Privacy Policy

READ THIS PRIVACY POLICY CAREFULLY BEFORE USING METRO CRUISE SERVICES’ WEBSITES

METRO CRUISE’ COMMITMENT TO PRIVACY. The Metro Cruise affiliated companies including Metropolitan Stevedore Company, Metro Ports LLC, Southeast Maritime Services Inc., Suderman Contracting Stevedores Inc., Southeast Crescent Shipping Company, Pacific Warehouse Company, Pacific Cruise Ship Terminals LLC, TSS LLC, and Metro Shore Services LLC (collectively, “Metro Cruise” or “we”) respect and are committed to protecting the privacy rights of our customers, visitors, and other users of Metro Cruises’ websites (collectively, the “Sites”). This Privacy Policy (“Policy”) explains (1) the types of information we gather from visitors to the Sites and (2) what we do with the information we collect. By accessing, using, or otherwise interacting with the Sites, you agree to be bound by the terms and conditions of this Policy.

YOUR CALIFORNIA PRIVACY RIGHTS. California customers have a right to obtain a list of all personal information that Metro Cruise may have disclosed to related companies for marketing purposes or to unaffiliated third parties for their own marketing purposes. Metro Cruise may share personal information between its affiliates and agents for its own marketing purposes, but Metro Cruise does not disclose customers’ personal information to third parties for the third parties’ direct marketing purposes, as governed by California Civil Code § 1798.83. A California customer may contact Metro Cruise and request the general list of information shared and the companies among which it is shared. This request may be made by contacting us at 310.816.6500, e-mailing us at info@metrocruiseservices.com,

INFORMATION WE COLLECT ABOUT YOU. We collect 2 general categories of information about users of our Sites. When you visit or browse our Sites, you may provide us with personal information that can be directly associated with a specific person or entity, or website user information regarding a group or category of services or customers.

Personal Information. When you visit or browse our Sites, you may provide us with personal identifying information that can be directly associated with a specific person or entity. As a general matter you can visit the Sites without revealing personal information, but we may collect personal information you give us when you contact us by e-mail or respond to surveys. For example, we may collect your:

  • Name
  • E-Mail address, content of email messages, and responses
  • Mailing address
  • Port location
  • Website and other social media information
  • Sex, age range, highest education completed, ethnicity, occupation, household yearly income range

Website Information. Our web servers automatically receive certain types of website user information when you use our Sites, for example, your domain name and IP address(es), date and time of visits, the type of browser you use, the website from which your visit originated, page visits, time spent on web pages, and other similar website “traffic data”. Such information may be integrated into customer relationship management programs so our sales and marketing personnel can identify areas of possible interest for prospective or current customers. No personal information about you will be revealed in this process. We do not set any personally identifiable information in cookies. We only use cookies to collect website user information so that we can determine how to improve our Sites and complete transactions you request. You can generally choose whether to accept cookies by changing the settings on your website browser. However, if you choose to disable this function, your browsing experience at our Sites may be eliminated while some features may not work as they were intended.

USE AND SHARING OF PERSONAL AND WEBSITE INFORMATION. All data collected, including personally identifiable information, will only be used for the purpose in which it was provided. Metro Cruise does not publish, share, trade, sell or disseminate any of the registered information or provided to us through the Sites, but may use such information as indicated below.

Use of Personal Information. We may use your personal information to verify your identity, check your qualifications for services, to follow up with transactions initiated on the Sites, track your use of the Sites, provide you with targeted advertising, promotions and special offers, or communication with you. We may also use your contact information to send you additional information about Metro Cruise. If at any time you do not wish to receive these communications, please let us know (see contact information below). When we use other agents, contractors, or companies to perform services on our behalf, we advise them that they are to protect your confidential information, and not disclose such information except in limited circumstances.

Use of Website Information. We use aggregate information to analyze our Sites’ traffic, but we do not examine this information for individually identifying information. We may use anonymous IP addresses to help diagnose problems with our server, administer our site, or display website content according to your preferences.

Use of Information in Surveys. At times we conduct on-line surveys to better understand our Sites’ visitors’ needs. Participation in the surveys is optional. Information gathered is used by Metro Cruise to improve marketing efforts. Data gathered may also be used to send information and promotional material about Metro Cruise and new applications to be launched on the Site.

Use of Information in Business Transfers. Information about our users, including personal information, may be disclosed as part of any merger, acquisition, sale of company assets, or transition of service to another provider, as well as in the unlikely event of an insolvency, bankruptcy, or receivership in which personal information would be transferred as one of the business assets of the company.

Use of Information to Protect Metro Cruise and Others. We will disclose personal information only if required to do so by law or in good-faith belief that we need to do so to (1) conform or adhere to legal requirements, (2) protect and defend the rights or property of Metro Cruise or users of the Sites, or (3) act in case of emergency to protect the safety of the public or users of the Sites.

Children’s online privacy protection act. Our Sites are general audience websites, and we do not direct any of our content specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we make available services online where a child informs us that he or she is under the age of 13, or we otherwise learn or have reason to suspect that a Sites’ user is under 13, we will ask a parent to confirm his/her consent in advance of further collection, use or disclosure of personal information from that child. At any time, parents may review the personal information collected, ask to have it deleted, and refuse to allow any further collection or use of the child’s information.

