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Terms of Use
Terms of Use Agreement - ThePortalUSA.org and all
“xxx”PortalUSA.com Websites
October 29, 2010
1.
INTRODUCTION
ThePortalUSA.org is a
Our websites incorporate a wide-variety of services, features,
functions, content, and applications; including but not limited to audio and
video players, image galleries, search tools, blogs, newsletters, polls,
forums, auto-responders, advertisements, articles, calendars, RSS feeds,
widgets, ecommerce stores, and more collectively referred to herein as
“Services". Our Services are hosted in the
All others who view or access our websites, including but not limited to our
Vendors, Affiliates, System Administrators, Developers, Designers, Customers,
Volunteers, and Members must agree with these Terms of Use or immediately cease
to view or access any of our websites.
2. General Category Managers
all Registered USERS known as Site
Managers with the title ofGeneral Category Manager or GCM.
Besides agreeing to these terms and conditions, upon user registration
each Site Manager will be required to download, complete, and submit to us, a
subcontractors or independent contractor’s agreement before commissions
can be paid.
·
To qualify as a GCM, the applicant must be unemployed, underemployed,
disabled, or retired.
·
GCM’s are expected to have some education, experience, or strong
passion to support the General Category of their choosing.
·
Each GCM applicant must submit a completed online registration form using
their legal name and address.
·
GCM’s earn commission on sales and as such are required to submit
an IRS W9 and a complete Subcontractors Agreement with ThePortalUSAstore.com.
These documents are provided during the online registration process.
·
Approved GCM’s are Registered Site Managers for their selected or
assigned “xxx”PortalUSA website.
·
Each GCM will be responsible for adding appropriate and relevant content,
on a frequent and regular basis to their assigned General Category Website
(GCW).
·
GCM’s are expected to review all content found on the Topic Specific
websites under their assigned category and to flag any irrelevant or
inappropriate content for removal.
·
GCM’s are advised to support the TSM’s in their general
category so the category can grow.
·
GCM’s will be paid 45% of the commissions earned from sales
generated by Commission Junction advertisements, Google Ad Sense
advertisements, other approved Affiliate advertisements made available by
ThePortalUSA.org or its assigns, and on the commissions earned from sales of
products and services through our ecommerce store (excluding any sales which
are related to a separate Vendor Agreement which we may have with the GCM).
Vendor sales will be handled separately per the Vendor Purchasing Agreement.
·
GCM’s will also be paid a commission of two percent of all the commissions
generated by Commission Junction advertisements, Google Ad Sense
advertisements, other approved Affiliate ads made available by ThePortalUSA.org
or its assigns, and on the commissions earned from sales of products and
services in our ecommerce store (excluding any sales which are related to a
Vendor Agreement which we may have with the GCM) which are generated on any
Topic Specific Website under their assigned General Category.
·
GCM’s who also become approved Vendors and provide their own
products or services which are sold through our ecommerce store will receive
the agreed proceeds from the sale of such products or services via any of our
websites as long as they maintain Approved Vendor status and do not breach any
of the Terms of Use or Code of Conduct agreed to by all users of any of
ThePortalUSA.org branded websites.
·
The success of ThePortalUSA.org and each of the websites in the
ThePortalUSA.org network depends on two primary factors. One is the infrastructure which includes
our network of Site Managers working together and the other is the contribution
of quality content made by each individual registered user. The GCM adds value by constantly adding
interesting, informative and most of all relevant content to their assigned
website.
·
If the GCM wishes to cease managing his or her assigned GCW, the
“value” of the GCW will be greatly diminished without the
management of the GCM. GCM’s may request to leave the network and earn a
Finder’s Fee for finding their replacement. GCM’s in good standing,
who have met the expectations and requirements of the role of GCM and have
generated a growing trend in unique visitor traffic and commissions of greater
than $1,000.00 on the sales of products and services (not including proceeds
paid to the GCM who is also an approved Vendor) over the six month period prior
to the GCM’s desire to terminate their User Account, will be offered a
Finder’s Fee in return for securing an eligible replacement GCM for the
site. At the time of transfer of the User Account, the new GCM must meet the
requirements for the role of GCM and agree to the Terms of Use, Code of
Conduct, and complete a W9 and Subcontractors agreement.
·
The Finder’s Fee will be equal to 25% of the affiliate advertising
commissions, Commission Junction commissions, Google Ad Sense commissions and
ecommerce store sales commissions earned by the GCW over the six months period
prior to the transfer (not including proceeds paid to the GCM who is also an
approved Vendor). ThePortalUSA.org
or its assigns will also actively and simultaneously seek a replacement GCM.
·
The Finder’s Fee will only be paid if the GCM finds a replacement
through his or her own efforts and the replacement GCM must demonstrate they
are capable of maintaining the GCW and filling the role of GCM in the category
for a period of forty-five days.
·
The Finder’s Fee may only be paid one time in any twelve month
period.
·
As a subcontractor offering services us, the GCM does not hold the title
to or any ownership of the GCW micro-organization.
·
If the GCM abandons, ceases to manage, or add appropriate, relevant, and
frequent content for a period of over 30 days, no finder’s fee will be
paid, commission payments will cease and the GCM Account and User rights will
be terminated and the GCW will be turned over to another site manager.
·
All GCM’s who expect to cease activity for more than 14 days in a
row are expected to notify the TPU Administrator of ThePortalUSA.org.
·
Each GCM will have the option to also register as a TSM and manage one
TSW.
·
GCM Commissions and the GCM User Account will be terminated if the GCM is
found to have breached of any of the Terms of Use or Code of Conduct agreed to
by all users of any of ThePortalUSA.org branded websites and services.The GCM User Account and commission payments can be terminated for breach
of a Vendor or Affiliate Agreement at the sole discretion of ThePortalUSA.org.
3. Topic Specific managers
for all Registered USERS
KNOW AS SITE MANAGERS with the title of Topic Specific Manager or TSM.
Besides agreeing to these terms and conditions, upon user registration
each Site Manager will be required to download, complete, and submit to us, a
subcontractors or independent contractor’s agreement before commissions
can be paid.
·
To qualify as a TSM, the applicant must be unemployed, underemployed,
disabled, or retired.
·
TSM’s are expected to have some education, experience, or strong
passion to support the Topic of their choosing.
·
Each TSM applicant must submit a completed online registration form using
their legal name and address.
·
TSM’s earn commission on sales and as such are required to submit
an IRS W9 and a complete Subcontractors Agreement with ThePortalUSAstore.com.
These documents are provided during the online registration process.
·
Approved TSM’s are Registered Site Managers for their selected or
assigned “xxx”PortalUSA website.
