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Terms of Use

October 4, 2009

1. INTRODUCTION

ThePortalUSA.org, (“ThePortalUSA.org” or “we”) operates ThePortalUSA.org, which is a internet service that allows “Registered Users” also known as General Contributors (GC) to upload content and Site Managers also known as Topic Site Managers (TSM) and General Category Managers (GCM) to create unique micro-organizations online. The services offered by ThePortalUSA.org are featured on our registered ThePortalUSA.com-branded URL’s and Websites, where The represents our Registered Users choice of domain prefix. Our websites incorporate a wide-variety of features, functions, content, and applications; including audio and video players, image galleries, search tools, blogs, newsletter, polls, forums, auto-responders, advertisements, articles, calendars, RSS feeds, widgets, ecommerce stores, and more (collectively, the "ThePortalUSA.org Services"). ThePortalUSA.org Services are hosted in the United States.

2. ACCEPTANCE

BY PARTICIPATING, USING OR VIEWING THIS OR ANY THEPORTALUSA.ORG 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, WHICH IS PUBLISHED AT http://www.theportalusa.org/content/privacy-policy, AND WHICH IS INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use or view the ThePortalUSA.org Website or its 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 any of the ThePortalUSA.org 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 and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave ThePortalUSA.org 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 you 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.

3. 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 any of the ThePortalUSA.org Websites. 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.

4. 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. You may not include any form of Prohibited Content on any of the ThePortalUSA.org websites, as outlined in Section 15 below. Despite this prohibition, information, materials, products or services provided by other ThePortalUSA.org Users (for instance, in their profile) 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 Site Manager” link” and tell us what you found.

5. 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 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, or declined credit card. 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.

6. 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 any and all “xxxPortalUSA.org Webites. Your profile and account may be deleted and your User Rights may be terminated without warning, if we believe that you are under 18 years of age.

7. 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 account at any time, for any reason, by following the instructions on the Registered User's Account Settings page. 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 is 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 the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

8. 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 these from general view via HTML/CSS or any other means.

9. 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 or any of ThePortalUA.org Services. 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.

10. USE BY REGISTERED USERS

The 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 any of the ThePortalUSA.org Websites, or employing third party promotional sites or software to promote User profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from any of the ThePortalUSA.org Websites or Services 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 or any of the ThePortalUSA.org Websites.

11. 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 the any of the ThePortalUSA.org Websites. After posting your User Content to any of the ThePortalUSA.org 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 any of the ThePortalUSA.org Websites 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 and any other Registered on Non-Registered User 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 the ThePortalUSA.org experience.

You represent and warrant that: (i) you own the User Content posted by you on or through the ThePortalUSA.org Website 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 any of the ThePortalUSA.org 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 the ThePortalUSA.org Website.

You are solely responsible for the User Content that you post on or through the ThePortalUSA.org Website, 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.

hePortalUSA.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 other than expressly permitted herein. If you download or print a copy of any portion of any of the “xxxPortalUSA.org Websites, 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 the ThePortalUSA.org Websites or features that prevent or restrict use or copying of any Content or enforce limitations on use of any of the ThePortalUSA.org Websites or the Content therein.

12. GRANT OF RIGHTS AND LIMITATIONS – USE OF THE THEPORTALUSA.ORG WEBSITES

ThePortalUSA.org provides the Websites to its Users and your use of the Websites is authorized only as provided by these Terms of Use. ThePortalUSA.org reserves all rights in and to the Websites not expressly granted by these Terms of Use.

ThePortalUSA.org hereby grants you permission to use the Websites provided: (i) you not alter or modify any part of the Websites other than as may be reasonably necessary to use the Websites for its intended purpose; and (ii) you will otherwise comply with the terms and conditions of these Terms of Use.

ThePortalUSA.org further grants you permission to post any Content on other websites provided you comply with the following provisions:
(a) you may post Content from any of the ThePortalUSA.org 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 an another social networking website;
• Posting on a 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 contacting us via the Contact Site Manager link and sending us 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 on such posting of the 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 the ThePortalUSA.org Content as part of their existing content than no problem, just tell ThePortalUSA.org about it; • Posting of any of the 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).

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 the Website or post Content on other websites at any time, for any reason and in its sole discretion.

Illegal and/or unauthorized use of any 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 any of the ThePortalUSA.org Websites is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation on any of our webssites pages is not authorized and will be removed 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.

The 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 any of 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 at any time.

We permit hyperlinks to the Service and our promotional widgets 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 any of 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 our websites 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 any of ThePortalUSA.org Websites, nor to use the communication systems provided by the Websites for any unauthorized commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users or site managers of any of the ThePortalUSA.org Websites outside of the intended purposes of supporting and cross-promoting each other’s managed ThePortalUSA.org websites.

