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	Privacy Policy
	Terms of Service

Terms Of Service

This web site is provided by PierPASS, Inc. ("PierPASS"),in its capacity as manager for PierPass LLC ("PierPass LLC"), which is the agent for the members ("MTOs") of the West Coast MTO Agreement, FMC Agreement No. 201143. In that capacity, PierPASS is authorized to collect the Traffic Mitigation Fee on behalf of the MTOs. PierPASS allows its users to track certain information with respect to cargo shipments and, if desired, to make payment of the Traffic Mitigation Fee assessed with respect to such cargo. Below are the terms and conditions applicable to your access or use of any portion of the Site (the "Site Terms").

Use of the Site, constitutes 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 each access or use. You understand that your right to use or access the Site is derived solely from, and is expressly limited by, the Site Terms. If you do not desire to use this website for the tracking of cargo or payment of Traffic Mitigation Fees related to such cargo, please contact us at the address in the "notice" section below.

PierPASS 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, DO NOT ACCESS OR USE ANY OF THE SITE and exit immediately.

DESCRIPTION OF THE SERVICE:

1. Users may access the website to track information with respect to cargo, such as the name of the marine terminals which cargo has entered or exited, the date and time of entry or exit, the vessel name and voyage number with respect to such cargo, the Traffic Mitigation Fee assessed with respect to such cargo and payment status of such fee, the size and number of containers in which such cargo is transported, the container number(s), and the bill of lading or booking number with respect to such cargo or container(s). Such information may be provided by the users or by the marine terminal operators. By using this website, each user acknowledges and agrees that such information will be accessible with respect to its own cargo by all other users of this website, and consents to the collection of such information by PierPASS (whether collected from the users of this website or the marine terminal operators) and consents to the disclosure thereof to any other user of this website.

You may pay any Traffic Mitigation Fee assessed with respect to your cargo through this website by arranging for credit or debit card payment or payment by electronic check. You may also arrange to electronically pay your bill from your checking or other depositary account through an electronic payment service or financial institution. There are no additional fees charged by PierPASS for making credit or debit card payment via our website. However, if you make payment of any Traffic Mitigation Fee via credit or debit card, you may incur charges from your financial institution in order to make online payment. If you arrange for electronic payment through your checking or other bank account, you will be subject to the electronic payment service's and/or your financial institutions' terms and conditions (including any charges therefor) and you agree that PierPASS will not be responsible or liable for any loss or damage caused or created by those entities. You will not receive a separate paper copy of a receipt for payment of any Traffic Mitigation Fee. If you believe that there is an error in the charges assessed against your credit or debit card, or the amount of the Traffic Mitigation Fee assessed with respect to your account, you should notify us in writing of such error at 100 Oceangate Tower, Suite 410, Long Beach, CA 90802 or by e-mail at info@pierPASS.org.

TERMS OF USE:

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 PierPASS. The Site and its Content are furnished to you by PierPASS and are intended for your personal and lawful use in conformity with the Site Terms. All rights, title and interests are exclusively reserved to PierPASS.

You acknowledge and agree that the Content is 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 PierPASS (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
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 PierPASS. 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; (xii) interfere with PierPASS' ability to provide the services offered on this website to its users; and/or (xiii) 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 and at your own risk. Reliance on the Site and its Content 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 PierPASS.

PierPASS 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. PierPASS 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 PierPASS. In no event will PierPASS 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 PierPASS OR THIRD PARTIES ON OR THOUGH THE SITE ARE PROVIDED "AS-IS". PierPASS 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. OUR DESCRIPTION OF SERVICES ABOVE IS NOT A WARRANTY.

PierPASS WILL USE THE SITE TO SEND PROMOTIONAL MESSAGES, USER INFORMATION, PRESS RELEASES, SERVICE UPDATES, TECHNICAL INFORMATION, OR ANY OTHER INFORMATION PierPASS DETERMINES FOR PierPASS OR THOSE PierPASS 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 PierPASS, PIERPASS LLC, THE WEST COAST MTO AGREEMENT, THE MTOS, OR ANY OF THEIR RESPECTIVE AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OWNERS, MEMBERS, MANAGERS, ATTORNEYS, CONSULTANTS, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, LICENSORS, LICENSEES OR INVESTORS, OR ANY OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY, THE "INDEMNIFIED PARTIES"), 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 PierPASS OR THE OTHER INDEMNIFIED PARTIES HAVE 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 PierPASS OR ANY OF THE OTHER INDEMNIFIED PARTIES, IN CONNECTION WITH THE ACCESS OR USE OF ANY OF THE SITE OR CONTENT.


4. INDEMNIFICATION
You hereby shall indemnify, defend and hold harmless PierPASS and the other 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. PierPASS and/or the other Indemnified Parties, as applicable, reserve the right, at their 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"). PierPASS is not responsible for the availability, accurateness or completeness of any Link. PierPASS and the other Indemnified Parties do not endorse and are not responsible or liable for any Content, product, service, resource, advertising or other materials on or available from or through any Link. PierPASS and the other Indemnified Parties 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, PierPASS RESERVES THE RIGHT TO MONITOR YOUR ACCESS AND USE OF THE SITE AND CONTENT.


7. OTHER PROVISIONS
No Waiver. PierPASS'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 PierPASS shall be brought in federal or state courts located in Los Angeles County, California, USA.

Entire Agreement. The Site Terms constitute the entire agreement between you and PierPASS. No modification of the Site Terms shall be enforceable against PierPASS 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 PierPASS must be sent via postal mail to its principal place of business located at:

100 Oceangate Tower
Suite 410
Long Beach, CA 90802
USA

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 PierPASS. 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 PierPASS 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, PierPASS 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 PierPASS, which shall be deemed effectively given upon PierPASS's receipt.