·
Each TSM will be responsible for adding appropriate and relevant content,
on a frequent and regular basis to their assigned Topic Specific Website (TSW).
·
TSM’s are expected to review all content found on the ir Topic Specific
website and to flag any irrelevant or inappropriate content for removal.
·
TSM’s are advised to support the GCM and other TSM’s in their
general category so the category can grow.
·
TSM’s will be paid 45% of the commissions earned from sales
generated by Commission Junction advertisements, Google Ad Sense
advertisements, other approved Affiliate advertisements made available by
ThePortalUSA.org or its assigns, and on the commissions earned from sales of
products and services through our ecommerce store (excluding any sales which
are related to a separate Vendor Agreement which we may have with the TSM).
Vendor sales will be handled separately per the Vendor Purchasing Agreement.
·
TSM’s who also become approved Vendors and provide their own
products or services which are sold through our ecommerce store will receive
the agreed proceeds from the sale of such products or services via any of our
websites as long as they maintain Approved Vendor status and do not breach any
of the Terms of Use or Code of Conduct agreed to by all users of any of
ThePortalUSA.org branded websites.
·
The success of ThePortalUSA.org and each of the websites in the
ThePortalUSA.org network depends on two primary factors. One is the infrastructure which in=
cludes
our network of Site Managers working together and the other is the contribution
of quality content made by each individual registered user. The TSM adds value by constantly adding
interesting, informative and most of all relevant content to their assigned
website.
·
If the TSM wishes to cease managing his or her assigned TSW, the
“value” of the TSW will be greatly diminished without the
management of the TSM. TSM’s may request to leave the network and earn a
Finder’s Fee for finding their replacement. TSM’s in good standing,
who have met the expectations and requirements of the role of TSM and have
generated a growing trend in unique visitor traffic and commissions of greater
than $1,000.00 on the sales of products and services (not including proceeds
paid to the TSM who is also an approved Vendor) over the six month period prior
to the TSM’s desire to terminate their User Account, will be offered a
Finder’s Fee in return for securing an eligible replacement TSM for the
site. At the time of transfer of the User Account, the new TSM must meet the
requirements for the role of TSM and agree to the Terms of Use, Code of
Conduct, and complete a W9 and Subcontractors agreement.
·
The Finder’s Fee will be equal to 25% of the affiliate advertising
commissions, Commission Junction commissions, Google Ad Sense commissions and
ecommerce store sales commissions earned by the TSW over the six months period
prior to the transfer (not including proceeds paid to the TSM who is also an
approved Vendor). ThePortalUSA.org
or its assigns will also actively and simultaneously seek a replacement TSM.
·
The Finder’s Fee will only be paid if the TSM finds a replacement
through his or her own efforts and the replacement TSM must demonstrate they
are capable of maintaining the TSW and filling the role of TSM in the category
for a period of forty-five days.
·
The Finder’s Fee may only be paid one time in any twelve month
period.
·
As a subcontractor offering services us, the TSM does not hold the title
to or any ownership of the TSW micro-organization.
·
If the TSM abandons, ceases to manage, or add appropriate, relevant, and
frequent content for a period of over 30 days, no finder’s fee will be
paid, commission payments will cease and the TSM Account and User rights will
be terminated and the TSW will be turned over to another site manager.
·
All TSM’s who expect to cease activity for more than 14 days in a
row are expected to notify the TPU Administrator of ThePortalUSA.org.
·
Each TSM will have the option to also register as a GCM and manage one GCW.
·
TSM Commissions and the TSM User Account will be terminated if the TSM is
found to have breached of any of the Terms of Use or Code of Conduct agreed to
by all users of any of ThePortalUSA.org branded websites and services.
·
The TSM User Account and commission payments can be terminated for breach
of a Vendor or Affiliate Agreement at the sole discretion of ThePortalUSA.org.
4. GENERAL
CONTRIBUTORS
FOR ALL REGISTERED USERS KNOW AS GENERAL CONTRIBUTORS OR
GC’s.
·
Anyone over 18 year of
age may register as a General Contributor
·
General Contributors
may add relevant content to any of the “xxx”PortalUSA.com websites
and all content they wish to add will be reviewed and either approved or denied
by the site manager of the site where the content is to be added.
·
All content added to
our sites must be relevant to the site, informative, interesting, or in some
way useful to the audience of the site topic.
·
Spamming multiple
sites with the same content is not permitted. The GC may submit content that is
significantly rewritten to additional sites.
·
GC’s may upgrade
their registration to TSM or GCM if they meet the expectations and requirements
to become a site manager.
·
GC User Accounts will be terminated if the GC is found to have breached
of any of the Terms of Use or Code of Conduct agreed to by all users of any of
ThePortalUSA.org branded websites and services.
·
GC User Accounts can be terminated for breach of a Vendor or Affiliate
Agreement at the sole discretion of ThePortalUSA.org.
5. ACCEPTANCE
BY PARTICIPATING, USING OR VIEWING THIS WEBSITE
OR ANY OF ITS CONTENT, YOU INDICATE YOUR AGREEMENT TO THE FOLLOWING TERMS AND
CONDITIONS (the "Terms of Use") AND THE TERMS AND CONDITIONS OF
THEPORTALUSA.ORG PRIVACY POLICY AND CODE OF CONDUCT, WHICH ARE PUBLISHED AT http://www.theportalusa.org/content/privacy-policy and http://theportalusa.org/content/code-conduct
AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not
agree to any of these terms and conditions, then please do not use or view the
ThePortalUSA.org or any of the “xxxPortalUSA.com Websites or their
Content.
This Terms of Use Agreement ("Agreement") sets forth the
legally binding terms for your use of the ThePortalUSA.org Services. By using
the ThePortalUSA.org Services, you agree to be bound by this Agreement, whether
you are a "Visitor" (which means that you simply browse the
ThePortalUSA.org Website or any of the “xxxPortalUSA.com Websites,
including through a mobile device, or otherwise use the ThePortalUSA.org
Services without being registered) or you are a "Registered User"
(which means that you have registered with ThePortalUSA.org). The term
"User" refers to a Visitor or Registered User. You are only
authorized to use the ThePortalUSA.org Services (regardless of whether your
access or use is intended) if you agree to abide by all applicable laws and the
terms of this Agreement. Please read this Agreement, print it and save it for
reference. If you do not agree to be bound by this Agreement and to follow all
applicable laws, you should leave the ThePortalUSA.org Website or any of the
“xxxPortalUSA.com Websites and discontinue use of the ThePortalUSA.org
Services immediately. If you wish to become
a Registered User and/or make use of the ThePortalUSA.org Services, you must
read this Agreement and indicate your acceptance during the registration
process before your User Profile and Account can be created.