13. 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 any of the ThePortalUSA.org Websites for inappropriate Content or conduct. If at any time ThePortalUSA.org chooses, in its sole discretion, to monitor any of the ThePortalUSA.org Websites, 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.

14. THEPORTALUSA.ORG CONTENT AND PROPRIETARY RIGHTS

The ThePortalUSA.org Websites contains 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"). 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 any of the ThePortalUSA.org Websites and using any of the ThePortalUSA.org Services.

15. PROHIBITED CONTENT AND PROHIBITED ACTIVITY

he 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 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 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:

  • 15.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • 15.2 harasses or advocates harassment of another person;
  • 15.3 exploits people in a sexual or violent manner;
  • 15.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
  • 15.5 solicits personal information from anyone under 18;
  • 15.6 poses or creates a privacy or security risk to any person;
  • 15.7 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;
  • 15.8 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 files;
  • 15.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  • 15.10 creates or accesses restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • 15.11 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;
  • 15.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  • 15.13 involves commercial activities and/or sales without prior written consent from ThePortalUSA.org such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • 15.14 includes a photograph or video of another person that you have posted without that person's consent;
  • 15.15 uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the Users site; or
  • 15.16 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
  • 15.17 is a criminal or tortious 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;
  • 15.18 advertises to, or solicits Users 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 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;
  • 15.19 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;
  • 15.20 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;
  • 15.21 covers or obscures the advertisements on your websites pages, or any of the ThePortalUSA.org pages via HTML/CSS or any other means;
  • 15.22 uses any unauthorized automated system, such as, but not limited to, using scripts to add friends or send comments or messages;
  • 15.23 interferes with, disrupts, or creates an undue burden on the ThePortalUSA.org Services or the networks or services connected to the ThePortalUSA.org Services;
  • 15.24 impersonates or attempts to impersonate another Registered User, person or entity;
  • 15.25 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 your authorized ThePortalUSA.org websites;
  • 15.26 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;
  • 15.27 sells or otherwise transfers your profile or account without authorization and agreement to the terms and conditions specified by ThePortalUSA.org.;
  • 15.28 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;
  • 15.29 displays an unauthorized commercial advertisement on your site, 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 any of ThePortalUSA.org Services or ThePortalUSA.org Websites with an unauthorized commercial purpose;
  • 15.30 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;
  • 15.31 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 or gratuitous violence or use of weapons;
  • 15.32 floods, overloads, or mail bombs any mail service or transmits or transfers any harmful or disruptive viruses, worms, computer code, files, or programs;
  • 15.33 disrupts, harms or inappropriately accesses any computer, network, server or telecommunication system or violate related security or operational procedures, policies or regulations;
  • 15.34 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;
  • 15.35 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;
  • 15.36 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;
  • 15.37 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;
  • 15.38 modifies or falsifies the source of any content or information, impersonate another individual, any ThePortalUSA.org representative, or User of any ThePortalUSA.org Services, or falsely state or misrepresent affiliation with a person or entity;
  • 15.39 infringes any patent, trademark, trade secret, copyright, or other proprietary rights or violate contractual or fiduciary relationships (such as insider, proprietary, or confidential information);
  • 15.40 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;
  • 15.41 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.
  • 15.42 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 express written authorization.
  • 15.43 uses the ThePortalUSA.org Services in a manner inconsistent with any and all applicable laws and regulations.

16. THIRD-PARTY WEBSITES

The ThePortalUSA.org Websites 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 any of the ThePortalUSA.org Websites and to read the terms and conditions and privacy policy of each other website that you visit.

17. 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 any of the ThePortalUSA.org Services in a way that constitutes copyright infringement, please send ThePortalUSA.org's Site Manager 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 a unauthorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. ThePortalUSA.org's Site Manager can be reached as follows: ThePortalUSA.org, 13023 NE Hwy 99, Suite 7-52, Vancouver, WA 98686 Attn: Site Manager or can also be reached electronically by using the Contact Site Manager link found on the top of ThePortalUSA.org website.

18. 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.

19. LIMITATIONS

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. We reserve the right to modify or discontinue the Service (or any part or feature thereof) at any time with or without notice.

20. 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 Code of Conduct. Violations of the Code of Conduct may result in the termination of access or deletion of 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 illegal actions.

21. WARRANTY DISCLAIMER

THE ThePORTALUSA.ORG WEBSITES 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 ANY OF THE ThePORTALUSA.ORG WEBSITES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THEPORTALUSA.ORG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES AND YOUR USE THEREOF. THEPORTALUSA.ORG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO OUR SITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS, 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 ANY OF THE ThePORTALUSA.ORG WEBSITES. 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 WEBSITES 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.

