Long Beach Container Terminal (LBCT) Website
The Agreement concerns the access and use of The Long Beach Container Terminal Website, Account Users Registrations and Terms and Conditions of use. (Hereinafter referred to as “The Agreement.”)
The LBCT web-site is provided by Long Beach Container Terminal LLC. (Hereinafter referred to as “LBCT”, or “Long Beach Container Terminal”, or “Website Owner”, or “Owner” in this document) Herein are the terms and conditions applicable to you (hereinafter “The User”, or “You”) and User’s access or use of the LBCT Website, (Hereinafter “The Website”) or any portion of the Website. (Hereinafter, the "Site Terms").
User’s use of the Site constitutes User’s agreement to be bound by all of the Site Terms, including any amendments or modifications to any of the Site Terms in effect at the time of your access or use, in addition to any changes to the Site Terms that may thereafter be amended and provided to you. You understand that your right to use or access the Site is derived solely from, and is expressly limited by, the Site Terms. LBCT reserves the right to amend or modify any of the Site Terms from time to time. You should review all of the Site Terms upon each access or use of the Site because any changes will be binding on you.
IF YOU DO NOT AGREE WITH ALL OF THE SITE TERMS, THEN, AS A RESULT OF YOUR NON AGREEMENT WITH THE SITE TERMS,
YOU ARE THEREFORE PROHIBITED FROM, AND SHALL NOT ACCESS OR USE ANY OF THE SITE AND SHALL IMMEDIATELY EXIT THE APPLICATION AND ANY THEN EXISTING USE OF THE SITE.
1. SITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS
The Site contains information, communications, software, photos, text, video, graphics, music, sounds, images, and other material and services (the “Content”) which are or may contain proprietary information owned, controlled or licensed by or to LBCT. The Site and its Contents are furnished to you by LBCT and are intended for your personal and lawful use in conformity with the Site Terms. All rights, title and interests are exclusively reserved to LBCT.
You acknowledge and agree that the Contents are protected by copyright, trademark and other intellectual property laws, that these rights are valid and protected in all media now existing or later developed, and that your access or use of any Content shall be governed and constrained by applicable copyright, trademark and other intellectual property laws. Further, you shall abide by all additional copyright or other notices, information or restrictions appearing in conjunction with any Content accessed on or through the Site.
The Site and its Content are protected by copyright as a collective work and/or compilation pursuant to United States copyright laws, international conventions and other copyright laws. Except as expressly set forth in the Site Terms, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials or Site in whole or in part. You may download one copy of the Content (to which you have access) for your personal, noncommercial use only, but not for the purpose of or in connection with reproducing or posting the Content anywhere on the Internet or elsewhere, provided that you maintain all copyright and other notices contained in such Content. Except as permitted under the Site Terms, copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from LBCT (or the copyright holder identified in the Content’s copyright or other proprietary notices). No download, copying or storing of any Content confers, conveys or otherwise transfers to you any ownership right, title or interest in or to any Content.
2. APPROPRIATE ACCESS OR USE
In connection with each transaction and proposed transaction through access or use of any of the Site or any Site-related services, you acknowledge and agree that: (i) LBCT has provided the Site to serve only as a medium to facilitate the initiation of a commercial transaction between or among parties other than LBCT; (ii) each transaction and proposed transaction shall be directly between or among parties other than LBCT; (iii) LBCT is not and shall not be a party to any transaction; (iv) LBCT does not purport to owe any fiduciary duty to any party or to have any special relationship with any party; (v) LBCT may or may not be a manufacturer, distributor or seller of any goods or services in any transaction, therefore registered users do so with knowledge accordingly; (vi) the parties (other than LBCT) are responsible for determining and ensuring that all transactions comply with applicable law, including, without limitation, payment of applicable taxes; and (vii) LBCT may or may not have control over any transaction, therefore, registered users agree that they will proceed under the assumption that LBCT does not.