This Agreement includes ThePortalUSA.org policy for acceptable use of the
ThePortalUSA.org Services and Content posted on or through the ThePortalUSA.org
Services and your rights, obligations and restrictions regarding your use of
the ThePortalUSA.org Services and Content posted on or through the
ThePortalUSA.org Services. In order to participate in certain ThePortalUSA.org
Services, you may be notified that you are required to download software or
content and/or agree to additional terms and conditions from ThePortalUSA.org.
Unless otherwise provided by the additional terms and conditions applicable to
the ThePortalUSA.org Services in which you choose to participate, those
additional terms are hereby incorporated into this Agreement.
6. MODIFICATIONS TO
THIS AGREEMENT
ThePortalUSA.org
may modify this Agreement from time to time and such modification shall be
effective upon posting by ThePortalUSA.org on the ThePortalUSA.org Website.
Your continued use of the ThePortalUSA.org Services after ThePortalUSA.org
posts a revised Agreement signifies your acceptance of the revised Agreement.
It is therefore important that you review this Agreement regularly to ensure
you are updated as to any changes.
7. PROHIBITED CONTENT
AND ABUSE
Please choose
carefully the information you post on or through the ThePortalUSA.org Services
and that you provide to other Users. Your user profile and website content may
not include any form of Prohibited Content, as outlined in Section 18 below.
Despite this prohibition, information, materials, products or services provided
by other ThePortalUSA.org Users may, in whole or in part, be unauthorized,
impermissible or otherwise violate this Agreement, and ThePortalUSA.org assumes
no responsibility or liability for this material. If you become aware of misuse
of the ThePortalUSA.org Services by any person, please click on the "Contact
US” link at the bottom of any of our Website pages and notify us of the
abuse.
8. RIGHT TO REFUSAL OF
SERVICE
ThePortalUSA.org reserves the right, in its sole
discretion, to reject, refuse to post or remove any posting (including private
messages) by you, or to deny, restrict, suspend, or terminate your access to
all or any part of the ThePortalUSA.org Services at any time, for any or no
reason, with or without prior notice or explanation, and without liability.
ThePortalUSA.org expressly reserves the right to remove your user profile
and/or deny, restrict, suspend, or terminate your access to all or any part of
the ThePortalUSA.org Services if ThePortalUSA.org determines, in its sole
discretion that you have violated this Agreement or pose a threat to
ThePortalUSA.org and/or its Users.
We reserve the right to refuse to sell any product or service. In addition, we
reserve the right to limit quantities of items purchased by each customer. We
reserve the right to cancel any order or part of an order, or refuse service to
anyone for any reason. Such reasons may include, but are not limited to,
unauthorized coupon use, product availability, price discrepancy, quality
concerns. We reserve the right to charge fees or extra shipping charges for any
product that is backordered. The posting of prices on our site is not an offer
for sale of goods, and the order confirmation is not an acceptance of an offer
to purchase goods. The contract for sale of goods is between our merchants and
the customer and is not entered into until a charge is made on a valid credit
card or otherwise accepted form of payment.
9. ELIGIBILITY
Use of ThePortalUSA.org
Services and registration to be a Registered User for the ThePortalUSA.org
Services is void where prohibited. By using the ThePortalUSA.org Services, you
represent and warrant that (a) all registration information you submit is
truthful and accurate; (b) you will maintain the accuracy of such information;
(c) you are 18 years of age or older; and (d) your use of the ThePortalUSA.org
Services does not violate any applicable law or regulation. If you provide any
information that is untrue, inaccurate, not current or incomplete, or we have
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, we may suspend or terminate your account and refuse any
and all current and future use of the Site or payment of commissions earned.
Your user profile, account, and content may be deleted and your User Rights may
be terminated without warning, if we believe that you are under
18 years of age.
10. TERM AND
TERMINATION
This Agreement,
and any posted revision to this Agreement, shall remain in full force and
effect while you use the ThePortalUSA.org Services or are a Registered User.
You may terminate your user account at any time, for any reason, by contacting
us. ThePortalUSA.org may terminate your account at any time, for any or no
reason, with or without prior notice or explanation, and without liability.
Even after User Rights are terminated, this Agreement will remain in effect.
You agree that any termination of your access to the Site may be effected
without prior notice, and acknowledge and agree that we may immediately
deactivate or delete your account and all related information and files in your
account and bar any further access to such files or our websites. Further, you
agree that we shall not be liable to you or any third-party for any termination
of your access to the Site.
11. ADVERTISING AND
FEES
You acknowledge
that ThePortalUSA.org reserves the right to charge for any portion of the
ThePortalUSA.org Services and to change its fees (if any) from time to time in
its discretion. If ThePortalUSA.org terminates your User Rights because you
have breached this Agreement, you shall not be entitled to the refund of any
unused portion of fees or payments (if any). You understand and agree that the
Service may include advertisements and commercial listings and that these are
necessary for us to provide the Service. You will not obscure anything found on
our websites from general view via HTML/CSS or any other means.
12. PASSWORD
When you sign up to become a Registered User, you
will also be asked to choose a password. You are entirely responsible for
maintaining the confidentiality of your password. You agree not to use the
account, username, or password of another Registered User at any time or to
disclose your password to any third party. You agree to notify ThePortalUSA.org
immediately if you suspect any unauthorized use of your account or access to
your password. You are solely responsible for any and all use of your account.
You agree not to access the Site by any means other than through the interface
that is provided by us for use in accessing the Site.
13. USE BY REGISTERED
USERS
ThePortalUSA.org
Services are for the personal use of Registered Users and may be used for
promotional purposes as well, but direct commercial endeavors may only be used
if they are specifically endorsed or authorized by ThePortalUSA.org.
ThePortalUSA.org reserves the right to remove commercial content in its sole
discretion. Illegal and/or unauthorized use of the ThePortalUSA.org Services,
including collecting usernames, user id numbers, and/or email addresses of
Registered Users by electronic or other means for the purpose of sending
unsolicited email or unauthorized framing of or linking to the ThePortalUSA.org
Website, or employing third party promotional sites or software to promote User
Profiles or any of our websites for money, is prohibited. Commercial
advertisements, affiliate links, and other forms of unauthorized solicitation
may be removed from Registered User profiles without notice or explanation and
may result in termination of User Rights privileges. ThePortalUSA.org reserves
the right to take appropriate legal action for any illegal or unauthorized use
of the ThePortalUSA.org Services.
