eModal Agreement (Terms of Service)

Welcome to eModal's web site (the "Site"). Below are the terms and conditions generally applicable to your access or use of any portion of the Site (the "Site Terms").

Registration requires two parties - an Administrator and a Co-Administrator. The Co-Administrator will be assigned the same administrative rights as the Administrator. Complete Co-Administrator information must be included in this registration. eModal will send a separate login to the Co-Administrator. If this is understood and you agree with this entire agreement, click on the "I Agree" button to continue registration.

On each occasion that you access or use any portion of eModal's web site (the "Site"), you agree to be bound by all of the Site Terms, including any amendments or modifications to any of the Site Terms in effect at the time of your access or use. You understand that your right to use or access the Site is derived solely from, and is expressly limited by, the Site Terms. eModal reserves the right to amend or modify any of the Site Terms from time to time. You should review all of the Site Terms upon each access or use of the Site because any changes will be binding on you.

IF YOU DO NOT AGREE WITH ALL OF THE SITE TERMS,
DO NOT ACCESS OR USE ANY OF THE SITE.

1. SITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS

The Site contains information, communications, software, photos, text, video, graphics, music, sounds, images, and other material and services (the “Content”) which are or may contain proprietary information owned, controlled or licensed by or to eModal. The Site and its Contents are furnished to you by eModal and are intended for your personal and lawful use in conformity with the Site Terms. All rights, title and interests are exclusively reserved to eModal.

You acknowledge and agree that the Contents are protected by copyright, trademark and other intellectual property laws, that these rights are valid and protected in all media now existing or later developed, and that your access or use of any Content shall be governed and constrained by applicable copyright, trademark and other intellectual property laws. Further, you shall abide by all additional copyright or other notices, information or restrictions appearing in conjunction with any Content accessed on or through the Site.

The Site and its Content are protected by copyright as a collective work and/or compilation pursuant to United States copyright laws, international conventions and other copyright laws. Except as expressly set forth in the Site Terms, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials or Site in whole or in part. You may download one copy of the Content (to which you have access) for your personal, noncommercial use only, but not for the purpose of or in connection with reproducing or posting the Content anywhere on the Internet or elsewhere, provided that you maintain all copyright and other notices contained in such Content. Except as permitted under the Site Terms, copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from eModal (or the copyright holder identified in the Content’s copyright or other proprietary notices). No download, copying or storing of any Content confers, conveys or otherwise transfers to you any ownership right, title or interest in or to any Content.

2. APPROPRIATE ACCESS OR USE

You shall not access or use any of the Site or Content for any purpose other than a lawful and legitimate purpose as intended by eModal. Examples of prohibited access or use of the Site or Content include, but are not limited to, access or use that may directly or indirectly: (i) manipulate or alter any transaction; (ii) unauthorized alteration of any materials, data or information provided by or to another user of the Site; (iii) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, contract or other personal or proprietary rights; (iv) introduce to the Site any unlawful, libelous, defamatory, untrue, malicious, fraudulent, harassing, pornographic or offensive material, or material irrelevant to the legitimate access or use of the Site; (v) constitute false or misleading indications of origin or statements of fact; (vi) harass, slander, libel or defame any person or entity; (vii) cause injury of any kind to any person or entity; (viii) result in the sale or purchase of stolen property, counterfeit items, contraband, controlled substances or any other material which may be unlawful; (ix) introduce to the Site any viruses, worms or other programming routines which may disrupt or interfere with the operation of the Site; (x) insert links to other Internet sites; (xi) promote any unlawful activity or purpose, including, without limitation, any activity that may result in criminal or civil liability; and/or (xii) violate any applicable laws, rules, regulations or other governmental regulations. You will take reasonable steps to ensure against the introduction of any virus, worms or other programming routines which may disrupt or interfere with the operation of the Site. You will be responsible for the accuracy and completeness of all materials, data and information you transmit through or place on the Site.