NETWORK AND INFORMATION Security. We maintain a variety of physical, electronic, and procedural safeguards to prevent the loss, misuse, and alteration of the information that we obtain from you, but we cannot guarantee our ability to prevent loss, misuse, or alteration.

PLACEMENT OF ADVERTISING ON OTHER WEBSITES
Metro Cruise may place advertisements for its services on other websites, or use third-party ad companies to place advertisements about our services on other websites. These companies may use cookies and other technology to measure the effectiveness of our advertisements. To measure advertising effectiveness and offer selective ad content, the ad serving companies may use anonymous information about your visits to our and other websites. However, the ad serving companies use an anonymous number to identify you — not your name, address, phone number, email address, or anything that personally identifies you. The use of such cookies is subject to the ad serving company’s privacy policy, not this Policy.

THIRD PARTY WEBSITE AREAS BEYOND METRO PORTS’ CONTROL. The Sites may contain links to other websites. If you choose to visit other websites, our Policy does not follow you there or apply. We are not responsible for the privacy practices or content of other websites, and it is your responsibility to review the privacy policies of other websites to ensure that you agree with their policies.

UPDATING THIS Policy. Metro Cruise may revise, amend, or modify this Policy from time to time. Notice of any revision, amendment, or modification will be posted on the Sites and/or by email and will be effective on the date noted in the posting. This Policy may not be amended or modified except by means of a written document signed by you and an authorized representative of Metro Cruise. By continuing to use our services after the amendments are effective, you accept and agree to abide by them.

Contacting Us. If you have any questions, comments or complaints concerning this Policy, please contact us at 310.816.6500, e-mailing us at webmaster@metrocruiseservices.com.

TERMS AND CONDITIONS

USER OBLIGATIONS. By downloading, accessing, or using the Site in order to view our information and materials or submit information of any kind, you represent that you are at least eighteen (18) years of age (or the age of majority in your state of residence). You agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of the Site. You also acknowledge and agree that use of the Internet and access to the Site is solely at your own risk. 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 should also understand that the confidentiality of any communication or material transmitted to/from a Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Metro is not responsible for the security of any information transmitted to or from the Site. Metro reserves the right to prohibit or terminate use of or access to the Site at any time, without notice, for any reason whatsoever.

LICENSE GRANT. This TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Site conditioned on your continued compliance with the terms and conditions of this TOU. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.

RESTRICTIONS. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use any article or other content on the Site in any manner not expressly permitted herein. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of the Site, including, without limitation, the account of another User(s), or any other systems or networks connected to the Site or to any Metro server or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other User of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or the Company’s systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person’s use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Metro on or through the Site, or (viii) use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Metro. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY METRO TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

PROPRIETARY RIGHTS. This TOU provides only a limited license to access and use the Site. Accordingly, you expressly acknowledge and agree that Metro transfers no ownership or intellectual property interest to or title in the Site to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by Metro and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Metro does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. The Site is Copyright © 2017 Metro Cruise or its affiliates or subsidiaries. All rights reserved. Metro also owns a copyright in the contents of the Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site. Any downloadable or printable programs, directories, databases, information, or materials available through the Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by Metro. All names, logos, and icons identifying Metro and its programs, products, and services are proprietary trademarks of Metro, and any use of such marks, including, without limitation, as domain names, without the express written permission of Metro is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.

ON-LINE-PURCHASES; SPECIFIC PROGRAMS; OTHER TERMS AND CONDITIONS. Additional notices, terms and conditions may apply to the purchase of products, receipt of services, User registration with the Site, and/or to other specific portions or features of the Site, all of which are made a part of this TOU by this reference. You agree to abide by all such other notices, terms and conditions. If there is a conflict between this TOU and the terms posted for or applicable to a specific portion of the Site, including any restricted areas offering on-line access to Metro’s programs, tools, or services, the latter terms shall control with respect to your use of that portion of the Site. Metro’s obligations, if any, with respect to its services, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on the Site should be construed to alter such terms, conditions, notices and agreements. Metro makes no warrants or representations whatsoever regarding any other web site that you may access through the Site.

PRIVACY POLICY. Please review our online Privacy Policy at www.metrocruiseservices.com, incorporated herein by reference, for information about our collection and use practices with respect to information Metro collects about you when you use the Site.

DISCLAIMER. WHILE METRO ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE, AND RELIABLE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE, THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, METRO MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE SITE OR IN THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON THE SITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE ON THE SITE. METRO MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE ON THE SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. METRO ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION.

LIMITATION OF LIABILITY. You expressly absolve and release Metro and its affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors and assigns from any claim of harm resulting from a cause beyond Metro’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL METRO BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE SITE, OR OTHERWISE ARISING OUT OF UTILIZATION OF THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF METRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 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. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF METRO FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO METRO IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.

INDEMNITY. You agree to defend, indemnify, and hold harmless Metro and its affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of this TOU.

GOVERNING LAW. This TOU makes up the entire agreement between Metro and you relating to the Site and replaces any prior understandings or agreements (whether oral or written) regarding the Site. The laws of the state of California, without regard to its conflict of law principles, will govern this TOU.

UPDATES. Metro may at any time revise this TOU by updating this posting. By using this web site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.