14. USER CONTENT
ThePortalUSA.org does not claim any ownership
rights in the text, files, images, photos, video, sounds, musical works, works
of authorship, or any other materials (collectively, "User Content")
that YOU post to ThePortalUSA.org Website or any of the
“xxx”PortalUSA.com Websites. After posting your User Content to our
websites, you continue to retain all ownership rights in such User Content, and
you may use such User Content in any way you choose. However, by displaying or
publishing ("posting") any such User Content on or through the our Websites
or Services, you hereby grant to ThePortalUSA.org a non-exclusive (meaning you
are free to license your User Content to anyone else in addition to
ThePortalUSA.org), fully-paid and royalty-free (meaning that ThePortalUSA.org
is not required to pay you for the use of the User Content that you post), with
a right to sublicense (so that ThePortalUSA.org is able to allow this
information to be posted on any of our websites or third party sites or used by
our affiliates, subcontractors, and other partners), worldwide (because the
Internet and the ThePortalUSA.org Services are global in reach ) and
irrevocable (because once the Content is incorporated into the community
knowledge base, it cannot be easily removed) license to use, modify, publicly
perform, publicly display, reproduce, and distribute such User Content for any
purpose whatsoever in any media format and through any media channels. Without
this license, ThePortalUSA.org would be unable to provide our Services.
You represent and warrant that: (i) you own the User
Content posted by you on or through any of our Websites or otherwise have the
right to grant the license set forth in this section, and (ii) the posting of
your User Content on or through the any of our Websites does not violate the
privacy rights, publicity rights, copyrights, contract rights or any other
rights of any person. You agree to pay for all royalties, fees, and any other
monies owing any person by reason of any User Content posted by you to or
through any of our Websites.
You are solely responsible for the User Content that you post on or through any
of our Websites, any material or information that you transmit to other Users
or for your interactions with other Users, and the consequences of posting or
publishing such User Content. ThePortalUSA.org does not endorse and has no
control over the User Content. ThePortalUSA.org does not guarantee any
confidentiality with respect to any User Content. User Content is not
necessarily reviewed or prescreened by ThePortalUSA.org prior to posting and
does not necessarily reflect the opinions or policies of ThePortalUSA.org.
ThePortalUSA.org makes no warranties, express or implied, as to the User
Content or to the accuracy and reliability of the User Content or any material
or information that you transmit to other Users or Registered Users.
ThePortalUSA.org does not endorse any User Content or any opinion,
recommendation, or advice expressed therein, and ThePortalUSA.org expressly
disclaims any and all liability in connection with User Content.
In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade
secret or otherwise subject to third party proprietary rights, including
privacy and publicity rights, unless you are the owner of such rights or have
permission from their rightful owner to post the material and to grant
ThePortalUSA.org all of the license rights granted herein; (ii) publish
falsehoods or misrepresentations that could damage ThePortalUSA.org or any
third party; (iii) submit material that is unlawful, obscene, defamatory,
libelous, threatening, pornographic, harassing, hateful, racially or ethnically
offensive, or encourages conduct that would be considered a criminal offense,
give rise to civil liability, violate any law, or is otherwise inappropriate;
(iv) post advertisements or solicitations of business: (v) impersonate another
person.
You agree not to engage in the use, copying, or distribution of any of the
Content found on any of our “xxx””PortalUSA
websites other than expressly permitted herein. If you download or print a copy
of any portion of the Website, you must retain all copyright and other
proprietary notices contained therein. You agree not to circumvent, disable or
otherwise interfere with security related features of any of our websites or
Services that prevent or restrict use or copying of any Content or enforce
limitations on use of the our Websites or the Content therein.
15. OUR CONTENT: GRANT
OF RIGHTS AND LIMITATIONS – USE OF ANY OF Our WebSITES OR CONTENT.
ThePortalUSA.org provides our Websites and
Content to its Users and your use of our Websites and Content is authorized
only as provided by these Terms of Use. ThePortalUSA.org reserves all rights in
and to our Websites and Content not expressly granted by these Terms of Use.
ThePortalUSA.org hereby grants you permission to use the Website provided: (i) you not alter or modify any part of the Website other
than through the intended use of the content control panel assigned to your
approved user role; and (ii) to use our Websites for their intended purposes;
and (iii) you will otherwise comply with the terms and conditions of these
Terms of Use.
ThePortalUSA.org further grants you permission to post Our Content including
Our Other Registered Users Content on other websites provided you comply with
the following provisions:
(a) you may post Our Content on other websites for non-commercial purposes,
i.e. where you have no intent to obtain direct commercial gain from the use of
the Content, provided you use the ThePortalUSA.org name and logo in connection
with the display of the Content and comply with all of the ThePortalUSA.org
Trademark Usage Guidelines as seen on the ThePortalUSA.org website.
Non-commercial purposes
include, for example:
·
Posting on a profile
page on a social networking website;
·
Posting on a non-revenue
generating personal blog, message board, discussion group, chat room or forum;
·
Posting on a site you
might manage for a well-known individual (such as a celebrity)
(b) you may post Content on other websites for commercial
purposes, i.e. where you have the intent to obtain direct or indirect
commercial gain from the use of the Content, provided you (i)
use the ThePortalUSA.org name and logo in connection with the display of such Content
and comply with all of the ThePortalUSA.org Trademark Usage Guidelines as shown
on the ThePortalUSA.org website and (ii) register your use of the
ThePortalUSA.org Content within 5 business days of its first use by e-mailing
to us via the “contact us” link found on the bottom of our website
pages the following information: the URL where the Content is posted; your
contact information including contact name, company name, address, e-mail address,
phone number and intent of such posting of ThePortalUSA.org Content. Commercial
purposes include, for example:
·
Posting
on a blog where the blog is managed like a business and relies on ad revenue
for its income. If the blogger would like to use Our Content as part of their
existing content simply inform ThePortalUSA.org about it;
Posting of ThePortalUSA.org Content for the sole
purpose of using the Content for commercial purposes (whether for market
research, selling the data or other intent of profit from the Content) is
prohibited.
ThePortalUSA.org, in its sole discretion, reserves the right to
determine whether the use of Content is for commercial or non-commercial
purposes. Furthermore, ThePortalUSA.org may revoke its permission to you to use
our Websites or post Our Content on other websites at any time, for any reason
and in its sole discretion.
Illegal and/or unauthorized use of the
ThePortalUSA.org Websites, including collecting usernames and/or email
addresses of Users by electronic or other means for the purpose of sending
unsolicited email or unauthorized framing of or linking to the ThePortalUSA.org
Websites is prohibited. Commercial advertisements, affiliate links, and other
forms of solicitation in Member profiles may be removed from Member profiles
without notice and may result in termination of Membership privileges. Appropriate
legal action will be taken for any illegal or unauthorized use of any of the
ThePortalUSA.org Websites.
