Portal.io Terms of Service
Last Updated: 1/1/2024
SERVICELINK TECHNOLOGIES INC (DBA: “PORTAL“) (“Portal“) provides a software as a service technology platform (“Platform“) that enables users (“Dealers“) to create proposals for their clients based on products from our catalog, create purchase orders for manufacturers, distributors, and sales reps (“Vendors“), send Payment Requests and Collect Payments, and perform additional tasks to help Dealers run their business (“Service“). Access to the Platform and the Services are provided through Portal's website at https://portal.io (the “Website“). This Agreement applies to anyone signing up to create an account in order to access and use the Services provided under the terms of this Agreement including Dealers, Vendors, and to the extent applicable, users who simply view the content on or available through the Website or App (together, “you“).
By using Portal's Website (“the Site“), you agree to the following terms, conditions, and general principles concerning the use of the Site as well as our Privacy Policy found at: https://portal.io/privacy. These Terms of Service together with Portal's Privacy Policy (collectively the “Terms“) govern your use of the Site.
Portal may revise the Terms of Use at our sole discretion at any time. Please review the Terms periodically. Your continued use of the Site or any materials or services accessible through it, after such posting or notification means you accept the modifications. If you do not agree to these terms and conditions, you may not use the Site. Portal reserves the right, in its sole discretion, to change, modify, or otherwise alter these Terms at any time effective upon posting of the modified Terms on the Site. The use by you of any content or services accessible through the Site may be subject to your acceptance of separate agreements with Portal or third parties.
THIS AGREEMENT CONTAINS IMPORTANT LIMITATIONS ON REPRESENTATIONS, WARRANTIES, CONDITIONS, REMEDIES AND LIABILITIES THAT ARE APPLICABLE TO THE SERVICES SO YOU SHOULD READ IT CAREFULLY BEFORE USING THE SERVICES. BY EXECUTING A SUBSCRIPTION FORM THAT REFERENCES THIS AGREEMENT (“SUBSCRIPTION FORM”), YOU AGREE TO THE TERMS HEREOF. IF YOU ARE AN AGENT OR EMPLOYEE OF AN ENTITY YOU REPRESENT AND WARRANT THAT: (I) THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS AUTHORIZED TO ACCEPT THIS AGREEMENT ON SUCH ENTITY'S BEHALF AND TO BIND SUCH ENTITY, AND (II) SUCH ENTITY HAS FULL POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS HEREUNDER. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THE WEBSITE OR ANY OF ITS CONTENT OR SERVICES.
Use of Web Site, License & Site Access
You may download, view, copy and print documents and graphics incorporated in these documents (the “Documents“) from the Site subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Web site in whole or in part without the express authorization of Portal.
The license to use the Site does not include any resale or commercial use of the Site or its contents; or any derivative use of this Site or its contents; or any use of data mining, robots or similar data gathering and extraction tools or processes. You agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content on this site for any commercial purpose. By using the Site, you warrant to Portal that you will not use the Site, or any of the content obtained from the Site, for any purpose that is unlawful or prohibited by these Terms. Portal does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Website. If you violate any of these Terms, your permission to use the Site automatically terminates.
In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form(s), if applicable, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, Portal has the right to terminate your account and refuse any and all current or future use of the Site. You agree not to resell or transfer the Site or use of or access to the Site.
Proprietary Rights and Data Terms
Exclusive Ownership
Except for the rights and licenses granted in this Agreement, you acknowledge and agree that any and all intellectual property rights to or arising from the software and technology used to provide the Website and Service are and shall remain the exclusive property of Portal and its licensors. Nothing in this Agreement is intended to transfer any such IP rights to, or to vest any such intellectual property rights in, you. You are only entitled to the limited use of the intellectual property rights granted to you in this Agreement. You will not take any action to jeopardize, limit or interfere with Portal's intellectual property rights. Any unauthorized use of Portal's intellectual property rights is a violation of this Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws.
Dealer Data
If You are a Dealer, as between you and Portal, you own and retain ownership of Dealer content you store and process through the Service including personal information about Vendors and their metrics (“Dealer Data“). If you are subject to the terms of the General Data Protection Regulation 2016/679 then the terms of our Data Processing Addendum are incorporated into this agreement by reference. Details of how we use any personal information collected is set out in our Privacy Policy https://portal.io/privacy. Details of how an Dealer uses any Personal Information should be made available by and sought directly from that Dealer. Dealer's set the extent to which information is requested or required from Vendors through the Platform. It is also Dealer's responsibility to ensure that Dealer obtains the appropriate consents to the access by and use of Portal of Vendor's data in accordance with the terms of this Agreement.
