McAllister Website User Terms and Conditions
IMPORTANT: Before accessing, using, or downloading or using any part of any Website (as defined below) owned or operated by McAllister Towing and Transportation Company, Inc. or one of its affiliates or subsidiaries (collectively, “McAllister”), you should read these terms and conditions carefully, as they govern your access to and use of the site and any programs, services, products, materials, content, or information available thereon or used in connection herewith.
YOUR USE OF THIS WEBSITE SIGNIFIES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS.
1. Introduction. Welcome to the mcallistertowing.com website (together with other sites operated by or for McAllister and any other online interfaces, this “Website”). This Website is primarily provided to assist prospective customers and business partners with learning about McAllister’s fleet, capabilities, and tariffs, as well as the different services offered by McAllister such as offshore and contract towing, ship docking, LNG services, and LNG bunkering. Certain other uses are discussed below. The Website is not offered for any other purpose.
2. Terms. The terms “McAllister” and “we”, “us”, and “our” refer to McAllister Towing and Transportation Company, Inc., a Delaware corporation, and its subsidiaries and other affiliates. The terms “User” or “you” refer to the person visiting and/or utilizing this Website.
4. User Representations and Warranties. As a condition of your use (and continued use) of this Website, you represent, warrant, and covenant that: (A) You are at least 18 years of age; (B) You will use this Website in accordance with this Agreement; (C) You will only use this Website to legitimately transact business for yourself or for another person or entity for whom you are legally authorized to act; and (D) All information supplied by, for, or through you on this Website is true, accurate, current, and complete.
5. Other Uses. Portions of this Website provide certain other functionality, such as a contact form with text input, file transfer functionality, and an application portal for employment candidates.
6. Prohibited Activities. The content and information on this Website (including, but not limited to, fleet options, available ports, tariffs, and services provided by McAllister), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of information and documents publicly available on this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to: (A) Use this Website or its contents for any unauthorized purpose; (B) Make any speculative, false, or fraudulent reservation; (C) Access, monitor, or copy any content or information of this Website using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission; (D) Violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website; (E) Attempt to gain unauthorized access to this Website, any related website, content, accounts, computer system, or networks connected to this Website, through hacking, password mining, or any other means; (F) Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (G) deep-link to any portion of this Website for any purpose without our express written permission; or (H) “frame”, “mirror”, or otherwise incorporate any part of this Website into any other website without our prior written authorization.
7. Additional User Acknowledgments. You agree that the facilities of this Website shall be used only to peruse content (or to make contact inquiries, for employment candidacy purposes, or to transfer files as applicable/authorized) for you or for another person for whom you are legally authorized to act. You understand that overuse, suspicious activity, signs of fraud, or abuse of the facilities of this Website may result in McAllister cancelling any orders associated with your name, e-mail address, or account, and closing any associated McAllister accounts. We may also cancel any requests, orders, or applications associated with your name, e-mail address, or account, and close any associated accounts if we reasonably believe) that you or any associated activity may have violated the Agreement. If you have conducted any fraudulent activity, McAllister reserves the right to take any legal action McAllister deems necessary or advisable and you may be liable for monetary losses to McAllister, including litigation costs and damages.
8. Our Discretion. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
9. Requests for Bids. You agree that, if you request estimates or bids from McAllister or other parties, you grant us an irrevocable, royalty-free, non-exclusive, perpetual, transferable license to all information transmitted or generated in connection with such requests.
10. Translations. This Website is provided in the English language. We do not offer translation tools. Any translations are your sole responsibility.
11. Disclaimers. All content contained within or available through this Website are provided to you on an “as is” and with all faults basis. McAllister makes no representations or warranties of any kind, either express or implied, as to the operation of this Website or the information, content, or materials included on the Website (including, without limitation, as to accuracy or completeness of information, title, or non-infringement of the rights of third parties). To the fullest extent permissible, McAllister disclaims all representations and warranties, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose. We make no representations, warranties, or covenants that this Website will operate error-free or uninterrupted, that defects will be corrected, or that the Website and/or its servers will be free of viruses and/or other harmful components. Furthermore, we make no representations, warranties, or covenants as to the suitability, availability, accuracy, reliability, completeness, or timeliness of any material of any kind contained within this Website for any purpose, including software, products, services, information, text, images, and related graphics content. Without limiting the generality of the foregoing, McAllister specifically disclaims making any representation, warranty, covenant, or assurance that (A) our fleet will be available for service; (B) a request for our services and use of our fleet will be accepted or (C) that the User will obtain the lowest available price in the marketplace for the services requested. Any binding terms for the performance of services by McAllister must be established in a separate written agreement.