ThePortalUSA.org Websites contains User Content, ThePortalUSA.org Content, and
content of ThePortalUSA.org licensors. Except for the content posted by you or
as otherwise authorized by these Terms of Use, content appearing on or through
the ThePortalUSA.org Websites may not be used, copied, reproduced, distributed,
transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for
any other purposes whatsoever without the prior written consent of the
respective owners.
We offer parts of the Service in RSS format so that users can embed individual
feeds into a personal website or blog or view postings through third party
software news aggregators. We permit you to display, excerpt from, and link to
the RSS feeds provided your use of the RSS feed is for personal,
non-commercial, or authorized commercial purposes; each title is correctly
linked back to the Service; and your use does not overburden our systems. We
may terminate any RSS feed or other of our Services at any time. We permit
hyperlinks to our Service for noncommercial use, personal weblogs, personal
online media, and authorized commercial uses.
You agree not to use or launch any automated system, including without
limitation, "robots," "spiders," "offline
readers," etc., that accesses our Websites in a manner that sends more
request messages to the ThePortalUSA.org servers in a given period of time than
a human can reasonably produce in the same period by using a conventional
on-line web browser. Notwithstanding the foregoing, ThePortalUSA.org grants the
operators of public search engines permission to use spiders to copy materials
from the site for the sole purpose of creating publicly available searchable
indices of the materials. ThePortalUSA.org reserves the right to revoke rights
granted herein either generally or in specific cases. You agree not to collect
or harvest any personally identifiable information, including account names,
from our Websites, nor to use the communication systems provided by our Websites
for any commercial solicitation purposes. You agree not to solicit, for
commercial purposes, any users of our Websites or Services with respect to
their Member profiles or User Content.
16. CONTENT REMOVAL AND
DELETION
ThePortalUSA.org
reserves the right to remove and delete User Content without prior notice and
in its sole discretion. ThePortalUSA.org may delete User Content at any time
for any purpose including but not limited to violations of these Terms of Use
or for being offensive, illegal or violate the rights, harm, or threaten the
safety of any person. ThePortalUSA.org assumes no responsibility for monitoring
the ThePortalUSA.org Website for inappropriate Content or conduct. If at any
time ThePortalUSA.org chooses, in its sole discretion, to monitor the
ThePortalUSA.org Website, ThePortalUSA.org nonetheless assumes no
responsibility for the Content, no obligation to modify or remove any
inappropriate Content, and no responsibility for the conduct of the User
submitting any such Content.
17. THEPORTALUSA.ORG and
“xxx”Theportalusa.com CONTENT AND PROPRIETARY RIGHTS
Our Websites
contain content including without limitation, text, software, scripts, software
code and tools, graphics, poll results, aggregated information, photos,
articles, blogs, newsletters, forums, sounds, music, videos, interactive
features and the like ("ThePortalUSA.org Content" or “Our
Content”). ThePortalUSA.org Content is protected by copyright, trademark,
patent, trade secret and other laws, and ThePortalUSA.org owns and retains all
rights in the ThePortalUSA.org Content. Except as provided within this
Agreement, you will not distribute, transmit, transfer, offer, copy, publish,
display, modify, or sell, assign, or sublicense any portion of the Service, its
code, or any proprietary information on the Service, or any intellectual
property or other proprietary right in any of the foregoing. You will not
reverse engineer, reverse assemble, or otherwise attempt to discover any source
code or proprietary information, or obtain unauthorized access to the Service.
The foregoing does not apply to user content. ThePortalUSA.org hereby grants
you a limited, revocable, nonsublicensable license to
reproduce and display the ThePortalUSA.org Content (excluding any software
code) solely for your personal use in connection with viewing the
ThePortalUSA.org Websites and using the ThePortalUSA.org Services.
18. PROHIBITED CONTENT
AND PROHIBITED ACTIVITY
The following are examples of the kind of Content
and Activity that are illegal or prohibited to post on or through the
ThePortalUSA.org Services. ThePortalUSA.org reserves the right to investigate
and take appropriate legal action against anyone who, in ThePortalUSA.org's
sole discretion, violates this provision, including without limitation,
removing the offending Content from the ThePortalUSA.org Services and
terminating the User Rights of such violators. ThePortalUSA.org reserves the
right to investigate and take appropriate legal action against anyone who, in ThePortalUSA.org's sole discretion, violates this
provision, including without limitation, reporting you to law enforcement
authorities. You will not include or create links or otherwise refer to other
sites that violate these restrictions. Prohibited Content and Prohibited
Activities includes, but is not limited to, content that, in the sole
discretion of ThePortalUSA.org:
18.1 is patently offensive and promotes
racism, bigotry, hatred or physical harm of any kind against any group or
individual;
18.2 harasses or advocates harassment of
another person;
18.3 exploits people in a sexual or
violent manner;
18.4 contains nudity, excessive violence,
or offensive subject matter or contains a link to an adult website;
18.5 solicits personal information from
anyone under 18;
18.6 poses or creates a privacy or
security risk to any person;
18.7 constitutes or promotes information that you know is false or
misleading or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
18.8 constitutes or promotes an illegal or unauthorized copy of
another person's copyrighted work, such as providing pirated computer programs
or links to them, providing information to circumvent manufacturer-installed
copy-protect devices, or providing pirated music or links to pirated music, recordings,
eBooks, software, or any other data files;
18.9 involves the transmission of
"junk mail," "chain letters," or unsolicited mass mailing,
instant messaging, "spimming," or
"spamming";
18.10 creates or accesses restricted or password only access pages
or hidden pages or images (those not linked to or from another accessible
page);
18.11 furthers or promotes any criminal activity or enterprise or
provides instructional information about illegal activities including, but not
limited to making or buying illegal weapons, violating someone's privacy, or
providing or creating computer viruses;
18.12 solicits passwords or personal
identifying information for commercial or unlawful purposes from other Users;
18.13 involves commercial activities
and/or sales without prior written consent from ThePortalUSA.org such as
contests, sweepstakes, barter, advertising, or pyramid schemes;
18.14 includes a photograph or video of another
person that you have posted without that person's consent;
18.18 uses sexually suggestive imagery or any other unfair,
misleading or deceptive Content intended to draw traffic to the Users site; or
18.16 violates the privacy rights, publicity rights, copyrights,
trademark rights, contract rights or any other rights of any person or legal
entity.