22. LIMITATION OF LIABILITY

IN NO EVENT SHALL THEPORTALUSA.ORG, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, OMSSIONS, 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 YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OF THE ThePORTALUSA.ORG WEBSITES, 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 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 SITES; 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 SITES. 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, 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 the Sites, your use of the Sites, your connection to the Sites, your violation of the Terms of Use, or your violation of any rights of another.

The ThePortalUSA.org Websites are controlled and offered by ThePortalUSA.org from its facilities in the United States of America. ThePortalUSA.org makes no representations that the ThePortalUSA.org Websites are appropriate or available for use in other locations. Those who access or use the ThePortalUSA.org Websites from other jurisdictions do so at their own volition and are responsible for compliance with local law.

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 any of the ThePortalUSA.org Websites, even if we have been advised of the possibility of such damages.

23. INDEMNITY

You agree to defend, indemnify and hold harmless ThePortalUSA.org, its officers, directors, employees 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.

24. ABILITY TO ACCEPT TERMS OF USE

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, 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.

25. ASSIGNMENT

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ThePortalUSA.org without restriction.

26. 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, in equity or otherwise, ThePortalUSA.org shall be entitled to obtain injunctive relief.

27. GENERAL

This Agreement is accepted upon your use of any of the ThePortalUSA.org Websites or any of the ThePortalUSA.org 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 any ThePortalUSA.org Site (other than ThePortalUSA.org) are the property of their respective owners. You agree that the ThePortalUSA.org Websites shall be deemed solely based in Washington. If there is any dispute between you and ThePortalUSA.org you agree that the dispute, whether or not related to the Terms of Use, shall be governed by the laws of the State of Washington, without respect to its conflict of laws principles, and you agree to exclusive personal jurisdiction in Washington and venue in the state and federal courts of the United States located in Clark County, Washington. These Terms of Use, together with the Privacy Notice at http://www.ThePortalUSA.org/content/privacy-policy and any other legal notices published by ThePortalUSA.org on the Website, shall constitute the entire agreement between you and ThePortalUSA.org and supersedes all prior agreements between you and ThePortalUSA.org. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and ThePortalUSA.org's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. ThePortalUSA.org reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. ThePortalUSA.org will have the right to assign this Service Agreement and rights and delegate its duties in connection with a merger, reorganization, or sale of substantially all of its assets. This Service Agreement will bind successors and permitted assigns. Your use of any of the ThePortalUSA.org Websites following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND THEPORTALUSA.ORG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY OF THE ThePORTALUSA.ORG WEBSITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

28. 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.

29. PRIVACY

Use of the ThePortalUSA.org Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference link.

30. DISCLAIMERS

ThePortalUSA.org is 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. Content and third party applications created and posted by Registered Users on any of 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 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.

31. THE U.S. EXPORT CONTROL LAWS

U.S. EXPORT CONTROL LAWS REGULATE THE EXPORT AND RE-EXPORT OF TECHNOLOGY ORIGINATING IN THE UNITED STATES. THIS INCLUDES THE ELECTRONIC TRANSMISSION OF INFORMATION AND SOFTWARE TO FOREIGN COUNTRIES AND TO CERTAIN FOREIGN NATIONALS. YOU AGREE TO ABIDE BY THESE LAWS AND THEIR REGULATIONS - INCLUDING BUT NOT LIMITED TO THE EXPORT ADMINISTRATION ACT AND THE ARMS EXPORT CONTROL ACT AND NOT TO TRANSFER, BY ELECTRONIC TRANSMISSION OR OTHERWISE, ANY CONTENT DERIVED FROM THE SITE TO EITHER A FOREIGN NATIONAL OR A FOREIGN DESTINATION IN VIOLATION OF SUCH LAWS

SOFTWARE AVAILABLE IN CONNECTION WITH THE THEPORTALUSA.ORG SERVICES (THE "SOFTWARE") IS FURTHER SUBJECT TO UNITED STATES EXPORT CONTROLS. NO SOFTWARE MAY BE DOWNLOADED FROM THE THEPORTALUSA.ORG SERVICES OR OTHERWISE EXPORTED OR RE-EXPORTED IN VIOLATION OF U.S. EXPORT LAWS. DOWNLOADING OR USING THE SOFTWARE IS AT YOUR SOLE RISK.
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 UNITED STATES OR THE COUNTRY IN WHICH YOU RESIDE.

