Privacy and Terms

HRSA PortMaster Portal

TERMS OF SERVICE


  1. Applicability.   These Terms of Service (“ToS”) govern the use by you (“you” or “User”) of the Hampton Roads Shipping Association (“HRSA”, “we”, or “us”) PortMaster Member Portal system (“the System”). 

  2. Ownership and Purpose of System.  The System is owned by HRSA for the purpose of facilitating hiring and the maintenance of information related to the employment of members of the International Longshoremen’s Association (“ILA”) in accordance with the HRSA / ILA collective bargaining agreement in Hampton Roads, Virginia (collectively the “Purpose”).

  3. Copyright.  The System and its components are protected by Copyright laws of the United States of America.  Copying or reverse engineering of the System, in whole or in part, is prohibited by law and these ToS.  All logos, names, trademarks, service marks, and other intellectual property appearing within the System are owned or licensed by HRSA or its members.

  4. Terms of Service are accessible at the following link: www.portmaster.net. The ToS can be changed at HRSA’s discretion. HRSA reserves the right, at its sole discretion, to modify or replace these ToS at any time. Each User is responsible for checking the System website to view changes.  If a revision is material, HRSA will try to provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at HRSA’s sole discretion.  By continuing to access or use the System after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the System.  No provision of these ToS may be waived, modified, or amended, except as provided above in this paragraph or by a written waiver signed by a duly authorized officer of HRSA.

  5. Proper Use of System
    1. Access to the System can be suspended or disabled if it is misused.

    2. Rules for Use.  
      1. The System may only be used by registered Users for the Purpose listed herein.  A registered User may not share his or her login credentials with another person for the purpose of allowing that person access to the System or use of the System.  Sharing of login credentials is considered misuse and will be grounds for termination of access.
      2. You agree not to misuse the Service. Misuse of the System includes, but is not limited to, the following:
        1. Downloading, modifying, or reverse engineering of any code comprising part of the System; 
        2. Using the System for any unlawful purpose or for promotion of illegal activities;
        3. Impersonating another person on or through the System, or use of the System in a manner that does or is intended to mislead, confuse, or deceive others;
        4. Publication or posting of other people’s private or personally identifiable information;
        5. Accessing or tampering with the non-public areas of the System, or HRSA’s computer systems;
        6. Probing, scanning or testing the vulnerability of the System or HRSA’s computer systems;
        7. Breach or circumvention of any security or authentication measures;
        8. Accessing the System by any means other than the System’s supported interfaces;
        9. Interfering with or disrupting the access of any user, computer, or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or by use of the System such a manner as to interfere with or create an undue burden on the System; or
        10. Any action reasonably determined by HRSA to be outside of the Purpose of the System.

    3. Security of the System. HRSA will strive to prevent unauthorized access to the System and your information.  However, no data transmission over the Internet, by wireless device or over the air is guaranteed to be 100% secure. We will continue to enhance security procedures. We strongly recommend that you select a password that is different from passwords that you use for other systems and web sites, and that you do not disclose your password to anyone. If you forget your password, we will ask you for your ID and send you an email containing a link that will allow you to reset your password.

      You control what personal information you provide while using the System. Ultimately, you are responsible for maintaining the secrecy of your identification, passwords and/or any personal information in our possession for the use of the System. Always be careful and responsible regarding your personal information. HRSA is not responsible for, and cannot control, the use by others of any information which you provide to them. Similarly, we cannot assume any responsibility for the content of any personal information or other information which you receive from other users, and you release us from any and all liability in connection with the contents of any personal information or other information which you may receive using the System. We cannot guarantee, or assume any responsibility for verifying, the accuracy of the personal information or other information provided by any third party. You release us from any and all liability in connection with the use of such personal information or other information of others.

  6. Rights in Content.  HRSA is the sole owner of the content collected and aggregated in the System.  You retain rights in your personal information that you enter into the System, but by your use of the System, you grant HRSA the right to use that information for authorized Purposes as disclosed in this ToS.

  7. Privacy Policy.
    1. What personal data is collected and stored.
      1. A log of your use of the System.
      2. Employment Data including hire date, training completed, your certifications or qualifications, any restrictions or limitations on work you can perform
      3. Last 4 digits of your Social Security Number
      4. Home Address
      5. Phone numbers
      6. Email address
      7. Full name
      8. Port Number

    2. How the data is collected.
      1. Collected by User input.
      2. Collected by transfer from HRSA member companies.
      3. Collected by transfer from HRSA-ILA

    3. Where it is stored. All personal data is stored on servers operated by or for HRSA.  Routine and special backups of the System, to include your personal data, may be stored online or may be stored on removable physical media.