Content License
You hereby grant Portal a perpetual, worldwide, royalty-free, and non-exclusive license to access your data in order to: (i) provide the Services, including storing, hosting and management of such content; and (ii) create Pattern Data. Together Sections (i) and (ii) constitute the “Content License”. You understand that Portal, in performing the required technical steps to provide the Services, may (a) transmit or distribute Dealer Data over various public or private networks and in various media; and (b) make such changes to Dealer Data as are necessary to conform and adapt that Dealer Data to the technical requirements of connecting networks, devices, Services or media. You represent and warrant to Portal that you have all the rights, power and authority necessary to grant the above Content License and that use of the Content in the manner contemplated will not breach the rights of any third party. You further understand that we may share Dealer Data (with any personally identifiable information anonymized) to our third party partners from time to time.
Content Responsibilities
You are responsible for any and all content provided hereunder and for compliance with this Agreement including obtaining all necessary licenses, permissions and consents to enable all material comprising client data to be made available to Portal for Portal to transmit, host and store. For greater certainty, you shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all your data; (ii) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Service and notify Portal promptly of any such unauthorized access or use; and (iii) comply with all applicable local, provincial, state, federal and foreign laws in using the Service.
Feature Suggestions
Portal shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual, unrestricted license to use and/or incorporate into its products, services and business any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the operation of the Services.
Third Party Websites, Content, Products and Services
The Site may contain links to Web sites and access to content, products and services from third parties, including users, vendors, advertisers, affiliates and sponsors of the Site. You agree that Portal is not responsible for the availability of, and content provided on, third party Websites. You should refer to the policies posted by other Websites regarding privacy and other topics before you use them. You agree that Portal is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Portal is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the Vendor, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Portal is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
In connection with your use of the Site, you may be made aware of services, products, offers and promotions provided by third parties, and not by Portal. If you decide to use Third Party Services or Products, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services or Products. You agree that the third party, and not Portal, is responsible for the performance of the Third Party Services or Products.
Using Portal
While using Portal you will not:
- Violate any federal or state laws, third party rights or our policies;
- Post any content irrelevant or inappropriate for the context of the web site;
- Post inaccurate, false, defamatory, misleading, or libelous content;
- Allow the use of your Portal account and user ID by another party without our consent;
- Post or distribute “spam” or unsolicited communications;
- Distribute viruses or any other harmful technologies that could harm Portal or cause harm to Portal members; or
- Obtain, distribute, or use information about Portal users, including names, email addresses, phone numbers, without their consent
Abuse Policy
Portal works to keep our site working properly. Please do not hesitate to report abuse, problems, and violations of policy to our team.
Fees and Services
By signing up, you agree to pay Portal the monthly or annual subscription fees for membership. Payments for membership fees will be charged on a pre-pay basis on the date of agreement, and will cover use of that service for the monthly or annual subscription period, as indicated. Membership fees are not refundable.
Unless you notify Portal before the end of the applicable subscription period that you want to cancel your subscription, your subscription will be automatically renewed and you authorize Portal to collect the appropriate subscription fee using any means or mechanism that we have on file.
Transaction fees will be charged based on use of third party payment services offered through software integrations (e.g., Stripe, Quickbooks, Square).
Portal reserves the right to change our fees at any time, however changes will only go into effect after 30 days prior notice to members via a posting to the site or an email notification.
All prices and fees are listed in US Dollars, unless otherwise stated. It is your responsibility to pay applicable taxes, duties, and fees associated with transactions with, and transactions facilitated by, Portal.
If your subscription payment method fails, Portal may collect membership fees due using other collection mechanisms. This may include utilizing other payment methods on file with our site, retaining legal counsel, utilizing collection agencies, or other appropriate methods. Portal may report information about you to credit bureaus, which could be reflected in your credit report. For disputes regarding the information Portal provides to a credit bureau, you may contact Portal directly.
Rules of Conduct
By using the Site you agree that you will not do any of the following:
- Restrict or inhibit any other user from using and enjoying the Site; or
- Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or
- Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Portal) or engage in spamming or flooding; or
- Post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or
- Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
- Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.
You acknowledge and agree that Portal has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Portal will not intentionally monitor or disclose any private electronic-mail message unless required by law. Portal reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.
Service Availability
We make our best effort to keep the Site safe, secure, and functioning properly. However, we cannot guarantee the continuous operation of or access to our site and services. Operation of and access to our site may be interfered with as a result of technical issues or numerous factors outside of our control. Notification functionality on the Site may not occur in real time. Such functionality is subject to delays including, without limitation, delays, or latency due to your physical location or your wireless data service provider's network. You agree that you are making use of the Site at your own risk, and that our site is being provided to you on an “AS IS” and “AS AVAILABLE” basis.
