USER´S AGREEMENT
1. User acknowledges that has read the terms and conditions of use and accepts them. If User does not agree the terms and conditions thereof, may not access the Auctions System through the ACP Website.
2. ACP’S CONTROL OVER THE AUCTIONS SYSTEM THROUGH THE ACP WEBSITE. (a) ACP has the right, but not the obligation, to monitor the use of the Auctions System through the ACP Website and its content. b) ACP has the right, except during the bid, to correct any errors or omissions and to remove any material included in this System by the ACP.
(c) ACP will allocate the slots offered through Action System following the allocation procedure contained in the MR´s Advisory to Shipping No. a-07-2006.
3. PRIVACY OF BIDDERS. The ACP will give strict confidence to the information provided by the user while the auction is in progress. Once the bid is closed, ACP will disclose the identity of the bidders and all bid information.
4. USER’S ACKNOWLEDGMENTS (a) User acknowledges that any and all information provided by User in the course of using the Auctions System through the ACP Website becomes the property of the ACP, including the communications between the users through the system. (b) User is responsible and committed to the bid amount placed on each published auction.
5. DISCLAIMER. The Auctions System through the ACP Website is provided "as is." user understands and expressly agrees that the use of the Auctions System through the ACP Website and all its contents is at user’s sole risk, that any material and/or data downloaded or otherwise obtained through the use of the Auctions System through the ACP Website is at user’s own discretion and risk and that user will be solely responsible for any damage to user’s computer system or loss of data that results from the download of such material and /or data. ACP is not liable for any defamatory, offensive, illegal, tortuous or infringing conduct of any user. The Panama Canal Authority makes no warranty of any kind, whether express or implied, with regard to products failures, such as any software, equipment, internet provider or hardware that may prevent the User to bid in the published transit slot’s auctions, including any technical failures of the Auctions System through the ACP Website.
6. LIABILITY . The ACP will not be liable for any direct, indirect, incidental, special, consequential or punitive damages of any kind resulting from the use of or the inability to use the Auctions System through the ACP Website, including those resulting from any obtained or messages received or transactions entered into through this system, resulting from loss of, unauthorized access to, or alteration of a user’s transmissions or data, including but not limited to damages for loss of profits, use, data or other intangibles, even if the ACP had been advised of the possibility of such damages.
7. INDEMNIFICATION (a) User agrees to indemnify, defend and hold harmless the ACP, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages, and/or costs arising from his/her use of this system, as well as for User’s violation of the terms of this Agreement or User’s infringement, or infringement by any other user of User’s account, of any intellectual property or other right of any person or entity. The terms of this Agreement will inure to the benefit of the ACP’s successors, assigns and licensees. (b) User covenants to cooperate with ACP fully in the defense of any claim. (c) ACP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User and User shall not in any event settle any matter without the written consent of the ACP.
8. TERMINATION. This Agreement will apply to bids for transit slots auctions beginning with the User first visit to the Auctions System through the ACP Website.
The ACP may, for technical failures or incidentals errors, suspend or terminate any auction without any responsibility or obligation to pay any claim for damages or loss of profit against related to such suspension or cancellation.
In the event that User breaches this agreement or engages in a conduct that ACP, in its sole discretion, considers unacceptable, the ACP has the right to terminate this agreement and to suspend o cancel any passwords or accounts created by the User and to deny its access to the Auction System through de ACP Website, without any responsibility and the User has no right to claim for damages or loss of profit against ACP. . In the event of termination, the restrictions imposed on User with respect to the material downloaded from the Auctions System through the ACP Website, the disclaimers and limitations of liabilities and indemnification set forth in this Agreement, shall survive.
If the ACP is unable to verify any information provided by the User, or any other information that the User placed on the Auctions System through the ACP Website, the ACP may immediately issue a warning, temporarily suspend, or terminate User’s access.
ACP’s failure to act with respect to a breach by User or others does not constitute a waiver of ACP’s right to act with respect to subsequent or similar breaches. Without limiting any other rights ACP has, user understands and acknowledges that ACP, in its sole discretion, may pursue legal and/or equitable relief against user if User breaches or threatens to breach this Agreement.
9. INTELLECTUAL PROPERTY RIGHTS. The Auctions System through the ACP Website is protected by copyright under the Republic of Panama laws, international conventions, and other copyright laws. The ACP’s logo, slogans, and other distinctive designs are protected by the state, national, and international laws of trademark.
User hereby waives all rights to any claim against the ACP for any alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with the communications between the users through the system.
If you are dissatisfied with the Auctions System through the ACP Website or with any of the ACP’s terms of use this system, please send your comments to ACP-auction@pancanal.com.
Updated:06/apr/2006
