The Effective Date of these Terms and Conditions is October 1, 2023.

Please read these Terms and Conditions carefully before using Our Website.

Definitions

The terms “Company”, “We”, “Us” or “Our” in these Terms and Conditions refer to Triton Dry Dock Engineers, Marine Surveyors & Consultants, LLC. The term “Device” means any device that can access the Website such as a computer, a cell phone, or a digital tablet.

The term “Website” refers to the Company’s website accessible from www.tritondrydock.com.

The term “You” means the individual accessing or using the Website, the company, or other legal entity on behalf of which such individual is accessing or using the Website, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Website and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Website. Your access to and use of the Website is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Website. By accessing or using the Website, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Website.

Your access to and use of the Website is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Website. Please read Our Privacy Policy carefully before using Our Website.

Services Offered

The Company is in the business of providing professional engineering, design, inspection, certification, incident response, investigation, construction oversight, and related services in connection with dry docks, quays, piers, terminals, wharves, and/or other marine structures or projects (the “Services”).

This Website does not and is not intended to contractually bind the Company to provide Services to or for You or on your behalf. Rather, the information on this Website is for informational purposes only.

Nothing contained on the Website constitutes a formal offer or commitment by the Company to provide Services, and the Company shall not be contractually bound to provide Services for You unless and until the Company and You enter into a separate, formal written agreement, which will be subject to additional terms and conditions in form and content satisfactory to the Company.

Links to Other Websites

Our Website may contain links to third-party websites that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party website content, goods, services or other websites available on or through any such third-party websites.

Your use of links on the Website to third-party websites and your use of third-party websites is at your own risk. You should make any investigation you feel necessary before proceeding to use any third-party websites, and you should read the terms and conditions and privacy policies of any third-party websites that You visit, especially and including any such third-party websites to which Our Website provides a link.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company, including its officers, directors, shareholders, employees, agents, successors, assigns, and affiliates, be liable for any special, incidental, indirect, or consequential damages whatsoever, including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of these Terms and Conditions, even if the Company has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

“As Is” and “As Available” Disclaimer

The Website is provided to You “As Is” and “As Available” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its officers, directors, shareholders, employees, agents, successors, assigns, and affiliates and its respective licensors and Website providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Without limitation to the foregoing, the Company provides no warranty or undertaking and makes no representation of any kind that the Website will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or websites, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company’s providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Dispute Resolution, Governing Law and Venue

If You have an issue or dispute concerning these Terms and Conditions or the Website, you agree to raise it and try to resolve it with Us informally. You may contact us with feedback and any issues, disputes, or concerns by emailing Us at the following e-mail address: wally@tritondrydock.com. Any claims arising

out of or relating to these Terms and Conditions, the Website or Your use of the Website shall be governed by the laws of the Commonwealth of Massachusetts, other than its conflict of laws rules. All disputes related to these Terms and Conditions or the Website or Your use of the Website shall be brought solely in the state courts located in Middlesex County, Massachusetts, or the federal court located in Boston, Massachusetts.

Severability and Waiver

If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms and Conditions shall not affect the Company’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated from the language We have made them available to You on our Website. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms and Conditions at any time. By continuing to access or use Our Website after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us by email at wally@tritondrydock.com.