Password Security
You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account in accordance with this Agreement) and are solely responsible for any use of or action taken under your password. If your password is compromised, you must immediately change your password.
Modification
We may amend any of the terms and conditions contained in this Agreement at any time and at our sole discretion. Any changes will be effective upon the posting of such changes on Portal or in direct communication to you, and you are responsible for reviewing these and informing yourself of all applicable changes or notices. YOUR CONTINUED USE OF A SERVICE AFTER PORTAL'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS.
Confidentiality
During the course of your use of the Services, you may receive information relating to us or to the Services that is not known to the general public (“Confidential Information“). You agree that: (a) you will use Confidential Information only as is reasonably necessary for your participation in the Services; (b) you will not otherwise disclose Confidential Information to any other person other than your employees, agents and representatives who have a “need-to-know” and are bound by confidentiality obligations; and (c) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement. You may not issue any press release or make any public statement related to the Services, or use our name, trademarks, or logo, in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.
Contact Authorization
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to be contacted by any means including phone calls, email, or by other contact methods and contact information that we may obtain from third parties through our own efforts. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. If we contact you using a mobile number, all standard call rates apply.
We may contact you for the following reasons:
- Obtain information, clarifications, updates, or with regards to your use of Portal
- Marketing or promotional information
Additionally, Portal reserves the right to “authenticate” all of our users upon Sign Up by contacting references, manufacturers for which dealers are authorized, or other methods we deem necessary to ensure the overall functionality and privacy of our members and site. During this vetting process we will make all attempts to protect the privacy of new and existing members as per our Privacy Policy.
Third Party Payment Service Agreements
IN ORDER TO USE THE PAYMENTS SERVICE, YOU MAY BE REQUIRED TO FIRST AGREE TO THE APPLICABLE THIRD PARTY CONNECTED ACCOUNT AGREEMENT, SERVICES AGREEMENT AND OTHER SIMILAR AGREEMENTS (“THIRD PARTY PAYMENT SERVICE AGREEMENTS”). THESE INCLUDE WITHOUT LIMITATION THE AGREEMENTS APPLICABLE TO STRIPE ACCOUNTS; QUICKBOOKS ACCOUNTS; AND SQUARE ACCOUNTS, AND WHICH ARE HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS OF SERVICE. BY ORDERING OR REGISTERING FOR PAYMENTS WITH PORTAL, YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE READ THE APPLICABLE THIRD PARTY AGREEMENTS AND AGREE TO BE BOUND BY THEIR TERMS.
No Liability for Third Party Services
The Third-Party Payment Service Agreements are between the applicable third party payment service provider and You, and Portal shall not have any liability or responsibility for any breach of such Third Party Payment Service Agreements, or any losses, damages, expenses costs or other injuries incurred by You in connection with such agreements.
Customer Chargebacks and Disputes
A dispute (also known as a chargeback) occurs when a cardholder questions your payment with their card issuer.
To process a chargeback, the issuer creates a formal dispute on the card network, which immediately reverses the payment, pulling the money for the payment—as well as one or more network dispute fees—from your payment processor. For Dealers utilizing the Stripe Connect Account payments integration with Portal, Portal is the Payment Processor, and thus in the event of a chargeback, Portal debits your account balance for the payment amount and dispute fee.
For Stripe Connect Account Dealers, you authorize Portal to collect any customer chargebacks resulting from a dispute, as well as associated fees, directly through the payment methods you have provided (Credit Card, Bank Account, etc).
Termination
Portal may, at our sole discretion, choose to suspend or terminate access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. We also reserve the right to modify, add, or remove services, applications, or tools on Portal.
Upon such termination, you must immediately cease accessing or using the Site and agree not to re-register or otherwise make use of the Site without explicit permission from Portal. Furthermore, you acknowledge that Portal reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Site. You understand that Portal may exercise this right in its sole discretion.
If you wish to terminate this Agreement or your Portal account, you may request to cancel your account.
All provisions of this Agreement which by their nature should survive termination shall survive termination.
Privacy
Please refer to our Privacy Policy, which can be found at: https://portal.io/privacy
Indemnification
You will indemnify and hold Portal, its employees, officers, directors, agents, and its affiliates harmless from any and all demands or claims made by any third party, liabilities, costs and expenses, including reasonable attorney's fees, due to or arising out of your breach of these Terms of Service, your improper use of Portal, and/or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Terms of Service.
Trademarks
Portal is a registered trademark of ServiceLink Technologies USA Inc.. Other names appearing on the Site may be trademarks of their respective owners.