18.17 is a criminal or tortuous activity, including child
pornography, fraud, trafficking in obscene material, drug dealing, gambling,
harassment, stalking, spamming, spimming, sending of
viruses or other harmful files, copyright infringement, patent infringement, or
theft of trade secrets;
18.18 advertises to, or solicits Users
and Visitors to buy or sell any products or services through the unauthorized
or impermissible use of the ThePortalUSA.org Services. You may not transmit any
chain letters or junk email. You may not promote contests, run lotteries, or
promote pyramid schemes. In order to protect the public from such promotions,
advertisements or solicitations, ThePortalUSA.org reserves the right to
restrict the number of emails which a Registered User may send in any 24-hour
period to a number which ThePortalUSA.org deems appropriate in its sole
discretion. If you breach this Agreement and send unsolicited bulk email,
instant messages or other unauthorized commercial communications of any kind
through the ThePortalUSA.org Websites or Services, you acknowledge that you
will have caused substantial harm to ThePortalUSA.org, but that the amount of
such harm would be extremely difficult to ascertain. As a reasonable estimation
of such harm, you agree to pay ThePortalUSA.org $50.00 for each such
unsolicited email or other unauthorized commercial communication you send
through the ThePortalUSA.org Services;
18.19 circumvents or modifies, attempts to circumvent or modify,
or encourages or assists any other person in circumventing or modifying any
security technology or software that is part of the ThePortalUSA.org Services;
18.20 is an activity that involves the use of viruses, bots,
worms, or any other computer code, files or programs that interrupt, destroy or
limit the functionality of any computer software or hardware, or otherwise
permit the unauthorized use of or access to a computer or a computer network;
18.21 covers or obscures the banner
advertisements on any of ThePortalUSA.org Services pages via HTML/CSS or any
other means;
18.22 uses any unauthorized automated
system, such as, but not limited to, using scripts to add friends or send
comments or messages;
18.23 interferes with, disrupts, or
creates an undue burden on the ThePortalUSA.org Services or the networks or
services connected to the ThePortalUSA.org Services;
18.24 impersonates or attempts to
impersonate another Registered User, person or entity;
18.25 for sites containing a video or
audio player, copying the code for your ThePortalUSA.org Player and embedding
it (or directing others to embed it) anywhere other than a ThePortalUSA.org
website;
18.26 uses the account, username, or password of another
Registered User at any time or disclosing your password to any third party or
permitting any third party to access your account;
18.27 sells or otherwise transfers your
profile or website access;
18.28 uses any information obtained from the ThePortalUSA.org
Services in order to harass, abuse, or harm another person or entity, or
attempting to do the same;
18.29 displays an unauthorized commercial advertisement on any of
ThePortalUSA.org Services or websites, or accepting payment or anything of
value from a third person in exchange for your performing any commercial
activity through the unauthorized or impermissible use of the ThePortalUSA.org
Services on behalf of that person, such as placing commercial content on your
profile, posting blogs or bulletins with an unauthorized commercial purpose;
18.30 encourages or instructs unauthorized copying or
circumvention of copy protection or pirating of intellectual property or
content including but not limited to software, music, text, photographs,
illustrations, and movies;
18.31 posts, publishes, or transmits any text, graphics, or
material that is illegal or violates local and national laws or that contains,
encourages, advocates, or expresses: obscenity, pornography, sexually explicit
conduct, child pornography, the making or buying of illegal weapons or illegal
drugs, hatred, bigotry, racism, profanity, vulgarity;
or gratuitous violence or use of weapons;
18.32 floods, overloads, or mail bombs any mail service or
transmits or transfers any harmful or disruptive viruses, worms, computer code,
files, or programs;
18.33 disrupts, harms or inappropriately accesses any computer,
network, server or telecommunication system or violate related security or
operational procedures, policies or regulations;
18.34 threatens, disrupts, inflames, intimidates, libels, stalks,
defames, or defrauds any individual, entity, or group on any basis including
but not limited to age, gender, sexual orientation, ethnicity, race, religion
or disability or encourage anyone else to do so;
18.35 posts, publishes, or transmits any text, graphics, or
material that is illegal or violates local and national laws or that contains,
encourages, advocates, or expresses: obscenity, pornography, sexually explicit
conduct, child pornography, the making or buying of illegal weapons or illegal
drugs, hatred, bigotry, racism, profanity, vulgarity or gratuitous violence or
use of weapons;
18.36 harms or exploits minors in any way including collecting
personally identifiable information, including but not limited to name, email
address, home address, phone number, or school;
18.37 invades privacy by attempting to collect, store, or publish
private or personally identifiable information, including but not limited to
password, account information, credit card number, address, or other contact
information;
18.38 modifies or falsifies the source of any content or
information, impersonate another individual, ThePortalUSA.org representative,
or moderator, or falsely state or misrepresent affiliation with a person or entity;
18.39 infringes any patent, trademark, trade secret, copyright, or
other proprietary rights or violate contractual or fiduciary relationships
(such as insider, proprietary, or confidential information);
18.40 supports or helps any organization designated by the United
States government as a foreign terrorist organization pursuant to section 219
of the Immigration and Nationality Act;
18.41 attempts (i) to access or search
the Service with any engine, software, tool, agent, device, or mechanism other
than the software or search agents provided by ThePortalUSA.org or other
generally available third party web browsers (such as Microsoft Internet
Explorer or Mozilla Firefox); or (ii) to "frame," "mirror"
or otherwise copy any portion of the Site without ThePortalUSA.org's
express written authorization;
18.42 attempts to use the Service for data
collection, aggregation, mining or extraction. We authorize an exception for general purpose internet search
engines and non-commercial public archives that use such tools to gather
information for the sole purpose of displaying hyperlinks to the Service,
provided they each do so from a stable IP address or range of IP addresses
using an easily identifiable agent. This exception excludes websites or search
engines that specialize in listings, postings, profiles, discussion groups or
subsets such as jobs, housing, for sale, or services, or are in the business of
providing ad listing services;
18.43 uses the ThePortalUSA.org Services
in a manner inconsistent with any and all applicable laws and regulations;
18.44 uses ThePortalUSA.org Services to endorse,
promote, attack, or solicit funds for politicians or political candidates or to
endorse, promote, attack, or solicit funds for one side of any political issue.
19. THIRD-PARTY
WEBSITES
ThePortalUSA.org
Website may contain links to third party websites that are not owned or
controlled by ThePortalUSA.org. ThePortalUSA.org has no control over, and
assumes no responsibility for, the content, privacy policies, or practices of
any third party websites. In addition, ThePortalUSA.org will not and cannot
censor or edit the content of any third-party site. By using the Website, you
expressly release ThePortalUSA.org from any and all liability arising from your
use of any third-party website. Accordingly, we encourage you to be aware when
you leave the ThePortalUSA.org Website and to read the terms and conditions and
privacy policy of each other website that you visit.
