Terms of Use

Limitation of Liability

THE SITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WCL DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT EITHER THE SITE OR THE SERVER THAT MAKES IT AVAILABLE TO YOU IS FREE OF VIRUSES, DISABLING DEVICES OR OTHER HARMFUL COMPONENTS. WCL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT WCL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION RELATED TO ANY DAMAGE, HARM, INJURY OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THE SITE AND/OR ITS CONTENTS.

Under no circumstances, including but not limited to, negligence by act or omission, shall WCL or any party involved in creating, producing, or delivering the Site, be liable for any direct, incidental, consequential, indirect or punitive damages that result from the use of, or the inability to use, the materials on the Site, even if WCL or a representative authorized by WCL has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event, however, shall WCL’s total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Site.

 

Links to Third Party Web Sites

If you use any links provided in the site to Web sites not owned, maintained or hosted by WCL (“off-sites”), you will leave the site. WCL is not responsible for any off-site’s privacy policies or terms of use. No judgment or warranty is made with respect to the accuracy, completeness, timeliness or suitability of the contents of any off-sites, and WCL takes no responsibility for such sites. A link to a service or Web site outside of the Site is not an endorsement of the service or the Web site, its contents, or its sponsoring organization.

 

Use of the Site

The Site is owned and operated by WCL. No materials found on the Site or any other site owned, operated or licensed by WCL may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may access material on the Site for non-commercial, personal use only, provided that you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost or use the contents of the Site for public or commercial purposes, including the text, images, audio or video, without WCL’s prior written permission. WCL neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with WCL. By using the Site, you accept at your own risk that the Internet and online communications medium may not perform as intended.

 

Jurisdictional Issues

Your use of this Site, and its Terms of Use and the Privacy Policy, shall be construed and controlled by the laws of the State of California. Further, any dispute arising from your use of this Site, or its Terms of Use or Privacy Policy, or a breach thereof, shall be governed by the laws of the State of California. By accessing this Site, you agree to personal jurisdiction by the state and federal courts sitting in the State of California, County of San Francisco.

 

Trademarks, Service Marks and Copyrights

The WCL logo is a federally registered trademark of Waterfront Container Leasing Co., Inc. Unless otherwise specifically noted, images, trademarks, service marks, logos and icons displayed on the Site are the property of WCL and may not be used without WCL’s prior written consent. Any unauthorized use of the images may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes.