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Acceptance of Contract Terms | International Users | Use
Restrictions | Intellectual Property | Web Links | Notification Of Copyright Infringement |
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of Liability | Errors | Linked Web Sites
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Acceptance of Contract Terms
The
following are terms of a legal agreement between you and APL Limited, American President
Lines, Limited and APL Co. Pte Ltd. (collectively "APL"). By accessing, browsing and/or
using this site ("Site"), you acknowledge that you have read, understood, and agree, to
be bound by these terms and to comply with all applicable laws and regulations, including
U.S. export and re-export control laws and regulations. If you do not agree to these terms,
do not use this Site. APL reserves the right to change these Terms of Use and other guidelines
or rules posted on the Site at its sole discretion. You should periodically check the Terms
of Use and Privacy Policy posted on this Site to review the current terms and guidelines
applicable to your use. Your continued use of the Site after such revisions constitutes
your acceptance of these revisions. The material provided on this Site , including without
limitation and copyrights, trademarks, trade names belonging to APL, is protected by law,
including, but not limited to, United States Copyright Law and international treaties.
International
Users
This
Site can be accessed from countries around the world and may contain references to APL’s
products, services, and programs that are not available in your country. These references
do not imply that APL intends to announce such products, services, or programs in your
country. This Site is controlled and operated by APL from its offices within the United
States. APL makes no representation that materials in the Site are appropriate or available
for use in other locations, and access to them from territories where their contents are
illegal is prohibited. Those who choose to access this Site from other locations do so
on their own initiative and are responsible for compliance with applicable local laws.
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Use
Restrictions
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair any APL server, or the network(s) connected to any APL server, or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to any services, accounts, systems or networks connected through hacking, password mining or any other means.
Without limitation, you agree that when using the Site, you will not:
- Use the Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- 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, obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise use or make available, materials or files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws unless you own or control the rights thereto or have received all necessary consent to do the same.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Use or access the Site with automated inquiry devices, robots, or repetitive data gathering and extraction tools, routines, scripts or other similar mechanisms
- Use or access the Site in any way that, in APL's judgment, adversely affects the performance or function of the Site or APL's services or interferes with the ability of other authorized users to access and use the Site or APL's services.
APL has no obligation to monitor the Site; however APL reserves the right to do so and prohibit or deny use or access at its sole discretion. APL reserves the right to terminate your access to any or all of the Site at any time, without notice, for any reason whatsoever.
Intellectual Property
The copyright in all material provided on this Site is held by APL or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of APL or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Web Links
You may place a plain format text link to the Site on your Web site if the text link is not a prominent feature on your site or used in any way to confuse or mislead customers. Linking to any page of the Site other than the home page, www.apl.com, is strictly prohibited in the absence of a separate linking or license agreement with APL. To inquire about such an agreement, you may send a request to marketing_communications@apl.com . Any Web site or other device that links to www.apl.com is prohibited from (a) replicating or mirroring content of this Site, (b) implying in any fashion that APL or any of its affiliates are endorsing the Web site, its products, services or contents, (c) presenting false information about APL, the Site or APL's products or services, (d) framing or utilizing framing techniques to enclose any portion or aspect of the content of the Site without the express written consent of APL; or (e) using any logo, trade or service mark, trade or service name or copyright of APL or its affiliates without express written consent from APL.
Notification
of Copyright Infringement
APL
respects the intellectual property of others, and we ask our users to do the same. If you
believe that your work has been copied in a way that constitutes copyright infringement,
please provide APL’s Designated Agent the following information in writing:
- A signature of a person authorized to act on behalf of the owner of the copyright interest
that is allegedly infringed;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your
Notice is accurate and that you are the copyright owner or authorized to act on the copyright
owner’s behalf.
APL’s Designated Agent for Notice of claims of copyright infringement:
Timothy Windle
1111 Broadway
Oakland, CA 94607
Telephone: 510-2728715
Fax: 510-272-8932
Email: Timothy_Windle@apl.com
Under
the appropriate circumstances, it is APL’s policy to remove and/or to disable access from
APL to Web pages of repeat infringers, to terminate subscribers and account holders who
are repeat infringers, and to remove and/or to disable access from APL to Web pages as
to which there have been steps taken for the purpose of affecting APL’s search results
such as adding inappropriate “meta-tags.”