20. PROTECTING
COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY
ThePortalUSA.org respects the intellectual
property of others, and requires that our users do the same. You may not
upload, embed, post, email, transmit or otherwise make available any material
that infringes any copyright, patent, trademark, trade secret or other
proprietary rights of any person or entity. ThePortalUSA.org has the right to
terminate the User Rights of infringers.
If you believe your work has been copied and posted on or through the
ThePortalUSA.org Services in a way that constitutes copyright infringement,
please send ThePortalUSA.org's Copyright Agent a
notification of claimed infringement with all of the following information: (a)
identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works are covered by a single notification, a
representative list of such works; (b) identification of the claimed infringing
material and information reasonably sufficient to permit us to locate the
material on the ThePortalUSA.org Services (providing the URL(s) of the claimed
infringing material satisfies this requirement); (c) information reasonably
sufficient to permit us to contact you, such as an address, telephone number,
and, if available, an email address; (d) a statement by you that you have a
good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; (e) a statement by you, made under penalty of
perjury, that the above information in your notification is accurate and that
you are the copyright owner or authorized to act on the copyright owner's
behalf; and (f) your physical or electronic signature. ThePortalUSA.org's
Copyright Agent for notification of claimed infringement can be reached as
follows: ThePortalUSA.org, 13023 NE Hwy 99, Suite 7-52, Vancouver, WA 98686 Attn:
Copyright Agent.
21. MONITORING AND
DISCLOSURE
We may monitor
your communications and may disclose content and information about you,
including contents of communications, if we deem it reasonably necessary to:
(1) conform to legal requirements or respond to legal process; (2) ensure your
compliance with this Service Agreement including maintaining this Service and
the Code of Conduct; or (3) protect the rights, property, personal safety or
interests of ThePortalUSA.org, its Employees, Customers, Users, Sponsors,
Providers, Licensors, Merchants or the public.
22. LIMITATIONs OF
SERVICE
You acknowledge
that we may establish limits concerning use of the Service, including the
length, number or size of photos, images, articles, videos, email messages, postings,
or other content that are retained, stored, displayed, or transmitted by the
Service. We may also limit the frequency with which you may access the Service
if it appears excessive or automated. We may also limit the total storage space
for your sites content or the bandwidth allocated to your site or User Profile.
We reserve the right to modify or discontinue the Service (or any part or
feature thereof) at any time with or without notice
23. CODE OF CONDUCT
You will not use
the Service in a way that is against the law or harms anyone or any entity,
including ThePortalUSA.org, our directors, officers, employees, subcontractors,
users, partners, affiliates, service providers, or suppliers. We may tell you
about harmful uses but have no duty to do so. You will comply with the Code of
Conduct and other notices we provide. You may review the Code of Conduct at any
time at http://www.ThePortalUSA.org/content/code-conduct. Violations of the Code of Conduct may result
in the termination of your access or deletion of your content without notice.
We reserve the right to cancel, suspend, or block access to the Service in
whole or part at any time. We will comply with all court orders related to your
actions.
24. WARRANTY DISCLAIMER
THEPORTALUSA.ORG WEBSITES AND SERVICES ARE
PROVIDED TO YOU “AS IS.” We give no express warranties, guarantees,
or conditions. To the extent permitted by law, we disclaim any implied
warranties including those of merchantability, fitness for a particular
purpose, workmanlike effort, and non-infringement and including those arising
by usage of trade, course of dealing, or course of performance. Without
limiting the generality of the foregoing, we do not warrant that the service or
the content will be accurate, error-free, virus-free, or uninterrupted or that
it will meet your requirements. You may have additional consumer rights under
your local laws that this Service Agreement cannot change.
YOU AGREE THAT YOUR USE OF THE THEPORTALUSA.ORG WEBSITES SHALL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THEPORTALUSA.ORG, ITS OFFICERS,
DIRECTORS, EMPLOYEES, MEMBERS, AFFILIATES, SUBCONTRACTORS AND AGENTS DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR WEBSITES AND YOUR
USE THEREOF THEPORTALUSA.ORG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF OUR WEBSITES CONTENT OR THE CONTENT OF ANY SITES
LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR
WEBSITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES,
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO
OR THROUGH OUR WEBSITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS
IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THEPORTALUSA.ORG WEBSITES OR SERVICES. THEPORTALUSA.ORG DOES NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE THEPORTALUSA.ORG
WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND THEPORTALUSA.ORG WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
25. LIMITATION OF
LIABILITY
IN NO EVENT SHALL THEPORTALUSA.ORG, ITS
OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AFFILIATES, SUBCONTRACTORS AND AGENTS,
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE
BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT
POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THEPORTALUSA.ORG
WEBSITES OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THEPORTALUSA.ORG, ITS OFFICERS, DIRECTORS,
EMPLOYEES, MEMBERS, AFFILIATES, SUBCONTRACTORS OR AGENTS SHALL NOT BE LIABLE
FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY
THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS
ENTIRELY WITH YOU. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED
IN CREATING, PRODUCING, OR DISTRIBUTING THE SITES BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS,
GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i)
THE USE OF OR INABILITY TO USE THE SITES, (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENETERED
INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU HEREBY
ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND
SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers,
directors, members, affiliates, subcontractors, agents, co-branders or other
partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of
Content you submit, post to or transmit through our Sites, your use of our Sites,
your connection to our Sites, your violation of the Terms of Use, or your
violation of any rights of another.
The Websites and our Services are controlled and offered by ThePortalUSA.org
from its facilities in the
Notwithstanding any other provision of this Agreement, our entire liability to
you for any cause whatsoever, and regardless of the form of the action, will at
all times be limited to the amount paid, if any, by you to us for Services
during the term of this Agreement. Except in jurisdictions where such
provisions are restricted, in no event will we be liable to you or any third
person for any indirect, consequential, exemplary, incidental, special or
punitive damages, including lost profits arising from your use of our Websites,
even if we have been advised of the possibility of such damages.
26. INDEMNITY
You agree to
defend, indemnify and hold harmless ThePortalUSA.org, its officers, directors,
employees, members, subcontractors and agents, as well as our associated
affiliates and partners from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but
not limited to attorney's fees) arising from: (i)
your use of and access to any of the ThePortalUSA.org Websites; (ii) your
violation of any term of these Terms of Use; (iii) your violation of any third
party right, including without limitation any copyright, property, or privacy
right; or (iv) any claim that your User Content caused damage to a third party.
