TreMate and its affiliates (collectively: "TreMate") have developed this Site web site for the use by charter management companies world-wide. The Site is provided on behalf of your charter company to utilize TreMate services, for use by employees, management and clients of those charter companies. TreMate acts solely as web-based service provider and does not exercise supervisory authority over your charter company, its employees, vendors, affiliates or contractors or its employees.

TERMS OF USE

By using the Site (including without limitation all content accessible from the Site), the user ("you") agree to comply with the conditions imposed on your use of the Site, as set out in these Terms of Use and elsewhere in the Site.

Some contents of the Site, included but not limited to market data, news, and other services, are provided by third parties as a convenience to you ("Third Party Content"). Third Party Content is outside TreMate control. Neither TreMate, your charter company, nor the provider of the Third Party Content, take responsibility for the suitability of the Third Party Content. The provision of the Third Party Content is not an endorsement of the Third Party Content, any third party service, or its sponsoring organization.

The content of the Site is the intellectual property of TreMate or the relevant data and information services providers or other third parties that provide it. Such content is protected by copyright and other intellectual property laws, and all ownership rights remain with TreMate or the relevant data and information services providers or other third parties that provide it, as the case may be.

THE SITE (INCLUDING ALL CONTENT AND INFORMATION THEREIN) IS PROVIDED "AS IS." TREMATE, YOUR CHARTER COMPANY AND OTHER PROVIDERS OF MATERIALS ON THIS SITE DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SITE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

NEITHER TREMATE OR ANY THIRD PARTY SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING FROM (I) ANY INACCURACY OR INCOMPLETENESS IN, OR DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS IN THE DELIVERY OF THE DATA OR ANY OTHER INFORMATION SUPPLIED TO YOU THROUGH THE SITE OR (II) ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANY THIRD PARTY IN RELIANCE UPON THE SITE. NEITHER PERSHING TREMATE, YOUR CHARTER COMPANY OR ANY OTHER PROVIDERS SHALL THIRD PARTY BE LIABLE FOR LOSS OF BUSINESS REVENUES, LOST PROFITS OR ANY PUNITIVE, INDIRECT, CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCURRED BY YOU OR ANY THIRD PARTY.

WHERE THE INFORMATION ON THE SITE CONSISTS OF PRICING, THE DATA CONTAINED THEREIN HAS BEEN OBTAINED FROM YOUR CHARTER COMPANY AND IS ARE NOT GUARANTEED BY NEITHER TREMATE OR ITS EMPLOYEES, CONTRACTORS OR AFFILIATES. NEITHER TREMATE, ITS EMPLOYEES, CONTRACTORS, AFFILIATES, NOR ANY THIRD PARTY MAKES ANY WARRANTIES, AS TO THE ACCURACY, ADEQUACY, QUALITY OR FITNESS, TIMELESS, NON-INFRINGEMENT, TITLE, OF ANY INFORMATION FOR A PARTICULAR PURPOSE OR USE AND ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED TO THE FULLEST EXTENT THAT SUCH WARRANTIES MAY BE EXCLUDED BY LAW. YOU BEAR ALL RISK FROM ANY USE OR RESULTS OF USING ANY INFORMATION. YOU ARE RESPONSIBLE FOR VALIDATING THE INTEGRITY OF ANY INFORMATION RECEIVED OVER THE INTERNET.

TRANSMISSION MAY BE SUBJECT TO ARBITRARY DELAYS BEYOND TREMATE CONTROL, WHICH MAY DELAY THE PROVISION OF THE SITE AND THE EXECUTION OF YOUR REQUESTS. YOU ACKNOWLEDGE THAT NEITHER TREMATE, ITS EMPLOYEES, CONTRACTS, AFFILIATES, NOR ANY THIRD PARTY WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES ARISING FROM SUCH DELAY. YOU ACCEPT AT YOUR OWN RISK THAT THE INTERNET AND ONLINE COMMUNICATIONS MEDIUM MAY NOT PERFORM AS INTENDED DESPITE THE EFFORTS OF TREMATE, YOUR INTERNET SERVICE PROVIDER AND YOU.