You shall not access or use any of the Site or Content for any purpose other than a lawful and legitimate purpose as intended by LBCT. Examples of prohibited access or use of the Site or Content include, but are not limited to, access or use that may directly or indirectly: (i) manipulate or alter any transaction; (ii) unauthorized alteration of any materials, data or information provided by or to another user of the Site; (iii) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, contract or other personal or proprietary rights; (iv) introduce to the Site any unlawful, libelous, defamatory, untrue, malicious, fraudulent, harassing, pornographic or offensive material, or material irrelevant to the legitimate access or use of the Site; (v) constitute false or misleading indications of origin or statements of fact; (vi) harass, slander, libel or defame any person or entity; (vii) cause injury of any kind to any person or entity; (viii) result in the sale or purchase of stolen property, counterfeit items, contraband, controlled substances or any other material which may be unlawful; (ix) introduce to the Site any viruses, worms or other programming routines which may disrupt or interfere with the operation of the Site; (x) insert links to other Internet sites; (xi) promote any unlawful activity or purpose, including, without limitation, any activity that may result in criminal or civil liability; and/or (xii) violate any applicable laws, rules, regulations or other governmental regulations. You will take reasonable steps to ensure against the introduction of any virus, worms or other programming routines which may disrupt or interfere with the operation of the Site. You will be responsible for the accuracy and completeness of all materials, data and information you transmit through or place on the Site.
3. DISCLAIMERS AND WAIVERS
Access or use of any of the Site or its Content is voluntary, fully subject to The Site Terms, and at your own risk. Reliance on the Site and its Contents should only be undertaken after independent review of its accuracy, completeness, efficacy and timeliness. Reference to any specific commercial product, content provider, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation or favoring by LBCT.
LBCT neither represents nor endorses the accuracy or reliability of any content, material, advice, opinion, statement, data or other information displayed, uploaded or distributed on or through the Site by any person or entity. LBCT assumes no responsibility for consequences resulting from the access or use of the information or services, or in any respect for the content of such information, including, without limitation, errors or omissions, the accuracy or reasonableness of assumptions or conclusions, the defamatory nature of statements, ownership of copyright or other intellectual property rights, and the violation of property, privacy or personal rights of others.
Difficulties with hardware, software and equipment and services supplied by others may result in service interruption or downtime. Further, it is possible that some or all of the Site or Content may be corrupted and unusable due to the presence of “bugs” in software, viruses or other causes beyond the reasonable control of LBCT. In no event will LBCT be liable to you or other persons for any claim, suit, demand, controversy, dispute, liability, loss, expense, costs and/or damage (collectively, “Claim”) that may result from any period of service interruption or downtime suffered by the Site.
THE SITE AND ALL CONTENT PROVIDED BY LBCT OR THIRD PARTIES ON OR THOUGH THE SITE ARE PROVIDED “AS-IS”. LBCT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY OR REPRESENTATION, WHETHER ORAL, WRITTEN OR IN ELECTRONIC FORM, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OR USEFULNESS OF ANY OF THE SITE OR CONTENT.
LBCT WILL USE THE SITE TO SEND PROMOTIONAL MESSAGES, USER INFORMATION, PRESS RELEASES, SERVICE UPDATES, TECHNICAL INFORMATION, OR ANY OTHER INFORMATION LBCT DETERMINES FOR LBCT OR THOSE LBCT HAS DETERMINED SUCH MESSAGES CAN AND MAY BE SENT TO ANY AND ALL WHO HAVE AGREEED TO THESE TERMS. RECIPIENTS OF THE MESSAGES ARE NOT LIMITED TO THE ACCOUNT ADMINISTRATOR BUT TO ANY AND ALL ADMINISTRATOR ASSIGNED SUBUSERS.
IN NO EVENT SHALL LBCT OR ANY OF ITS AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, OWNERS, MEMBERS, ATTORNEYS, CONSULTANTS, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, LICENSORS, LICENSEES OR INVESTORS, OR ANY OF THEIR AFFILIATES, BE LIABLE OR OTHERWISE RESPONSIBLE, INDEPENDENTLY, JOINTLY OR SEVERALLY, TO YOU OR ANY PERSON FOR ANY CLAIM, REGARDLESS OF THE NATURE OF THE CLAIM AND EVEN IF LBCT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, (I) FOR DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE AND/OR EXEMPLARY DAMAGE, (II) INCURRED IN CONNECTION WITH ACCESS OR USE OF ANY OF THE SITE OR CONTENT, OR (III) CAUSED BY, DUE TO OR RELATED TO ANY INTERRUPTION, DELETION OF FILES, ERROR, OMISSION, DEFECT AND/OR DELAY IN PERFORMANCE.