THE DESIGNATED
AGENT SHOULD BE CONTACTED ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN
A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS
SITE OR ON SITES LINKED TO FROM THIS SITE.
Personal Information And Privacy
To learn
about how APL protects your personal information, such as your name and address, refer
to APL’s Privacy Policy. Except as set forth in
the Privacy Policy or in the Terms of Use, your personal information will be deemed to
be confidential. Any non-personal information or material sent to APL will generally be
deemed to NOT be confidential. You understand and agree that we may disclose information
about you if we have a good faith belief that we are required to do so by law or legal
process, to respond to claims, or to protect the rights, property, or safety of APL or
others, or as stated in our Privacy Policy.
Updating
Your Personal Information
You have
the right to access and correct your personal information and privacy preferences at any
time. This may be accomplished by utilizing the “My Profile” page on HomePort or by sending
an email to homeport@apl.com
Use
And Protection Of Account Number And Password
You are
responsible for maintaining the confidentiality of any account number, account name, user
id and/or password, if applicable for the Services you utilize through the Site. You are
responsible for damages resulting from all uses of your account number, account name, user
id and/or password, whether actually or expressly authorized by you, unless access to your
account number, account name, user id and/or password was obtained through no fault or
negligence of your own.
WARRANTIES
AND DISCLAIMERS
EXCEPT
AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND APL OR YOU AND A
THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS
AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
Limitation
of Liability
In no events
will APL, its related partnerships, affiliates, corporations, agents or representatives
be liable for any decision made or action taken in reliance on the information on this
Site or for any direct, indirect, incidental, consequential, special, punitive or other
damages whatsoever, including, but not limited to, liability for business interruption
or loss of data or profits arising out of access to or use of this Site, even if APL is
expressly advised on the possibility of such damages. APL assumes no responsibility, and
shall not be liable for any damages to or viruses that may infect your computer equipment
or other property on account of your access to or use of or browsing of the Site or your
downloading of any material, data, text, images, video or audio from the Site. Furthermore,
APL assumes no responsibility, and shall not be liable for any damages whatsoever due to
any third party’s unjustified access to the Web site, passwords or data or information
in the Site.
Errors
While APL
has made every attempt to ensure that the information contained in this Site is accurate
and up to date, the Site could include technical or other mistakes, inaccuracies or typographical
errors. APL is not responsible or liable for any errors, inaccuracies or omissions or from
the results obtained from the use of this information. APL may make changes to the materials
and services at this Site at any time without notice.
Linked
Web Sites
APL makes
no warrants or representations whatsoever regarding any other Web site which you may access
through this Site. When you access a non-APL Web site, please understand that it is independent
from APL and that APL has no control over the content of that Web site. In addition, a
link to a non-APL Web site does not mean that APL endorses or accepts any responsibility
for the content or the use of such Web site. It is up to you to take precautions to ensure
that whatever you select for your use is free of viruses and other items of destructive
nature.
Law
and Venue
This Site
(excluding linked sites) is controlled by APL from its offices within the state of California,
United States of America. By accessing this Site, you and APL agree that all matters relating
to your access to, or use of, this Site shall be governed by the statutes and laws of the
State of California, without regard to the conflicts of laws principles thereof. You and
APL also agree and hereby submit to the exclusive personal jurisdiction and venue of the
Superior Court of Alameda County and the United States District Court for the Northern
District of California with respect to such matters.
Language
It is the
express wish of the parties that the Terms of Use and all related documents have been drawn
up in English. C'est la volonté expresse des parties que la présente convention ainsi que
les documents qui s'y rattachent soient rédigés en anglais.
General
The Terms
of Use and other rules, guidelines, licenses, and disclaimers posted on the Site constitute
the entire agreement between APL and you with respect to your use of the Site. If for any
reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion
thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible
so as to effect the intent of the parties as reflected by that provision, and the remainder
of the Terms of Use shall continue in full force and effect. Any failure by APL to enforce
or exercise any provision of the Terms of Use or related right shall not constitute a waiver
of that right or provision. The section titles used in the Terms of Use are purely for
convenience and carry with them no legal or contractual effect.
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