3. DISCLAIMERS AND WAIVERS

Access or use of any of the Site or its Content is voluntary and at your own risk. Reliance on the Site and its Contents should only be undertaken after independent review of its accuracy, completeness, efficacy and timeliness. Reference to any specific commercial product, content provider, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation or favoring by eModal.

eModal neither represents nor endorses the accuracy or reliability of any Content, material, advice, opinion, statement, data or other information displayed, uploaded or distributed on or through the Site by any person or entity. eModal assumes no responsibility for consequences resulting from the access or use of the information or services, or in any respect for the content of such information, including, without limitation, errors or omissions, the accuracy or reasonableness of assumptions or conclusions, the defamatory nature of statements, ownership of copyright or other intellectual property rights, and the violation of property, privacy or personal rights of others.

Difficulties with hardware, software and equipment and services supplied by others may result in service interruption or downtime. Further, it is possible that some or all of the Site or Content may be corrupted and unusable due to the presence of “bugs” in software, viruses or other causes beyond the reasonable control of eModal. In no event will eModal be liable to you or other persons for any claim, suit, demand, controversy, dispute, liability, loss, expense, costs and/or damage (collectively, “Claim”) that may result from any period of service interruption or downtime suffered by the Site.

In connection with each transaction and proposed transaction through access or use of any of the Site or any Site-related services, you acknowledge and agree that: (i) eModal has provided the Site to serve only as a medium to facilitate the initiation of a commercial transaction between or among parties other than eModal; (ii) each transaction and proposed transaction shall be directly between or among parties other than eModal; (iii) eModal is not and shall not be a party to any transaction; (iv) eModal does not purport to owe any fiduciary duty to any party or to have any special relationship with any party; (v) eModal may or may not be a manufacturer, distributor or seller of any goods or services in any transaction, therefore registered users do so with knowledge accordingly (vi) the parties (other than eModal) are responsible for determining and ensuring that all transactions comply with applicable law, including, without limitation, payment of applicable taxes; and (vii) eModal may or may not have control over any transaction, therefore, registered users agree that they will proceed under the assumption that eModal does not.

THE SITE AND ALL CONTENT PROVIDED BY eMODAL OR THIRD PARTIES ON OR THOUGH THE SITE ARE PROVIDED “AS-IS”. eMODAL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY OR REPRESENTATION, WHETHER ORAL, WRITTEN OR IN ELECTRONIC FORM, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OR USEFULNESS OF ANY OF THE SITE OR CONTENT.

eMODAL WILL USE THE SITE TO SEND PROMOTIONAL MESSAGES, USER INFORMATION, PRESS RELEASES, SERVICE UPDATES, TECHNICAL INFORMATION, OR ANY OTHER INFORMATION eMODAL DETERMINES FOR eMODAL OR THOSE eMODAL HAS DETERMINED SUCH MESSAGES CAN AND MAY BE SENT TO ANY AND ALL WHO HAVE AGREEED TO THESE TERMS. RECIPIENTS OF THE MESSAGES ARE NOT LIMITED TO THE ACCOUNT CoAdminISTRATOR BUT TO ANY AND ALL CoAdminISTRATOR ASSIGNED SUBUSERS.

IN NO EVENT SHALL eMODAL OR ANY OF ITS AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, OWNERS, MEMBERS, ATTORNEYS, CONSULTANTS, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, LICENSORS, LICENSEES OR INVESTORS, OR ANY OF THEIR AFFILIATES, BE LIABLE OR OTHERWISE RESPONSIBLE, INDEPENDENTLY, JOINTLY OR SEVERALLY, TO YOU OR ANY PERSON FOR ANY CLAIM, REGARDLESS OF THE NATURE OF THE CLAIM AND EVEN IF eMODAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, (I) FOR DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE AND/OR EXEMPLARY DAMAGE, (II) INCURRED IN CONNECTION WITH ACCESS OR USE OF ANY OF THE SITE OR CONTENT, OR (III) CAUSED BY, DUE TO OR RELATED TO ANY INTERRUPTION, DELETION OF FILES, ERROR, OMISSION, DEFECT AND/OR DELAY IN PERFORMANCE.

YOU HEREBY WAIVE ANY AND ALL CLAIMS AND RIGHTS TO BRING, AND EXPRESSLY AGREE NOT TO BRING, ANY SUCH CLAIM AGAINST eMODAL, OR ANY OF ITS MEMBERS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, INVESTORS, OR ANY OF THEIR AFFILIATES, IN CONNECTION WITH THE ACCESS OR USE OF ANY OF THE SITE OR CONTENT.

