Terms and Conditions of Accessing and Using of Evergreen Line Website (hereinafter called the "Website")

FOR ACCESS AND USE OF THE WEBSITE, THE USER EXPRESSLY UNDERSTANDS AND AGREES AS FOLLOWS:


1. The user agrees that :
  (i) All information contained in the Website shall be used by the user solely for the purpose of business needs to Evergreen Marine Corp. (Taiwan) Limited, Evergreen Marine (UK) Ltd., Italia Marittima S.p.A, Evergreen Marine (Hong Kong) Ltd. and Evergreen Marine (Singapore) Pte Ltd. (hereinafter collectively called the "Evergreen Line" , and individually called the "Carrier").
  (ii) All Information contained in the Website shall remain at all times the property of Evergreen Line; and
  (iii) Except as may be required by applicable law or legal process, the user shall not distribute, disclose, or disseminate such information to anyone, who does not have a need to know such information for the purpose for business to Evergreen Line, unless and until such time as:
    (a) Such information is generally available to the public other than as a result of a breach of this Terms and Conditions; or
    (b) Such information is already in the possession of the user or his/her/its employees prior to access to the Website; or
    (c) Such information is or has been lawfully disclosed to the user or his/her/its employees by a third party, not employed by or otherwise affiliated with the user, who is free lawfully to disclose the same; or
    (d) Such information is lawfully required to be disclosed to any governmental agency or is otherwise required to be disclosed by law; provided, however, that before making such disclosure, the user shall give Carrier an adequate opportunity to interpose an objection and/or to take action to assure confidential handling of such information.
2. The user warrants that he/she/it will apply reasonable safeguards against the unauthorized disclosure of the information contained in the Website and agrees to protect such information in the same manner and to the same degree that the user protects his/her/its own confidential and proprietary information.
3. The user further agrees that he/she/it will not give any employee access to such information until and unless the user has ensured that such employee is aware of the obligations of this Terms and Conditions and has agreed to maintain the confidentiality of such information as required hereunder. The breach of the Terms and Conditions by the user’s employees will be deemed as the breach of the Terms and Conditions by the user.
4. The user agrees that monetary damages would not be a sufficient remedy for any breach of this Terms and Conditions, and that Carrier shall be entitled to seek injunctive or other equitable relief to remedy or prevent any breach or threatened breach of this Terms and Conditions by the user or persons under the user’s direction or control (including but not limited to employees). Such remedy shall not be the exclusive remedy for any breach of this Terms and Conditions, but shall be in addition to all other rights and remedies available at law or in equity.

5. The information provided in the Website is believed to be accurate, however Carrier does not make any guarantee as to the accuracy or correctness of any information included in the Website. The user understands that, all of the Website's contents, including but not limited to the information, products and services contained or referred in the Website are subject to change or update at any time without prior notice.
6. All information presented in the Website is considered for information purposes only and does not constitute a legal contract between Carrier and the user unless otherwise specified.
7. Under no circumstance, including without limitation to, breach of contract, tort, negligence, or strict liability, shall Carrier or any of its affiliates, respective partners, officers, directors, employees, subsidiaries, agents or representatives of any kind (hereinafter collectively called "the related parties") be responsible for any damage, loss, including but not limited to lost revenues, lost profits, error, omission, inaccuracy, or misuse, whatsoever direct, indirect, consequential, incidental, arising from or in connection with the use, in reliance on, or performance of any data or information provided in or delivered from the Website.
8. The user assumes total responsibility and sole risk for his/her/its use of the Website.
9. Carrier makes no warranties or representations that the use of the services or materials displayed on the Website will not infringe rights of third parties.

10. While Carrier may from time to time revise the Terms and Conditions, the user is bound by such revisions and should therefore periodically visit the Website to review the updated Terms and Conditions.

11. In case of any conflict between the Terms and Conditions herein or any service information in the Website and the information contained in the applicable Carrier's internal documentation/agreement, the internal documentation/agreement will prevail.
12. Neither Carrier nor any of the related parties assumes or accepts any responsibility whatsoever and bears no liability for any damages to or viruses or other items of destructive nature that may infect the user's computer, software, hardware, systems or other property on account of the user's accessing, using and/or browsing the Website and any of its services or downloading of any material, data, text, image and whatsoever from the Website.
13. Carrier assumes no responsibility, and shall not be liable for any loss, damage or whatsoever due to the third party's unjustified access to the Website or to passwords data or information in the Website.

14. Unless otherwise specified in the Website, Carrier retains any/all title(s), right(s), profit(s) and interest(s) of the Website's contents, including but not limited to text, photographs, images, domains, sub-domains, trademarks, logos, or any other intellectual property rights, moral rights and similar benefits of any type in connection with the Website and the services offered.
15. Except as strictly provided or permitted in the Terms and Conditions, any act in respect of the reproduction out of any data or contents provided from the Website, or other copying, redistribution, publication or retransmission of any portion of the material of the Website is forbidden without express written permission or consent of Carrier.
16. While the Website may contain other proprietary notices and copyright information, the Terms and Conditions of which have to be obeyed and followed by the user.

17. The links in the Website allows other sites to be accessed. Such linked sites are not under the control of Carrier, and Carrier bears no liability to the contents of these sites. Carrier makes no warranty or representation whatsoever pertaining to any other Websites the user may access through the Website or which the user may use or access to such Websites and any of its services. While the user accesses a non-Carrier's Website, the user understands that it is independent from Carrier.
18. The Website provides links only as a convenience, and such inclusion of any link does not imply endorsement by Carrier. The user may take precautions to ensure that the use is free of viruses and other items of destructive nature.

19. The user agrees to indemnify, defend and hold Carrier and the related parties harmless from and against any and all liability, demands, judgments, costs, expenses (including, without limitation, reasonable attorneys' fees), losses and damages (including, without limitation, punitive damages) incurred or suffered by Carrier or the related parties and arising from or in connection with the user's breach of any his/her/its representations, warranties, covenant or obligations provided in this Terms and Conditions or the user's using of the information contained in the Website that results in any damages or losses of any third party.

20. While the functionality of the Website is used, the booking, B/L instruction, Internet B/L and carriage shall be governed by and construed according to the terms and conditions of Carrier's Bill of Lading/Seaway Bill, including the governing law and jurisdiction clauses.
21. The Website as well as the Terms and Conditions herein shall be subject to the laws of Taiwan. The user agrees that any claim or cause of action arising out of the use of the service in The Website or related to the Terms and Conditions herein, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
22. The user expressly waive any right he/she/it may otherwise have under any statue or law. Any dispute, claim, argument, and any other controversy arising from or in any way related to the Website, including the Terms and Conditions, shall be submitted to the exclusive jurisdiction of Taipei District Court of Taiwan.
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