LIABILITY PROVISIONS
NO WARRANTIES. PORTAL DOES NOT GUARANTEE THAT THE SERVICES WILL ALWAYS BE AVAILABLE, THAT THEY WILL OPERATE WITHOUT FLAW OR THAT THEY WILL NOT CAUSE ANY DATA LOSS. THE SOFTWARE, SERVICE AND ALL PORTAL TECHNOLOGY ARE PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER; OPTIX DOES NOT MAKE ANY EXPRESSED, IMPLIED OR STATUTORY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, INTEGRITY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. PORTAL FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR PORTAL TECHNOLOGY WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES PORTAL WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET. PORTAL CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION OBTAINED FROM THE SERVICE AND DOES NOT ACCEPT ANY RESPONSIBILITY FOR ANY DECISION MADE BY YOU ON THE BASIS OF ANY INFORMATION OR DATA PROVIDED BY THE SERVICE OR THROUGH FEATURES AND ANY RECOMMENDATIONS, ADVICE OR INSIGHTS ARE PROVIDED WITH REASONABLE CARE BUT ARE DEPENDENT ON THE DATA AND INFORMATION WHICH IS AVAILABLE.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY NOR ANY OF THEIR RESPECTIVE AFFILIATES, LICENSORS, SUPPLIERS, SUBCONTRACTORS AND/OR DISTRIBUTORS SHALL HAVE ANY LIABILITY TO THE OTHER PARTY OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES (WHETHER ARISING FROM THIS AGREEMENT, RELATED TO THE SOFTWARE, OR TO ANY SERVICES PROVIDED TO YOU BY PORTAL (INCLUDING ITS AFFILIATES, LICENSORS, SUPPLIERS, SUBCONTRACTORS AND/OR DISTRIBUTORS)) FOR ANY INDIRECT, RELIANCE, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION, LOSS OF DATA, REPLACEMENT OR RECOVERY COSTS, OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER ARISING FROM CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY, EVEN IF THE OTHER PARTY (INCLUDING ITS AFFILIATES, LICENSORS, SUPPLIERS, SUBCONTRACTORS AND/OR DISTRIBUTORS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER OR, WITH RESPECT TO ANY SINGLE INCIDENT THE AMOUNT PAID BY YOU HEREUNDER FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE INCIDENT.
THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR FUNDAMENTAL BREACH. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF PORTAL (INCLUDING ITS AFFILIATES, LICENSORS, SUPPLIERS, SUBCONTRACTORS AND/OR DISTRIBUTORS) TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES ARISING FROM THIS AGREEMENT, RELATED TO ANY SERVICES PROVIDED TO YOU BY PORTAL (INCLUDING ITS AFFILIATES, LICENSORS, SUPPLIERS, SUBCONTRACTORS AND/OR DISTRIBUTORS) IN RELATION TO THE SERVICES, EXCEED THE FEES PAID BY YOU TO PORTAL FOR THE SERVICES COMPONENT GIVING RISE TO THE CLAIM.
THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT BUT FOR THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY, NEITHER PORTAL NOR ANY OF ITS LICENSORS OR SUPPLIERS WOULD GRANT THE RIGHTS GRANTED IN THIS AGREEMENT. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO IMMEDIATELY CEASE USE OF SUCH SERVICES.
Applicable Laws
The Terms will be governed by Delaware law as applied to agreements entered into and to be performed entirely within Delaware, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction, and applicable federal law. Headings are included for convenience only, and shall not be considered in interpreting these Terms. The Terms do not limit any rights that Portal may have under trade secret, copyright, patent or other laws.
General
Except as expressly set forth in these Terms, these Terms of Service are a complete statement of the agreement between you and Portal, and set forth the entire liability of Portal and your exclusive remedy with respect to your access and use of the Site. In the event of a conflict between these Terms of Service and the Privacy Policy, these Terms of Service shall prevail. The Suppliers, agents, distributors, dealers, and employees of Portal are not authorized to make modifications to the Terms, or to make any additional representations, commitments or warranties binding on Portal. Any waiver of the terms herein by Portal must be in a writing signed by an authorized officer of Portal and expressly referencing the applicable provisions of the Terms.
Unless stated otherwise in these Terms of Service, if any of the provisions in these Terms of Service shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. In our sole discretion, we may assign these Terms of Service, by providing notice of such assignment in accordance with the Notices Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms of Service.
These Terms of Service (including incorporated policies and rules) sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of these Terms of Service: Fees and Services, Release, Content, Disclaimer of Warranties and Limitation of Liability, and Indemnity.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Contact Information
If you have any questions regarding these Terms of Use, please contact us.