Terms of Use

TERMS AND CONDITIONS OF USE

LAST UPDATED OCTOBER 31, 2018

Thank you for visiting the Eagle Bulk Shipping Inc. website (the “Website”). Throughout this Website, the terms “we,” “us,” “our,” or “EBS” refer to Eagle Bulk Shipping Inc., its subsidiaries and affiliates and their respective directors, officers, employees, agents, service provider and third-party contractors. As used in these terms and conditions, the term “including” means “including, but not limited to.”

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE

INTRODUCTION

Your use of the Website, including all features contained herein, shall be at all times subject to these Terms and Conditions of Use (“Terms of Use”) and the Website Privacy Policy (“Privacy Policy”). By using the Website, you are agreeing that: (i) you have read these Terms of Use and (ii) you understand, accept, and agree to be bound by these Terms of Use. These Terms of Use may be amended or updated from time to time. It is your sole responsibility to read and check these Terms of Use prior to your use of the Website. References to the Website shall include all content and pages that are within each section of the Website or associated with the Website. These Terms of Use shall apply to all such content and pages. We may terminate your access to the Website at any time, including upon your violation of these Terms of Use. We respect your privacy and the confidential nature of some of the information that may be provided by you or otherwise obtained by us in connection with your use of the Website. You can view the Privacy Policy here. By using the Website, you agree to the Privacy Policy and any modifications thereto.

The Website may contain information, content, and/or hyperlinks provided by or related to third parties. EBS does not necessarily sponsor or endorse any such third-party content or linked websites and your use of the same shall be governed by terms of use and/or privacy policies maintained by and applicable to those third parties.

NO OFFER OR ADVICE

The information contained on this Website 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 visitors to this Website should rely for securities, investment or other advice or to take any decision based on such information. Visitors to this Website are encouraged to seek individual advice from their legal, financial, personal and other advisors before making an investment in Eagle Bulk Shipping Inc., or any other investment.

ACCURACY OF INFORMATION

Although EBS has taken reasonable care that the information contained on this Website or delivered to you by e-mail, if any, is accurate at the time of publication, such information is provided “as is” for informational purposes only as of the date of publication, and no representation or warranty (including liability towards third parties), expressed or implied, is made (or accepted) as to its accuracy or completeness or fitness for any purpose by EBS. Under no circumstances will EBS be liable for any direct, indirect, incidental, special or consequential loss or damage caused by reliance on this information. EBS makes no representations or warranties that use of this Website will be uninterrupted or error free. Visitors are responsible for taking all necessary precautions to ensure that any content they may obtain from the Website is free of viruses.

FORWARD LOOKING STATEMENTS

This Website 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 this Website and include assumptions, expectations, projections, intentions and beliefs about future events, particularly in relation to EBS’s operations, cash flows, financial position, plans, strategies, business prospects, changes and trends in EBS’s business and the markets in which EBS’s 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 this Website might not occur and EBS’s actual results may differ materially from those anticipated in the forward-looking statements. Accordingly, visitors should not unduly rely on any forward-looking statements. EBS undertake no obligation to update or revise any forward-looking statements contained in this Website, whether as a result of new information, future events, a change in EBS’s views or expectations or otherwise. New factors emerge from time to time, and it is not possible for EBS to predict all of these factors. Further, EBS cannot assess the impact of each such factor on EBS’s 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. EBS makes no prediction or statement about the performance of its common stock.

OWNERSHIP

Unless otherwise expressly noted, all content included on this Website, including, without limitation, images, logos, articles and other materials, are the property of EBS. Visitors are responsible for complying with all applicable copyright, trademark and other applicable laws. All other use is strictly prohibited.

LINKS TO OTHER WEBSITES

This Website may provide links that may take you outside the EBS network and we accept no responsibility for the content, accuracy or function of these other websites. The links are provided in good faith and we cannot be held responsible for any subsequent change in other websites to which we provide a link. The inclusion of any link to other websites does not imply endorsement by EBS. We highly recommend that you make yourself aware of and carefully read the legal and privacy notices of all other websites that you visit.

DISCLAIMERS

EBS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THIS DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, INFORMATION, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER EBS NOR ANYONE ASSOCIATED WITH EBS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

IN NO EVENT WILL EBS OR ITS MEMBERS, AFFILIATES, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THIS DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to indemnify and hold EBS and its officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through this Website, your use of this Website, or in connection to this Website, your violation of these Terms of Use, or your violation of any rights of another.

ENTIRE AGREEMENT AND SEVERABILITY

If any provision of these Terms of Use is deemed void, unlawful, or otherwise unenforceable for any reason, that provision shall be severed from these Terms of Use and the remaining provisions of these Terms of Use shall remain in force. If we waive enforcement of any provision in these Terms of Use, we are not obligated to continue to waive it. These Terms of Use and the Privacy Notice contain the entire agreement between us concerning your use of the Website.

JURISDICTION

This agreement shall be governed by and construed in accordance with the laws of New York as it is applied to agreements entered into and performed within that State. Any action brought to enforce these Terms of Use or with respect to any other matter related to the Website shall be brought only in the federal or state courts located in New York.

UPDATES TO THESE TERMS

EBS may modify these Terms, and the agreement they create, at any time, simply by updating this posting and without notice to you.

CONTACTING US

If you have any questions about our Terms of Use please contact us at info@eagleships.com or at:
Eagle Shipping International (USA) LLC
300 First Stamford Place
Stamford, CT 06902
Phone: +1 203 276 8100
Fax: +1 203 276 8199