Terms of Use and Privacy Policy

Thank you for using the Port of Oakland websites (the “Website,” “we,” “our,” or “us”). These Terms of Use govern any access or use of the Website by you (“you,” “your,” or “User”). By accessing, browsing, or otherwise using the Website, you agree to be legally bound by these Terms of Use—and further acknowledge consent to our collection and use of information as set forth in the Privacy Policy for the Website.

Please read these Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use. If you do not agree to these Terms of Use, do not access or use the Website. Please check back periodically as these Terms of Use may change from time to time.

License to Use the Website and Restrictions on Use

We grant you a personal, limited, nonexclusive license to access and use the Website and its contents (individually and collectively, the “Website Content”) solely for your personal, individual, and non-commercial use. You may not access or use the Website except for these express purposes and as expressly allowed by these Terms of Use.

Subject to the rest of these Terms of Use, you may not re-publish, re-transmit, display publicly, modify, or otherwise exploit the Website Content. You also may not access or use the Website through any automated or non-human means, such as through bots, spiders, scripts, or software; you may not access or use the Website for the purpose of scraping, harvesting, mining, or other data extraction; and you may not access or use the Website for any interference, disruption, or other illegal or unauthorized purposes, such as interference with the Website’s operations or interference with access to the Website through viruses, Trojan horses, worms, cancelbots, or other such applications.

Intellectual Property

All Website Content is owned by the Port of Oakland or its suppliers or licensors, including without limitation all applicable copyrights, trademarks, and other intellectual property or proprietary rights. The name Port of Oakland and the Port of Oakland logo, Port of Oakland Seaport logo, and Oakland Airport logo are trademarks owned by the Port of Oakland.

Registering an Account

Certain features of some of the Port of Oakland websites may offer you the option of registering an account. By registering an account, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of your registration information; and (c) you are at least 13 years old. You will be asked to create a password when you register an account, which you must keep confidential and not share with others. You are responsible for all use of your password and account.

Reliance on Information on the Website

Although we try to ensure that all Website Content is correct and up-to-date at the time we include it on the Website, the Website is for general informational purposes only and we cannot guarantee the completeness or accuracy of the Website Content. We are not responsible or liable for your reliance on the Website Content.

No Endorsement of Third Party Websites

The Website features links to websites maintained by third parties. We do not operate or control in any respect any information, products or services on these third-party sites. The materials in this site and the third-party sites are provided “as is” and without warranties of any kind either express or implied. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY FROM ANY DAMAGES THAT MAY RESULT FROM THE ACCESS OR USE OF ANY THIRD-PARTY WEBSITES.

Indemnity

YOU AGREE TO DEFEND AND INDEMNIFY US AND OUR AFFILIATES, BOARD OF DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FOR ANY CLAIMS RESULTING FROM OR RELATING IN ANY WAY TO YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE AND YOUR USE OF THE WEBSITE OR ANY WEBSITE CONTENT.

Disclaimer of Warranties and Limitation of Liability

WE PROVIDE THE WEBSITE (INCLUDING WITHOUT LIMITATION ANY AND ALL WEBSITE CONTENT) “AS IS,” WITHOUT WARRANTY OF ANY KIND; AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE PROVISION OF THE WEBSITE AND ANY WEBSITE CONTENT—INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE AND OUR AFFILIATES, BOARD OF DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL) RESULTING OR RELATING IN ANY WAY TO YOUR ACCESS OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE (OR ANY WEBSITE CONTENT)—WHETHER BASED ON WARRANTY, CONTRACT, TORT/NEGLIGENCE, OR OTHER LEGAL THEORY—EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN IT IS NOT APPLICABLE AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.

Changes to Terms of Use

We may change or update these Terms of Use, and will post the changes to the Website to notify you. We encourage you to visit this page periodically to remain informed of any changes. If you continue to use the Website after those changes are in effect, you agree to the revised Terms of Use. If the changes are significant, we may provide more prominent notice or get your consent as required by law.

Governing Law and Jurisdiction

These Terms of Use shall be interpreted under and governed by the laws of the State of California, without reference to its choice-of-law provisions. All claims arising or relating in any way to these Terms of Use must be brought solely in Alameda County, California, or in the Northern District of California, as applicable; and with respect to any such claims, you waive any objection regarding this location being an inconvenient forum, and you consent to personal jurisdiction in the State of California.

Other Legal Terms

These Terms of Use constitute the entire agreement between you and us with respect to matters set forth in these Terms of Use and supersede any prior or contemporaneous understanding or agreement. There are no third-party beneficiaries to these Terms of Use. These Terms of Use will bind and inure to the benefit of any assignees or successors in interest of or to you or us. Section and paragraph headings in these Terms of Use are used for convenience and reference only and in no way define, limit, extend, or otherwise describe the scope or intent of these Terms of Use and may not affect the meaning or interpretation of these Terms of Use. If any provision of these Terms of Use is deemed invalid or unenforceable, that provision will be reformed and construed consistently with applicable law as nearly as possible to reflect the original intentions of these Terms of Use; and in any event, the remaining provisions of these Terms of Use will remain in full force and effect. No waiver of any of the provisions of these Terms of Use is effective unless in writing, nor is any waiver a waiver of any other provision, whether or not similar, nor does any waiver constitute a continuing waiver.

Effective Date: August 15, 2018
Date of Last Revision: August 15, 2018