YOU HEREBY WAIVE ANY AND ALL CLAIMS AND RIGHTS TO BRING, AND EXPRESSLY AGREE NOT TO BRING, ANY SUCH CLAIM AGAINST LBCT, OR ANY OF ITS MEMBERS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, INVESTORS, OR ANY OF THEIR AFFILIATES, IN CONNECTION WITH THE ACCESS OR USE OF ANY OF THE SITE OR CONTENT.
You hereby shall indemnify, defend and hold harmless LBCT and its affiliates, and their directors, officers, employees, owners, members, attorneys, consultants, agents, representatives, information providers, licensors, licensees and investors, and their affiliates (collectively, the “Indemnified Parties”), from and against any and all Claims (including, without limitation, reasonable attorneys’ fees and costs) arising out of any breach by you of any of the Site Terms or otherwise arising from your access or use of the Site or Content. You shall cooperate as fully as reasonably required in the defense of any Claim. LBCT reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
5. LINKS AND OTHER SITES
The Site may contain links to other World Wide Web Internet sites, services or resources (the “Links”). LBCT is not responsible for the availability, accurateness or completeness of any Link. LBCT does not endorse and is not responsible or liable for any Content, product, service, resource, advertising or other materials on or available from or through any Link. LBCT shall not be responsible or liable, directly or indirectly, for any Claim caused or alleged to be caused by or in connection with your access to, use of or reliance on any such Link. You should direct any concern regarding any Link to such Link’s administrator or Webmaster.
6. NO PRIVACY
NOTWITHSTANDING ANYTHING IN THE SITE TERMS TO THE CONTRARY, YOUR ACCESS AND USE OF THE SITE AND CONTENT ARE NOT PRIVATE OR CONFIDENTIAL. FURTHER, LBCT RESERVES THE RIGHT TO MONITOR YOUR ACCESS AND USE OF THE SITE AND CONTENT.
7. OTHER PROVISIONS
No Waiver. LBCT’s failure to exercise or enforce any of its rights shall not constitute a waiver of such right, unless such waiver is in writing and specifying the right being waived. Severability. If one or more provisions of the Site Terms are held to be unenforceable under applicable law, such provision shall be excluded from the Site Terms and the balance of the Site Terms shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms.
Governing Law. The Site Terms have been made in and shall be construed and enforced in accordance with California law without giving effect to principles on conflicts of law. Any action in connection with the Site Terms, the Site or any Content involving LBCT shall be brought in Los Angeles County, California, USA.
In the event litigation results from or arises out of this Agreement or the performance thereof, the Parties agree to Binding Arbitration after formal notice demanding Arbitration being made. Said Arbitration to be in that form known as a “Three Panel Arbitration”. As such, each party will select an Arbitrator of their choosing within thirty days. Thereafter, the two chosen Arbitrators shall jointly select a mutually agreed upon, by them, third Arbitrator within 30 days. The arbitration shall be conducted under the California Code of Civil Procedure governing Arbitrations. The decision of the Panel shall be binding and Judgment may be entered and enforceable upon the Parties. The Panel is authorized to order the reimbursement of the prevailing Party’s reasonable attorneys’ fees, court costs, and all other expenses of The Arbitration, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing Party may be entitled. Each side shall bear the costs of their own Arbitrator and shall share one half of the charges of the Independent Arbitrator. Any such costs for said Arbitration shall be deemed to be Legal costs.
