Terms of Service
Effective date: January 15, 2021
The American Association of Port Authorities (“AAPA”, "us", "we", or "our") owns the American Association of Port Authorities Clouder App (the “App” or "Service").
This Terms of Use and License Agreement (“Agreement”) for American Association of Port Authorities Clouder App (“App”) is a binding agreement between you (“You”) and us. This Agreement governs your use of the App. This App is licensed, not sold, to you.
BY USING THE APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APP AND DELETE IT FROM YOUR MOBILE DEVICE.
License Grant
Subject to the terms of this Agreement, AAPA hereby grants you a limited, revocable, non-exclusive, and nontransferable license to download, install, and use the App for your personal, non-commercial use on a single device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with this Agreement.
License Restrictions
You shall not:
copy the App, except as expressly permitted by this license;
modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App;
reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof;
rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time; or
remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App.
Reservation of Rights
You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. AAPA and its licensors reserve and shall retain their respective right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto. AAPA reserves the right to modify, update or discontinue the App at its sole discretion, at any time, for any or no reason.
Updates to this Agreement
We may provide you with notices, including those regarding changes to this Agreement by notifications through the App or email (if any provided). The Effective Date of this Agreement is listed at the top. You may view this Agreement at any time as posted on a page within the App. Your continued access or use of the App after the Effective Date of a revised Agreement or click-through acceptance of its terms in the App, shall represent your acceptance of the terms of the revised Agreement.
Geographic Restrictions
The App’s content and services are based in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the content and services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the content and services from outside the United States, you are responsible for compliance with local laws.
Third-Party Materials
The App may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that AAPA is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. AAPA does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Term and Termination
The term of Agreement commences when you install the App and will continue in effect until terminated by you or by AAPA as set forth below.
You may terminate this Agreement by deleting the App and all copies thereof from your Mobile Device.
AAPA may terminate this Agreement at any time without notice if it ceases to support the App, which AAPAmay do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
Upon termination:
all rights granted to you under this Agreement will also terminate; and
you must cease all use of the App on and delete all copies of the App from your Mobile Device.
Termination will not limit any of AAPA’s rights or remedies at law or in equity.
DISCLAIMER OF WARRANTIES
THE APP IS PROVIDED “AS IS" AND “AS AVAILABLE”. AAPA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. AAPA MAKES NO WARRANTY OF ANY KIND THAT THE APP, NOR ANY CONTENT, SERVICE OR THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, DEVICE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AAPA, NOR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES OF AAPA OR ANY OF ITS RESPECTIVE LICENSORS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR THE CONTENT AND SERVICES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER OR MOBILE DEVICE FAILURE OR MALFUNCTION, OR ANY OTHER DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR AAPA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend, and hold harmless AAPA, its subsidiaries and their respective Commissioners, directors, officers, employees, agents, or representatives and their successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the App or your breach of this Agreement.
Modification to Terms
AAPA reserves the right to modify this Agreement. It is your responsibility to review this Agreement each time you download the App.
Severability
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
Waiver
No failure to exercise, and no delay in exercising, on the part of AAPA of any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
Entire Agreement; Governing Law
This Agreement and the App’s Privacy Statement constitute the entire agreement between You and AAPA with respect to your use of the App and shall be governed by the laws of the State of Virginia. Any legal suit, action, or proceeding arising out of or related to this Agreement or the App shall be instituted in the state or federal courts located in the state of Virginia.
Privacy Policy
Effective date: January 15, 2021
This Privacy Policy for American Association of Port Authorities Clouder App (“Service” or “App”) is a binding agreement between you (“You”) and us.
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.
We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.
IF YOU DO NOT AGREE WITH OUR POLICIES AND PRACTICES, DO NOT DOWNLOAD, REGISTER WITH, OR USE THIS APP OR, IF INSTALLED, DELETE THE APP FROM YOUR DEVICE. BY DOWNLOADING, REGISTERING WITH, OR USING THIS APP, YOU AGREE TO THESE TERMS OF SERVICE PRIVACY POLICY.
Information Collection And Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
Usage Data
We may collect information when you access the Service by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
Use of Data
We use the collected data for various purposes:
Transfer Of Data
We do not share your personal information with anyone except as required by law, AAPA policy, or as necessary to conduct the business of AAPA to improve our services. Your personal information may be shared with the following:
Employees, contractors and agents of AAPA, pursuant to AAPA policies and procedures;
Governmental agencies for public safety, law enforcement or regulatory and/or investigatory purposes;
Or other similarly-situated individuals or entities.
Disclosure Of Data
Legal Requirements
AAPA may disclose your Personal Data in the good faith belief that such action is necessary to:
Service Providers
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform related services or to assist us in analyzing how our Service is used. These third parties have access to your Personal Data so that we can provide our service. We do not generate any revenue by allowing third-parties to handle your Personal Data.
Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.
Links To Other Sites
Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Children's Privacy
Our Service does not address anyone under the age of 18 ("Children"). We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
Changes To This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