4. INDEMNIFICATION

You hereby shall indemnify, defend and hold harmless eModal and its affiliates, and their directors, officers, employees, owners, members, attorneys, consultants, agents, representatives, information providers, licensors, licensees and investors, and their affiliates (collectively, the “Indemnified Parties”), from and against any and all Claims (including, without limitation, reasonable attorneys’ fees and costs) arising out of any breach by you of any of the Site Terms or otherwise arising from your access or use of the Site or Content. You shall cooperate as fully as reasonably required in the defense of any Claim. eModal reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

5. LINKS AND OTHER SITES

The Site may contain links to other World Wide Web Internet sites, services or resources (the “Links”). eModal is not responsible for the availability, accurateness or completeness of any Link. eModal does not endorse and is not responsible or liable for any Content, product, service, resource, advertising or other materials on or available from or through any Link. eModal shall not be responsible or liable, directly or indirectly, for any Claim caused or alleged to be caused by or in connection with your access to, use of or reliance on any such Link. You should direct any concern regarding any Link to such Link’s CoAdministrator or Webmaster.

6. NO PRIVACY

NOTWITHSTANDING ANYTHING IN THE SITE TERMS TO THE CONTRARY, YOUR ACCESS AND USE OF THE SITE AND CONTENT ARE NOT PRIVATE OR CONFIDENTIAL. FURTHER, eMODAL RESERVES THE RIGHT TO MONITOR YOUR ACCESS AND USE OF THE SITE AND CONTENT.

7. OTHER PROVISIONS

No Waiver. eModal’s failure to exercise or enforce any of its rights shall not constitute a waiver of such right, unless such waiver is in writing and specifying the right being waived.

Severability. If one or more provisions of the Site Terms are held to be unenforceable under applicable law, such provision shall be excluded from the Site Terms and the balance of the Site Terms shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms.

Governing Law. The Site Terms have been made in and shall be construed and enforced in accordance with California law without giving effect to principles on conflicts of law. Any action in connection with the Site Terms, the Site or any Content involving eModal shall be brought in federal or state courts located in Los Angeles County, California, USA.

Entire Agreement. The Site Terms constitute the entire agreement between you and eModal. No modification of the Site Terms shall be enforceable against eModal unless such modification is in accordance with the Site Terms.

Notice. Notice or correspondence to you shall be via e-mail to the e-mail address contained in your most current registration form. Notice or correspondence to eModal must be sent via postal mail to its principal place of business located at:

2101 Business Center Drive
Suite 200
Irvine, CA 92612
USA

Modification. Any and all portions of the Site Terms may be modified, amended, changed, added, or removed at any time and from time to time at the sole discretion of eModal. Any such modification shall be effective immediately upon notice delivered to you via e-mail at the address provided in the registration form or by posting such modification on the Site. You should visit this Site from time to time to review the then-current Site Terms because the Site Terms (including any modifications to the Site Terms) are binding on you. By accessing and using the Site, you agree to become and remain knowledgeable with the Site Terms as they may exist from time to time. Certain provisions of the Site Terms may be superseded by expressly designated legal notices or terms located on particular pages at the Site. You shall have no right to modify or amend any of the Site Terms. If you do not agree with all of the Site Terms, as may be amended from time to time, your sole recourse is to cease access and use of the Site.