The arbitrator(s) will have the authority to apportion liability between the Parties, but will not have the authority to award any damages or remedies not available under the express terms of or contemplated by the Parties to this Agreement. The arbitration award will be presented to the Parties in writing, and upon the request of either Party, will include findings of fact and conclusions of law. The award may be confirmed and enforced in any court of competent jurisdiction. Nothing in this section shall preclude either party from seeking interim equitable relief in the form of a TRO or preliminary injunction. A request by a Party of a court for interim equitable relief shall not be deemed a waiver of the obligation to arbitrate hereunder. THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY.
Entire Agreement. The Site Terms constitute the entire agreement between you and LBCT. No modification of the Site Terms shall be enforceable against LBCT unless such modification is in accordance with the Site Terms.
Notice. Notice or correspondence to you shall be via e-mail to the e-mail address contained in your most current registration form. Notice or correspondence to LBCT must be sent via postal mail to its principal place of business located at:
Long Beach Container Terminal, LLC.
Pier F, Berths 6-10
1171 Pier F Avenue
Long Beach, CA 90802
Modification. Any and all portions of the Site Terms may be modified, amended, changed, added, or removed at any time and from time to time at the sole discretion of LBCT. Any such modification shall be effective immediately upon notice delivered to you via e-mail at the address provided in the registration form or by posting such modification on the Site. You should visit this Site from time to time to review the then-current Site Terms because the Site Terms (including any modifications to the Site Terms) are binding on you. By accessing and using the Site, you agree to become and remain knowledgeable with the Site Terms as they may exist from time to time. Certain provisions of the Site Terms may be superseded by expressly designated legal notices or terms located on particular pages at the Site. You shall have no right to modify or amend any of the Site Terms. If you do not agree with all of the Site Terms, as may be amended from time to time, your sole recourse is to cease access and use of the Site.
Restriction, Suspension and Termination. If LBCT determines, in its sole discretion, that you are using or have used any portion of the Site or Content in a manner inconsistent with any of the Site Terms, LBCT shall have the right to take appropriate action without prior notice to you, including, without limitation, the following: (i) removal of material; (ii) limit, restrict, suspend and/or terminate your access to and use of the Site or any portion of the Site; and (iii) seek any remedies available at law or in equity. You may terminate your registration, access or use of the Site and the Content at any time by providing written notice to LBCT, which shall be deemed effectively given upon LBCT’s receipt.
10. INFORMATION WE COLLECT AUTOMATICALLY
The Internet servers that run our Web site collect certain non-business information about your visits to our Web site. The non-business information that we may collect includes the name of the domain and host from which you access the Internet, the type of operating system you use (e.g., Macintosh or Windows), the type of Internet browser you use (e.g., Netscape or Internet Explorer), the IP address of your computer, the date and time you access the Web site, and the Internet address of the Web site from which you link to our Web site. We use this information to analyze trends, administer our Web site, and gather broad demographic information for aggregate use. If you submit business information as indicated below, we will link such information to the information we automatically collect to try to improve your experience on our Web site.
11. INFORMATION YOU CHOOSE TO PROVIDE US
12. BUSINESS INFORMATION AS AN ASSET OF LBCT
The business information you provide to us is an asset of LBCT. If LBCT or a substantial part of our business is sold or otherwise transferred to a third party, your business information may be transferred as well. We will notify you of any transfer of your business information in connection with such a major transaction.
13. DISCLOSURE INFROMATION TO THIRD PARTIES
Except for a major transaction as described above, LBCT will not sell or rent the business information you provide to us to any third party without first obtaining your consent. In addition, we will not disclose the business information you provide to us without your consent except: (a) as required by law; (b) to our service provider who hosts and maintains this Web site; and (c) to service providers or suppliers if the disclosure will enable that party to perform business, professional or technical support for us.
We maintain physical, electronic, and procedural safeguards to protect your business information. We follow generally accepted industry standards to safeguard your business information. You should be aware, however, that no transmission over the Internet, and no electronic data storage method, is 100% secure. Therefore, we cannot guarantee the absolute security of the business information you provide to us either during its transmission or its storage on the servers we use for this Web site.
16. LINKS TO OTHER WEB SITES
It is not our intention to collect business information from anyone under 18 years of age. If you are under 18 years of age, you may use this Web site only with the participation of a registered and authorized adult.
18. HOW TO CONTACT US