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Terms of Use and Privacy Policy

TERMS OF USE

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

PRIVACY POLICY

This Privacy Policy applies to the Port of Oakland websites ("Port of Oakland," "we," "our," or "us"). We respect your privacy and are committed to protecting it. We provide this privacy policy (“Privacy Policy”) to help you ("you," "your," or "User") understand how we collect, use, protect, and disclose information and data when you use the Port of Oakland websites (the "Website"). This Privacy Policy also explains how you can manage the use of certain information we collect. By accessing, browsing, or otherwise using the Website, you agree to be bound by this Privacy Policy.

Information We Collect About You and How We Collect It

We collect different types of information from and about Users of the Website, including information by which you may be personally identified ("Personal Information"). For example, certain features of the Website may offer you the option of registering an account, and we collect Personal Information from Users that choose to create an account on the Website, such as the User's email address. If you create an account using your credentials from a third-party social media site, we will have access to certain information from that site, such as your name, profile, and account information, in accordance with the authorization procedures determined by such third-party social media site. We additionally collect other information that Users volunteer, such as through contact forms and surveys, including the User's name, email address, home phone number, cellular phone number, address, employer name, driver's license number, and birth date, as well as the name, phone number, address, and email address of your job references.

We also collect information that is about you but individually does not identify you, such as which webpages you access or visit, the length of time you spend on the Website, and your IP address, operating system, and browser.

Cookies and Anonymous Identifiers

We use cookies, which is a small text file placed on the hard drive of your computer to identify your computer and web browser, and to analyze and improve the Website. For example, we use cookies to record information regarding your use of the Website, such as what pages you access or visit.

The Website uses Google Analytics, a third party that collects and processes data. Information about how Google Analytics collects and processes data can be found here: www.google.com/policies/privacy/partners/.

How We Use the Information We Collect

We use the information we collect, including Personal Information, to improve the content of the Website and to send information to Users that opt into our newsletter or email mailing lists.

Additionally, we disclose the information we collect, including Personal Information, when required to do so by law, or in response to a subpoena or court order, or when we believe in our sole discretion that disclosure is necessary to protect our property or rights, or those of third parties.

If Port of Oakland is merged, acquired, or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Personal Information in connection with such transaction. Other than to the extent ordered by a court, the use and disclosure of all transferred Personal Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and are given an opportunity to opt out of it. Personal Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by the successor organization.

Opt Out Options

If you wish to opt out of receiving emails from us, you can unsubscribe via an unsubscribe option located in our emails. If you wish to stop receiving direct mail related to the Airport, please contact Aviation Marketing and Communications by calling them at (510) 563-3300 or sending a letter to 1 Airport Drive, Oakland, CA 94621.

Security

The security of your Personal Information is important to us. We have security measures in place in our facilities to protect against the loss, misuse, or alteration of information that we have collected from you through the Website. However, please be aware that no data transmission over the Internet or other network can be guaranteed to be completely secure and, as such, we do not guarantee the security of any information you transmit on or through the Website. You transmit information through the Website at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Do Not Track

Some web browsers have “Do Not Track” or similar features that allow you to tell each website you visit that you do not want your activities on that website tracked. At present, we do not respond to “Do Not Track” signals and consequently, we will continue to collect information about you even if your browser’s “Do Not Track” feature is activated.

Children

The Website is not intended for, and we do not knowingly collect Personal Information from, children under 13 years of age. If you are under 13, do not use or provide any information on the Website or on or through any of its features, register on the Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any student identification number. If we become aware that a child under 13 has provided us with personal information without parental consent, we will take steps to remove such information and terminate the child's account

Changes to Our Privacy Policy

We may change or update this Privacy Policy, 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 Privacy Policy. If the changes are significant, we may provide more prominent notice or get your consent as required by law.

Inquiries

If you have any questions about this Privacy Policy, please contact us at (510) 627-1100 (telephone) or by mail at: 530 Water Street, Oakland, CA 94607.

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