Restriction, Suspension and Termination. If eModal determines, in its sole discretion, that you are using or have used any portion of the Site or Content in a manner inconsistent with any of the Site Terms, eModal shall have the right to take appropriate action without prior notice to you, including, without limitation, the following: (i) removal of material; (ii) limit, restrict, suspend and/or terminate your access to and use of the Site or any portion of the Site; and (iii) seek any remedies available at law or in equity. You may terminate your registration, access or use of the Site and the Content at any time by providing written notice to eModal, which shall be deemed effectively given upon eModal’s receipt.
Click the "I Agree" button below to continue registration.
Company Information
Company Details
SCAC Code is required for various eModal applications. Repeated access to marine terminals in the Port of Baltimore requires a SCAC. Use of the eModal Box Trade™, the Virtual Container Yard (VCY) application, requires a SCAC. For more information about SCAC, please visit www.nmfta.org.
Enter MCP and/or USDOT
For the purpose of validating the SCAC you have entered, you will need to enter a value into either MCP or USDOT. You can enter in both values, if you know them.
MC 
Company Name & Address
Company Information (Continued)
Primary Business Phone
Primary Fax Phone
Administrator Information
Admin Phone
This is used in case you forget your password.
Co-Administrator Information
CoAdmin Phone
Calling Ports Administration
The Maryland Port Administration also requires viewing the Safety Video and reading the Terminal Rules for the users continued ability to enter and use Seagirt Marine Terminal.
Confirmation of
Viewing of Safety Video and Reading of Terminal Rules
  • View Terminal Rules
  • View Yard Orientation Video (Broadband)
  • View Yard Orientation Video (NarrowBand)

I acknowledge that I have viewed the safety video and read the terminal rules in order for my company to enroll as a user of Seagirt Marine Terminal and/or Maryland International Terminal, Dundalk Marine Terminal for ordinary business purposes. I also acknowledge that it is my sole responsibility to have each of my drivers view the safety video and read the terminal rules prior to their entering either terminal for the first time, and I commit to ensuring that each of them does so.

I understand that viewing the safety video and reading the terminal rules, and ensuring that each of my company's drivers does the same, is a requirement for my company's continued ability to enter and use Seagirt Marine Terminal and/or Maryland International Terminal, Dundalk Marine Terminal. I further understand that my failure to enforce this policy or any violation of the terminal rules by one or more of my drivers could result in immediate suspension or revocation of my company's right to enter Seagirt Marine Terminal and/or Maryland International Terminal, Dundalk Marine Terminal, the imposition of criminal charges, or both.

I also warrant that I am authorized to sign this Confirmation on behalf of my company and to bind my company to the terms contained herein.

I also warrant that I am authorized to sign this Confirmation on behalf of my company and to bind my company to the terms contained herein.
(If you decline, you may not gain access to the terminal.)
Note: You must be Manager of Dispatch or Operations or higher level position.

Greenwich Terminals LLC
Facility Safety and Security Regulations

Security Regulations
The purpose of these guidelines is to maintain a safe and secure environment while being compliant with the current State and federal regulations. The guidelines set forth apply to all parts of the Packer Avenue Marine Terminal (PAMT), 98 Annex (also referred to as the "PASHA Lot"), and Pier 96. In accordance with Greenwich Terminals (GRT) Facility Security Plan (FSP), State and Federal Laws, all persons entering the facility must comply with the guild lines set forth.

As outlined in GRT’s security plan all non security personnel entering the facility must have limited knowledge of provisions of the security plan as they apply to them, meaning and consequential requirements of the different Maritime Security (MARSEC) Levels, emergency response procedures, and recognition and detection of dangerous devices.

Maritime Security (MARSEC)
The United States Coast Guard (USCG) will communicate heightened levels of alert using Maritime Security (MARSEC) 1, 2, and 3 that align with the graduated color coded threat condition levels defined by the Homeland Security Advisory System (HSAS). MARSEC is the maritime sectors tool for communicating risk and in most cases will be linked to the HSAS. The current MARSEC Level is posted at all access points. As the security level is heightened, additional security measures will be implemented.

Facility Security Plan (FSP)
All personnel entering the facility must produce an authorized photo identification and will also be subject to random screening for access. In addition, photo identification must be produced while on the facility when requested by Security/Management. If you observe something that appears suspicious, note all the general characteristics, details, location, and immediately report it to security.

Emergency Response Procedures
When an individual observes an incident that requires a response by emergency responders, immediately contact security at 215-551-2912 (24hrs.). In the event of an emergency which requires the facility to be evacuated, drivers will be requested to drop their equipment in a safe manner and proceed to the nearest exit.

Refusal to comply with these guidelines will result in denied access and/or removal from the facility.
Terminal Rules for Commercial Drivers

Welcome to Packer Avenue Marine Terminal. In order to maintain a high level of safety so that we can all go home at night, the following rules will apply while you are on the terminal.

