PLEASE READ THESE TERMS OF USE & DISCLAIMER CAREFULLY BEFORE USING THIS WEBSITE
Welcome to the Pyxis Tankers Inc. website (the "Site"). The information contained on the Site is communicated and issued by Pyxis Tankers Inc. (and, unless otherwise indicated or the context otherwise requires, its affiliates, together with Pyxis Tankers Inc., "Pyxis") in accordance with the following terms and conditions. By entering the Site you agree simultaneously that the following section titled “Terms of Use & Disclaimer” governs your use of the Site until your full exit from same. If you do not accept the Terms of Use & Disclaimer, please do not continue to access the Site. Pyxis may revise the Terms of Use & Disclaimer at any time without notice to you.
Areas of the Site may have different terms of use posted. If there is a conflict between the Terms of Use & Disclaimer and terms of use posted for a specific area of the Site, the latter shall take precedence with respect to your use of that area of the Site.
TERMS OF USE & DISCLAIMER
1. Use of Website Information
You may download, view, copy and print documents and any material incorporated in these documents from the Site provided that: (a) you use them solely for personal, informational and for non-commercial purposes; and (b) that you don’t modify or alter them or otherwise use them in any way. Any other use of the material on the Site including reproduction for purposes other than as noted above, and including any reproduction, modification, distribution, or republication may violate copyright, trademark or other intellectual property laws, and, unless prior written permission from Pyxis has been obtained, is strictly prohibited and shall be considered an infringement of such laws and our terms of use. Pyxis reserves the right to make changes or updates to the Site at any time without notice.
2. Termination of Use
You agree that Pyxis may, in its sole discretion, at any time terminate your access to the Site. Access to the Site may be monitored by Pyxis and third parties.
3. External Websites, Content, Products and Services
The Site may provide links to external websites and access to content. Such links are provided for your reference only. You agree that Pyxis is not responsible for the availability of, and content provided on, these external websites. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. You agree that Pyxis is not responsible for third party content available or accessible through the Site, including, but not limited to, industry or market information, opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Pyxis is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You also agree that Pyxis is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
4. User Comments, Feedback, and Other Submissions Provided By You
You agree that all rights, title and interest in any material and information that you transmit to the Site or otherwise provide to Pyxis are hereby transferred and assigned to Pyxis and shall be and remain Pyxis' property. Pyxis shall be free to use any ideas, concepts, know-how, or techniques contained in such material or information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such material or information. In addition, you agree, and are hereby put on notice, that you are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material or information or any other material or information that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments you make and shall indemnify and hold harmless Pyxis for any actions arising out of any comments that you make.
5. No Offer or Advice
The information contained on the Site is not intended to and does not constitute an offer, solicitation, inducement, invitation or commitment to purchase, subscribe to, provide or sell any securities or to provide any recommendations on which you or others should rely for securities, investment or other advice or to take any decision based on such information. You are encouraged to seek individual advice from your legal, financial, personal and other advisers before making an investment in Pyxis Tankers Inc. or any other investment.
6. Forward-Looking Statements
The Site may include statements that are, or may be deemed to be, "forward-looking statements". In some cases, predictive, future-tense or forward-looking words such as "believe", "intend", "anticipate", "estimate", "project", "forecast", "plan", "potential", "may", "should", "could" and "expect" and similar expressions are intended to identify forward-looking statements, but are not the exclusive means of identifying such statements. Forward-looking statements may appear in a number of places throughout the Site and include assumptions, expectations, projections, intentions and beliefs about future events, particularly in relation to Pyxis’ operations, cash flows, financial position, plans, strategies, business prospects, changes and trends in Pyxis’ business and the markets in which Pyxis operates. By their nature, forward-looking statements involve risks and uncertainties because they relate to events and depend on circumstances that may or may not occur in the future. Forward-looking statements are not guarantees of future performance. Assumptions, expectations, projections, intentions and beliefs about future events may, and often do, vary from actual results and these differences can be material. As a result, any forward-looking events discussed in the Site might not occur and Pyxis’ actual results may differ materially from those anticipated in the forward-looking statements. Accordingly, you should not unduly rely on any forward-looking statements. Pyxis undertakes no obligation to update or revise any forward-looking statements contained in the Site, whether as a result of new information, future events, a change in Pyxis’ views or expectations or otherwise. New factors emerge from time to time, and it is not possible for Pyxis to predict all of these factors. Further, Pyxis cannot assess the impact of each such factor on Pyxis’ business or the extent to which any factor, or combination of factors, may cause actual results to be materially different from those contained in any forward-looking statement. Pyxis makes no prediction or statement about the performance of its common stock.
7. Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, AND INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PYXIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PYXIS DOES NOT REPRESENT OR WARRANT THAT (A) THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT, (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR (C) THE SITE WILL MEET YOUR REQUIREMENTS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, WHETHER OR NOT PRODUCED BY PYXIS OR THIRD PARTIES, IS DONE AT YOUR OWN DISCRETION AND RISK. IN NO EVENT SHALL PYXIS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH YOUR RELIANCE ON OR OTHER USE, COPYING, OR DISPLAY OF THE CONTENTS OF THE SITE.
PYXIS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. FURTHERMORE, PYXIS DISCLAIMS ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE SITE OR WITHIN ANY ELECTRONIC FILES SENT FROM PYXIS OR FROM THE SITE.
ALSO, FROM TIME TO TIME THE SITE MAY REFER TO OR PROVIDE LINKS TO OTHER WEBSITES. PYXIS MAKES NO ENDORSEMENTS, PROMISES, REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE PRODUCTS, INFORMATION, SERVICES, CONTENT OR APPROPRIATENESS OF THE INFORMATION ON OTHER WEBSITES AND THE USER OF THE SITE HEREBY IRREVOCABLY WAIVES ANY CLAIM AGAINST PYXIS WITH RESPECT TO ANY LIABILITY OR USE OF THIS OR ANY OTHER WEBSITE.
7. Limitation of Liability
In no event shall Pyxis be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the Site. Some jurisdictions do not allow the limitation or exclusion of liability. Accordingly, some of the above limitations may not apply to you.
8. Indemnity
You agree to defend, indemnify and hold harmless Pyxis, its officers, directors, employees, affiliates and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site.
9. Applicable Laws & Jurisdiction
All matters relating to your access to and/or use of, the Site shall be governed by the laws of the Republic of the Marshall Islands. Any legal action or proceeding relating to your access to and/or use of, the Site shall be instituted before a competent court in the Republic of the Marshall Islands (the “Court”), which has exclusive jurisdiction over all claims arising out of your access to and/or use of the Site. You and Pyxis agree to submit to the jurisdiction of the Court, and agree that venue is proper therein, in case of any such legal action or proceeding.
10. Copyright & Trademarks
The material displayed in the Site including all Site design, images, illustrations, designs, photographs, video or audio clips, writings, text, graphics, interfaces and other materials, and the selection and arrangements thereof, that appear herein are copyrighted and owned, controlled or licensed by Pyxis. All trademarks, service marks, trade dress, logos and trade names used and displayed on the Site are proprietary to Pyxis or other respective owners that have granted Pyxis the right and license to use such marks.