AGREEMENT BETWEEN USER AND Vancouver Port Authority regarding
the Pacific Gateway Portal
The Pacific Gateway Portal Web Site is comprised of various Web pages hosted by
Vancouver Port Authority.
The Pacific Gateway Portal Web Site is offered to you conditional on your acceptance
without modification of the terms, conditions, and notices contained herein. Your
use of the Pacific Gateway Portal Web Site constitutes your agreement to all such
terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Vancouver Port Authority reserves the right to change the terms, conditions, and
notices under which the Pacific Gateway Portal Web Site is offered, including but
not limited to the charges associated with the use of the Pacific Gateway Portal
Web Site.
LINKS TO THIRD PARTY SITES
The Pacific Gateway Portal Web Site may contain links to other Web Sites (“Linked
Sites”). The Linked Sites are not under the control of Vancouver Port Authority
and Vancouver Port Authority is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes
or updates to a Linked Site. Vancouver Port Authority is not responsible for webcasting
or any other form of transmission received from any Linked Site. Pacific Gateway
Portal Web Site is providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by Vancouver Port Authority of the site or
any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Pacific Gateway Portal Web Site, you warrant to
Vancouver Port Authority that you will not use the Pacific Gateway Portal Web Site
for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Pacific Gateway Portal Web Site in any manner which could damage,
disable, overburden, or impair the Pacific Gateway Portal Web Site or interfere
with any other party’s use and enjoyment of the Pacific Gateway Portal Web Site.
You may not obtain or attempt to obtain any materials or information through any
means not intentionally made available or provided for through the Pacific Gateway
Portal Web Sites.
USE OF COMMUNICATION SERVICES
The Pacific Gateway Portal Web Site may contain bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, and/or other message
or communication facilities designed to enable you to communicate with the public
at large or with a group (collectively, “Communication Services”), you agree to
use the Communication Services only to post, send and receive messages and material
that are proper and related to the particular Communication Service. By way of example,
and not as a limitation, you agree that when using a Communication Service, you
will not:
- Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic,
name, material or information.
- Upload files that contain software or other material
protected by intellectual property laws (or by rights of privacy of publicity) unless
you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files,
or any other similar software or programs that may damage the operation of another’s
computer.
- Advertise or offer to sell or buy any goods or services
for any business purpose, unless such Communication Service specifically allows
such messages.
- Conduct or forward surveys, contests, pyramid schemes
or chain letters.
- Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be legally distributed
in such manner.
- Falsify or delete any author attributions, legal or
other proper notices or proprietary designations or labels of the origin or source
of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying
the Communication Services.
- Violate any code of conduct or other guidelines which
may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others,
including e-mail addresses, without their consent.
- Violate any applicable
laws or regulations.
Vancouver Port Authority has no obligation to monitor
the Communication Services. However, Vancouver Port Authority reserves the right
to review materials posted to a Communication Service and to remove any materials
in its sole discretion. Vancouver Port Authority reserves the right to terminate
your access to any or all of the Communication Services at any time without notice
for any reason whatsoever.
Vancouver Port Authority reserves the right at all times
to disclose any information as necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in Vancouver Port Authority’s sole
discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication Service. Vancouver
Port Authority does not control or endorse the content, messages or information
found in any Communication Service and, therefore, Vancouver Port Authority specifically
disclaims any liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Service. Managers and hosts
are not authorized Vancouver Port Authority spokespersons, and their views do not
necessarily reflect those of Vancouver Port Authority.
Materials uploaded to a Communication Service may be subject
to posted limitations on usage, reproduction and/or dissemination. You are responsible
for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO
Vancouver Port Authority
Vancouver Port Authority does not claim ownership of the
materials you provide to Vancouver Port Authority or Pacific Gateway Portal (including
feedback and suggestions) or post, upload, input or submit to any Pacific Gateway
Portal Web Site or its associated services (collectively “Submissions”). However,
by posting, uploading, inputting, providing or submitting your Submission you are
granting Vancouver Port Authority, its affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat your
Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of
your Submission, as provided herein.Vancouver Port Authority is under no obligation
to post or use any Submission you may provide and may remove any Submission at any
time in Vancouver Port Authority’s sole discretion.
By posting, uploading, inputting, providing or submitting
your Submission you warrant and represent that you own or otherwise control all
of the rights to your Submission as described in this section including, without
limitation, all the rights necessary for you to provide, post, upload, input or
submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE Pacific Gateway Portal WEB SITE MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
Vancouver Port Authority AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE Pacific Gateway Portal WEB SITE AT ANY TIME.
Other than for the purposes of the Request for Proposal for Loan Financing issued
by the Vancouver Port Authority issued on October 10, 2007 (the “RFP”), ADVICE RECEIVED
VIA THE Pacific Gateway Portal WEB SITE SHOULD NOT BE RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Other than for the purposes of the RFP, THE Vancouver Port Authority AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED
ON THE Pacific Gateway Portal WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Vancouver
Port Authority AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL Vancouver Port Authority AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Pacific Gateway
Portal WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Pacific Gateway Portal WEB
SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE Pacific Gateway Portal WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
Pacific Gateway Portal WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF Vancouver Port Authority OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF THE Pacific Gateway Portal WEB SITE, OR WITH ANY OF THESE TERMS OF
USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Pacific Gateway
Portal WEB SITE.
SERVICE CONTACT :
help_desk@portvancouver.com
TERMINATION/ACCESS RESTRICTION
Vancouver Port Authority reserves the right, in its sole
discretion, to terminate your access to the Pacific Gateway Portal Web Site and
the related services or any portion thereof at any time, without notice. GENERAL
To the maximum extent permitted by law, this agreement is governed by the laws of
the Province of British Columbia and Canada. and you hereby consent to the exclusive
jurisdiction and venue of courts in Vancouver, British Columbia, Canada in all disputes
arising out of or relating to the use of the Pacific Gateway Portal Web Site. Use
of the Pacific Gateway Portal Web Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and Vancouver Port Authority
as a result of this agreement or use of the Pacific Gateway Portal Web Site. Vancouver
Port Authority’s performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of Vancouver Port
Authority’s right to comply with governmental, court and law enforcement requests
or requirements relating to your use of the Pacific Gateway Portal Web Site or information
provided to or gathered by Vancouver Port Authority with respect to such use. If
any part of this agreement is determined to be invalid or unenforceable pursuant
to applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the agreement shall continue
in effect. Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and Vancouver Port Authority with respect to the Pacific
Gateway Portal Web Site and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the user and Vancouver
Port Authority with respect to the Pacific Gateway Portal Web Site. A printed version
of this agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this agreement
to the same extent an d subject to the same conditions as other business documents
and records originally generated and maintained in printed form. It is the express
wish to the parties that this agreement and all related documents be drawn up in
English.
COPYRIGHT AND TRADEMARK
NOTICES:
All contents of the Pacific Gateway Portal Web Site are:
Copyright © 2007 Vancouver Port Authority and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein
may be the trademarks of their respective owners.
The example companies, organizations, products, people
and events depicted herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.