12. Third-Party Sites. This Website may contain hyperlinks to websites not operated by us. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Furthermore, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, Trojan horses, defects, and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators, unless expressly stated.
13. Indemnification. You agree to defend and indemnify McAllister and its directors, officers, employees, and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including but not limited to reasonable attorneys’ fees, brought by third parties as a result of (A) your breach of this Agreement; (B) your violation of any law or the rights of a third party; (C) your use of this Website; and (D) any Feedback you provide. If the User is acting on behalf of another party, then both the User and the principal party shall be jointly and severally liable for any violations of this Agreement.
14. Limitation of Liability. You expressly absolve and release McAllister and its affiliates and all of their respective stockholders, directors, employees, agents, insurers, attorneys, successors, and assigns from any claim of harm resulting from any inaccurate information or any cause beyond McAllister’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL MCALLISTER BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF UTILIZATION OF THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF MCALLISTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE LIMITATIONS MAY NOT APPLY IN THOSE STATES/JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF MCALLISTER FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO MCALLISTER IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
15. Intellectual Property Notices. The content on this Website is protected under United States and international laws, including trademark and copyright laws. The content on this Website, including without limitation, the information, text, software, code, photographs, videos, typefaces, graphics, sounds, images, illustrations, maps, designs, icons, trademarks, service marks, logos, and written content (collectively, “Content”), and the arrangement and compilation of the Content and the infrastructure used to provide such Content (which are also included in the definition of “Content”), are proprietary to and owned by or licensed to McAllister or its contract partners. Some trademarks, service marks, and other company designations on the Website may belong to contract partners or other third parties and are used on the Website under license or for identification purposes only. The use of marks on the Website that belong to third parties, and the availability on the Website of services or goods from such third parties, should not be construed as an affiliation, endorsement, or sponsorship of this Website and its services by any such third party unless expressly stated.
16. Feedback. McAllister does not invite or solicit recommendations, suggestions, ideas, concepts, inventions, etc. (“Feedback”) through this Website. If you provide any Feedback to McAllister, McAllister is not subject to any obligation of confidentiality, non-disclosure, or protection with respect to such Feedback. By providing any Feedback to McAllister, you automatically grant McAllister a worldwide, perpetual, royalty-free, and transferrable license to use, reproduce, and modify such Feedback in any manner and for any purpose McAllister may choose, and McAllister shall have no obligation or liability to you for any Feedback McAllister may use.
17. Allegedly Infringing Material. If you believe in good faith that content on this Website or other materials hosted by us infringe a copyright of yours, then you (or your agent) may send us a written notice that includes the following information: (A) Identification of the copyrighted work you claim was infringed; (B) Identification of the content/material on the Website which you claim is infringing; (C) Your contact information; (D) A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”; (E) A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”; and (F) A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may send notice by e-mail to firstname.lastname@example.org or by hard copy to:
McAllister Towing and Transportation Company, Inc.
Attention: General Counsel
17 Battery Place,
New York, New York 10004
Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.
18. Disputes. All issues and questions concerning the construction, validity, enforcement, and interpretation of this Agreement shall be governed by, and construed in accordance with, the laws of New York state and, to the extent applicable, the federal laws of the United States of America, without giving effect to any choice of law or conflict of law rules or provisions (whether of the state of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the state of New York. You agree that if you initiate any litigation in connection with the Agreement or your use of the Website, you may only bring such action in a court located within New York and you submit to the personal jurisdiction of such courts. YOU AND WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY.
20. Revisions. McAllister may update, amend, or otherwise revise these terms and conditions at any time without advance prior notice and revised versions shall be effective upon being posted. Your continued use of the Website after revisions are posted to the Website shall automatically constitute your acceptance of and agreement to the revised terms and conditions. You should review these terms and conditions from time to time, and you are permitted to and encouraged to copy and store versions of these terms and conditions and you may contact us to request copies.
21. Contact. If you have any questions or comments about these terms and conditions, then feel free to contact us by electronic mail to email@example.com or by hard copy:
McAllister Towing and Transportation Company, Inc.
Attention: General Counsel
17 Battery Place,
New York, New York 10004