This defense and indemnification obligation will survive these Terms of Use and
your use of the ThePortalUSA.org Websites.
27. ABILITY TO ACCEPT
TERMS OF USE
You affirm that
you are either more than 18 years of age, or an emancipated minor, and are
fully able and competent to enter into the terms, conditions, obligations,
affirmations, representations, and warranties set forth in these Terms of Use,
and to abide by and comply with these Terms of Use.
28. ASSIGNMENT
These Terms of Use,
and any rights and licenses granted hereunder, may not be transferred or
assigned by you, but may be assigned by ThePortalUSA.org without restriction.
29. REMEDIES
You agree that monetary damages may be inadequate
to compensate ThePortalUSA.org for any breach of these Terms of Use.
Accordingly, you agree that any such breach will cause irreparable injury to
ThePortalUSA.org and that, in addition to any other remedies that may be available
at law, ThePortalUSA.org shall be entitled to obtain injunctive relief.
30. GENERAL
This Agreement is
accepted upon your use of any of the ThePortalUSA.org or “xxx”PortalUSA
Websites or Services and is further affirmed by you becoming a Registered User.
ThePortalUSA.org is a trademark of ThePortalUSA.org. All trademarks, product
names, and company names and logos appearing on our Sites (other than
ThePortalUSA.org) are the property of their respective owners. You agree that
the ThePortalUSA.org Website shall be deemed solely based in
31. REGISTERED USER DISPUTES
You are solely responsible for your interactions
with other ThePortalUSA.org Registered Users. ThePortalUSA.org reserves the
right, but has no obligation, to become involved in any way with disputes
between you and other Registered Users.
32. PRIVACY
Use of the
ThePortalUSA.org Services is also governed by our Privacy Policy, which is
incorporated into this Agreement by this reference.
33. DISCLAIMERS
ThePortalUSA.org,
its officers, directors, employees, members, subcontractors, affiliates, and
agents are not responsible for and makes no warranties, express or implied, as
to the User Content or the accuracy and reliability of the User Content posted
on or through the ThePortalUSA.org Services, whether caused by Users of the
ThePortalUSA.org Services or by any of the equipment or programming associated
with or utilized in the ThePortalUSA.org Services and such User Content does
not necessarily reflect the opinions or policies of ThePortalUSA.org. Profiles
and third party applications created and posted by Registered Users on the
ThePortalUSA.org Websites may contain links to other websites. ThePortalUSA.org
is not responsible for the content, accuracy or opinions expressed on such
websites, and such websites are not necessarily investigated, monitored or
checked for accuracy or completeness by ThePortalUSA.org. Inclusion of any
linked website on the ThePortalUSA.org Services does not imply approval or
endorsement of the linked website by ThePortalUSA.org. When you access these
third party sites, you do so at your own risk. ThePortalUSA.org takes no
responsibility for third party advertisements or third party applications that
are posted on or through the ThePortalUSA.org Services, nor does it take any
responsibility for the goods or services provided by its advertisers.
ThePortalUSA.org is not responsible for the conduct, whether online or offline,
of any User of the ThePortalUSA.org Services. ThePortalUSA.org assumes no
responsibility for any error, omission, interruption, deletion, defect, delay
in operation or transmission, communications line failure, theft or destruction
or unauthorized access to, or alteration of, any User or Registered User
communication. ThePortalUSA.org is not responsible for any problems or
technical malfunction of any telephone network or lines, computer online
systems, servers or providers, computer equipment, software, failure of any
email or players due to technical problems or traffic congestion on the
Internet or on any of the ThePortalUSA.org Services or combination thereof,
including any injury or damage to Users or to any person's computer related to
or resulting from participation or downloading materials in connection with=
the
ThePortalUSA.org Services. Under no circumstances shall ThePortalUSA.org, its
officers, directors, employees, members, subcontractors, affiliates, and agents
be responsible for any loss or damage, including personal injury or death,
resulting from use of the ThePortalUSA.org Services, attendance at a
ThePortalUSA.org event, from any User Content posted on or through the
ThePortalUSA.org Services, or from the conduct of any Users of the
ThePortalUSA.org Services, whether online or offline. The ThePortalUSA.org
Services are provided "AS-IS" and as available and ThePortalUSA.org
expressly disclaims any warranty of fitness for a particular purpose or
non-infringement. ThePortalUSA.org cannot guarantee and does not promise any
specific results from use of the ThePortalUSA.org Services.
34.
The U.S. export control laws regulate the export
and re-export of technology originating in the
Software available in connection with the ThePortalUSA.org
Services (the "Software") is further subject to
As a consequence of the global nature of the Internet, you agree to comply with
all local rules and laws regarding user conduct on the Internet and acceptable
content. Specifically, you agree to comply with all applicable laws regarding
obscene and indecent content and communications and those regarding the
transmission of technical data exported from the
35. DISPUTES AND
APPLICABLE LAW
The Agreement shall be governed by, and
construed in accordance with, the laws of the State of
Any claim relating to our Website or the services provided through our Websites
or the Content shall be governed by the internal laws of the state of
36. ELECTRONIC
COMMUNICATIONS
When you visit our Websites or send e-mails to
us, you are communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with you by e-mail
or by posting notices via our websites. You agree that all agreements, notices,
disclosures and other communications we provide to you electronically satisfy
any legal requirement that such communications be in writing. Notices provided
to you via email will be deemed given and received on the transmission date.
38. COLOR/PRODUCT
DESCRIPTION
We have made every effort to display as accurately
as possible the colors of our products that appear at the Site. However, as the
actual colors you see will depend on your monitor, we cannot guarantee that
your monitor's display of any color will be accurate. We have attempted to be
as accurate as possible. However, we do not warrant that any product or service
descriptions are accurate, complete, reliable, current, or error-free. If any
product offered by our websites is not as described, your sole remedy is to
return it in unused condition.
39. SHIPPING ADDRESS
To make purchases in our ecommerce stores or on
most of our merchant Sites, you must have a verifiable shipping address in the
40. SALES TAX
The PortalUSA.org
and each affiliated merchant is required to charge sales tax on items sold to
customers who reside or maintain a “presence” in the same state
where the merchant has a “presence.” ThePortalUSA.org only
maintains a “presence” in
41. NOTICES
Except for the copyright infringement notice as
set forth in Section 17, any notice from you to ThePortalUSA.org must be
addressed to CS@ThePortalUSA.org or ThePortalUSA.org, 13023 NE Hwy 99,
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF
THE PROVISIONS CONTAINED ABOVE.