IN NO EVENT WILL TREMATE, ITS EMPLOYEES, CONTRACTORS, AFFILIATES OR THIRD PARTY BE LIABLE FOR ANY CONSEQUENTIAL LOSS INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, DIRECT OR INDIRECT DAMAGES RESULTING FROM DELAY OR LOSS OF USE OF THE SITE, OR FOR ANY DAMAGE TO YOUR COMPUTER, SOFTWARE, MODEM, TELEPHONE OR OTHER PROPERTY RESULTING FROM YOUR USE OF THE SITE

You represent, warrant and covenant that: (a) you will not upload, post or transmit to, or distribute or otherwise publish through the TreMate Site either directly or indirectly any materials which (i) restrict or inhibit any other user from using and enjoying the TreMate Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or, otherwise violate law, (iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) are unsolicited email ("Spam"), or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old. You specifically agree to comply with all agree with all local rules regarding online conduct and acceptable content.

You, or third parties, are not allowed to frame our site, or use our proprietary marks as meta tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any TreMate Content without TreMate express written consent. Further, you may not utilize any TreMate Content in any meta tags or any other "hidden text" techniques or technologies without TreMate express written consent.

You agree to indemnify, defend, and hold harmless Atlantic Voyager, LLC and TreMate, from and against any claim, liability, cost, damage, expense, or loss it may incur (including, without limitation, reasonable attorneys' fees and costs) as a result of (i) your use of User Provided Content or TreMate Content; (ii) any content provided by you; (iii) any violation by you of your obligations under this Agreement; and (iv) any violation by you of the rights of others. TreMate reserves the right, but not the obligation to, at its own expense, assume control of the defense of any action subject to indemnification by you under this Agreement. You agree not to settle any claim arising under this Agreement without the prior written consent of TreMate. You will use your best efforts to cooperate with TreMate in the defense of any claim.

GOVERNING LAW

This Agreement, your rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of New Jersey (except with respect to its conflict of law provisions), as if the Agreement were a contract wholly entered into and wholly performed in Monmouth County, New Jersey, independent of your actual state or country of residence. Any dispute arising out of or relating to this Agreement whether at law or in equity will be resolved exclusively in the federal or state courts located in Monmouth County, New Jersey, and you hereby irrevocably and unconditionally consent to the exclusive jurisdiction and venue of such courts.

COMPLIANCE WITH EXPORT CONTROL LAWS

Some software, documentation, products and technical information available on or through the TreMate Site may be subject to U.S. or foreign export controls. By accessing, downloading, purchasing or using such software, documentation, products or technical information you represent and warrant that you are in compliance with and shall abide by any such applicable laws and regulations. TreMate makes no representation that materials on the TreMate Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.

MISCELLANEOUS

This Agreement constitutes the entire agreement between TreMate and you with respect to your use of the TreMate Site. Any cause of action you may have with respect to your use of the TreMate Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. All provisions of this Agreement that impose obligations continuing in their nature shall survive the termination or expiration of this Agreement, including but not limited to, provisions for indemnity and any licenses granted by you to TreMate. The failure of TreMate to exercise or enforce any provision of this Agreement shall not constitute a waiver of such right or provision.

COMPANY CONTACT INFORMATION

You may also use the contact information below if you have any questions or comments about these Terms of Use or your dealings with the TREMATE Site.

Webmaster

TreMate

PO Box 502

Holmdel, NJ 07733 USA

Email: info@TreMate.com

Notification of Changes

TreMate may change these Terms of Use from time to time for any reason. When we make such changes, we will post notification of them on our main page. Your continued use of this site after notification of such changes have been posted shall constitute your assent to be bound by these changes.

ASSENT BY USING TREMATE WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.