IF YOU DO NOT FOLLOW THESE RULES YOU WILL BE BANNED FROM THE TERMINAL

You must obey all of the traffic rules and the traffic signs on the terminal. Stop signs are located at all cross aisles and there are "One-Way" and "Do Not Enter" signs located around the terminal, they must be obeyed. U-turns in the rows are prohibited, unless under the direction of a checker, and driving through the container stacks is absolutely prohibited. Do NOT park or stop on pedestrian cross walks.

THE TERMINAL SPEED LIMIT IS 15 MPH. THERE IS NO APPEAL FOR A TRAFFIC VIOLATION.

ALL CONTAINERS AND CHASSIS MUST BE DEPOSITED IN THE PROPER LOCATIONS AS PER THE INSTRUCTIONS PRINTED ON YOUR ROUTING SLIP! If these instructions are not followed, your company will be billed $100.00 for the drayage of the equipment to its proper location. If the container has to be dismounted, there will be an additional $50.00 billed for the dismount, for a total of $150.00. A picture will be taken of the equipment, and will be sent along with a copy of the routing instructions, and the bill, to your trucking company. This bill will have to be paid before you will be allowed re-admittance into the terminal, and will also have to be paid within 30 days, or your entire trucking company will be barred from the terminal. Please note that this also applies to equipment that is left outside the confines of each row. All equipment must be placed inside the painted lines (slots) of each row. Any equipment that is not placed inside a "slot" (covering multiple slots) will be assessed a $50.00 fee to move the container into the slot. THIS WILL ALL BE STRICTLY ENFORCED!

On each entry into the terminal, only ONE routing slip will be issued. Anyone in possession of more than one, even if the other slips have different names, will be immediately banned. A routing slip is required at all times while on the terminal. Anyone who is not in possession of one, without prior consent from the terminal, will be immediately banned.

No work may be performed on any chassis. Anyone performing roadabilty work, or removing parts from any chassis will be immediately banned.

Any driver who breaks a seal on a loaded container or leaves the doors open on any container will be immediately banned from the terminal.

All reefer containers must be unplugged by terminal personnel.

Once an outbound TIR is issued, no re-admittance will be allowed without the equipment being received back in, without prior consent from the terminal.

No altercations, verbal or otherwise, will be tolerated between Drivers and any terminal personnel.

All drivers are required to always stay with their trucks. Walking within a stack or away from your truck will not be tolerated.

SAFETY VESTS ARE REQUIRED TO BE WORN AT ALL TIMES YOU ARE ON THE TERMINAL.

Any drivers without delivery orders will be required to leave the terminal until such orders are obtained.

As Operator, Greenwich Terminals reserves the right to deny service and/or access to the terminal to anyone not in compliance with these or any other policies and/or procedures.
I also warrant that I am authorized to sign this Confirmation on behalf of my company and to bind my company to the terms contained herein.
(If you decline, you may not gain access to the terminal.)
Note: You must be Manager of Dispatch or Operations or higher level position.
Registration Summary
Company Information
[edit]
Company Name
Company Type
Address 1
Address 2
City
Country
State/Province
Postal Code
Phone
Fax
SCAC Code
Tax ID Number
US DOT Permit No.
Motor Carrier Permit No.
Company Description

(Note: In this space describe your regions, markets, and products you offer. This will appear in the on-line company directory.)
Administrator Information
The adminstrator is responsible for adding and administering subusers for this company.
[edit]
First Name
Last Name
Title
Phone
Email
This is used in case you forget your password.
Secret Question
Secret Answer
Co-Administrator Information
The Co-Administrator is neeeded in case the Administrator is not available.
[edit]
First Name
Last Name
Title
Phone
Email
Ports of Call
[edit]
Will you and/or your company be a user of Seagirt Marine Terminal and/or Dundalk Marine Terminal?
Will you and/or your company be a user of the Philadelphia Regional Port Authority's Greenwich Terminal?
Will you and/or your company be a user of the San Diego Terminals?
San Diego Access Begin Date
San Diego Access End Date
San Diego Access Reason
San Diego Access Sponsor
Registration Confirmation