    4. How we protect your information.  The security of your information is important to HRSA. When you enter personal data into the System, we encrypt the transmission of that information using industry-standard encryption. We use commercially reasonable and industry-standard physical, managerial, and technical safeguards to preserve the integrity and security of your information. We regularly back up data in the System to help prevent data loss and aid in data recovery. We also guard against common web attack methods, and implement firewalls and access restrictions on our servers to secure our network and better protect your information.

    5. How personal data is used. Your personal data will be used only for the Purpose of the System.

    6. How personal data is shared.
      1. Operations.  Users’ personal data is shared with:
        1. Authorized ILA users
        2. HRSA member companies
        3. HRSA-ILA

      2. Sharing with law enforcement.  HRSA cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose a User’s personal data to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to investigations, claims, legal process (including subpoenas), to protect the property and rights of HRSA or a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law. We may disclose your information (including your personally identifiable information) if required to do so by law or subpoena. We may also disclose your information to our legal counsel, governmental authorities or law enforcement if we believe that it is reasonably necessary to do so in order to comply with a law or regulation; to protect the safety of any person; to address fraud, security or technical issues; or to protect HRSA's rights or property.

    7. Transfer of System.  HRSA may sell, transfer or otherwise share some or all of its assets, including your personally identifiable data, in connection with a merger, acquisition, reorganization or sale of HRSA assets or in the event of bankruptcy. You will have the opportunity to opt out of any such transfer if the new entity’s planned processing of your information differs materially from that set forth in this Privacy Policy.

    8. Consent for HRSA’s use of your personal data is granted by you upon registration.  Permission for use of personal data can be withdrawn only by cancellation of account.

  8. Cookies Policy. HRSA may receive and record information from the System’s server logs from your browser, including your IP address, “cookie” information, and the web pages that you have accessed on the System.  (“Cookies” are electronic files that are automatically generated when you access a web site and provide personal information.  Depending on your computer’s configuration, cookies may remain on your computer after you have closed your browsing session.)  HRSA may set and access cookies on your computer. If you choose to not have your browser accept cookies from the System, you will still be able to access the System.  However, functionality may be limited and some or all functionalities may not be available if cookies are disabled. 

  9. Termination of Service.  HRSA may terminate or suspend access to the System immediately, upon notice to you, for any reason whatsoever, including without limitation if you are in breach of these ToS or if you misuse the System or its resources.

  10. NO WARRANTY.  THE SYSTEM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY OF INFORMATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HRSA IS NOT RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT MAY RESULT FROM USE OF THE SYSTEM.

  11. LIMITATION OF LIABLITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HRSA, ITS MEMBERS, AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF INCOME, LOST PROFITS, PROFITS, GOODWILL, LOSS OF OR DAMAGE TO DATA, OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SYSTEM, WHETHER OR NOT HRSA HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.  HRSA’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SYSTEM SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNTS, IF ANY, PAID BY YOU TO HRSA IN CONNECTION WITH YOUR USE OF THE SYSTEM DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM GIVING RISE TO SUCH LIABILITY.

  12. Other provisions.
    1. Our failure to enforce any right or provision of these ToS will not be considered a waiver of those rights. If any provision of these ToS is held to be invalid or unenforceable by a court, the remaining provisions of these ToS will remain in effect.
    2. These ToS constitute the entire agreement between us regarding the System, and supersede and replace any prior representations or agreements we may have made regarding the System.
    3. All provisions of the ToS which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


  13. Notices.  All correspondence and notices concerning the System or these ToS must be sent to HRSA at the following address: P.O. Box 3487, Norfolk, VA 23514.

    You agree that any notices to you may be sent by email to the email address on file with the System.  You agree to update your email address immediately upon any change and to ensure that the email address on file is active and in use.

  14. Governing Law; Disputes
    1. These ToS shall be governed and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions.
    2. Any litigation arising out of or related to your use of the System or these ToS shall be filed in state or federal courts of appropriate jurisdiction in and for the City of Norfolk, Virginia.  By your use of the System, you consent to the exclusive jurisdiction of these courts for any such dispute filed by you or by us.  Further, by your use of the System, you waive and relinquish your right to have any such dispute resolved by a jury.

  15. Disputes arising between you and HRSA concerning any information stored in the System, including any use or disclosure of that information, may be resolved either by litigation, or at HRSA’s sole option, by arbitration in the City of Norfolk, Virginia.   Arbitration of any dispute arising under these ToS or use of the System shall be administered by the American Arbitration Association (AAA).  The AAA will administer arbitration proceedings under its Commercial Arbitration Rules. Arbitration will be held in Norfolk, Virginia. The AAA rules will govern payment of all arbitration fees. Parties to the Arbitration will share all arbitrator fees and costs assessed by AAA equally.  Each party will bear its own attorneys’ fees and costs of the arbitration, and any award made by the arbitrator(s) shall not include an award of attorneys’ fees and/or costs.  ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED. Technical Support for the System can be reached by calling 757-628-2669 or by sending email to safetydesk@portofhamptonroads.com. 

End of TOS

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