32. DISPUTES AND APPLICABLE LAW

THE AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF WASHINGTON, WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. YOU AND THEPORTALUSA.ORG AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS LOCATED WITHIN THE STATE OF WASHINGTON TO RESOLVE ANY DISPUTE ARISING OUT OF THE AGREEMENT OR THE THEPORTALUSA.ORG SERVICES. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
WE CONTROL THE SITE FROM OUR OFFICES WITHIN THE UNITED STATES OF AMERICA. WE MAKE NO REPRESENTATION THAT THE CONTENT IN THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS, AND ACCESS TO THEM FROM TERRITORIES WHERE THEIR CONTENT IS ILLEGAL IS PROHIBITED. THOSE WHO CHOOSE TO ACCESS THE SITE FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS. YOU MAY NOT USE OR EXPORT THE CONTENT IN VIOLATION OF U.S. EXPORT LAWS AND REGULATIONS. ANY CLAIM RELATING TO THE SITES, THE SERVICES PROVIDED THROUGH THE SITES OR THE CONTENT SHALL BE GOVERNED BY THE INTERNAL LAWS OF THE STATE OF WASHINGTON, WITHOUT REFERENCE TO ITS CHOICE OF LAW PROVISIONS. YOU HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF COURTS IN CLARK COUNTY, WASHINGTON, U.S.A.

33. ELECTRONIC COMMUNICATIONS

WHEN YOU VISIT ANY OF THE “XXXPORTALUSA.ORG SITE 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 ON OUR SITES. 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.

34. SWEEPSTAKES AND CONTESTS

FROM TIME TO TIME, WE MAY OFFER AND/OR CO-SPONSOR CONTESTS, SWEEPSTAKES, AND GAMES ON THE SITES. EACH OF THESE ACTIVITIES SHALL BE GOVERNED BY SPECIFIC RULES ACCESSIBLE FROM THE SITES OFFERING THE PROMOTION.

35. 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 THE PRODUCT DESCRIPTIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. IF A PRODUCT OFFERED BY THE SITE IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION.

36. SHIPPING ADDRESS

TO MAKE PURCHASES IN OUR ECOMMERCE STORE OR ON MOST OF OUR MERCHANT SITES, YOU MUST HAVE A SHIPPING ADDRESS IN THE UNITED STATES OR AN APO/FPO U.S. MILITARY ADDRESS. SOME MERCHANTS MAY ALLOW SHIPMENTS TO FOREIGN COUNTRIES.

37. 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 CLARK COUNTY, WASHINGTON AND WE WILL COLLECT SALES TAX ON ANY TAXABLE PRODUCTS OR SERVICES SOLD THROUGH OUR ECOMMERCE STORE.

38. NOTICES

ANY NOTICE FROM YOU TO THEPORTALUSA.ORG MUST BE SENT TO THE SITE MANAGER VIA THE CONTACT SITE MANAGER LINK OR BY MAIL TO THE SITE MANAGER, C/O THEPORTALUSA.ORG, 13023 NE HWY 99, SUITE 7-52, VANCOUVER, WA 98686. THIS SERVICE AGREEMENT IS IN ELECTRONIC FORM. THERE MAY BE OTHER INFORMATION REGARDING THE SERVICE THAT THE LAW REQUIRES US TO SEND YOU. YOU CONSENT TO THEPORTALUSA.ORG SENDING YOU THIS INFORMATION IN ELECTRONIC FORM. YOU HAVE THE RIGHT TO WITHDRAW THIS CONSENT BY NOTICE TO US, BUT IF YOU DO, YOU MUST STOP USING THIS SERVICE. WE MAY PROVIDE REQUIRED INFORMATION TO YOU BY EMAIL AT THE YOUR REGISTERED ADDRESS OR BY ACCESS TO WWW.THEPORTALUSA.ORG OR ANOTHER WEBSITE DESIGNATED IN AN EMAIL NOTICE OR GENERALLY DESIGNATED IN ADVANCE FOR THIS PURPOSE. NOTICES PROVIDED TO YOU VIA EMAIL WILL BE DEEMED GIVEN AND RECEIVED ON THE TRANSMISSION DATE.

39. ADDITIONAL PROVISIONS FOR ALL REGISTERED GENERAL CATEGORY MANAGER’S (ALSO KNOWN AS GCM’S)

EACH GCM WILL BE RESPONSIBLE FOR ADDING APPROPRIATE AND RELEVANT CONTENT, ON A FREQUENT BASIS TO THEIR ASSIGNED GENERAL CATEGORY WEBSITE (GCW). SHOULD THE GCM CEASE ACTIVITY FOR MORE THAN 21 DAYS, OR SHOW AN INABILITY OR INSINCERITY IN HANDLING THE ROLE OF GCM, THE GCM MAY BE TERMINATED AND THE ASSOCIATED GCW BE REGISTERED TO ANOTHER USER. GCM’S ARE EXPECTED TO HAVE SOME EDUCATION, EXPERIENCE, OR STRONG PASSION TO SUPPORT THE GENERAL CATEGORY OF THEIR CHOOSING. GCM’S ARE EXPECTED TO OVERSEE AND SUPPORT THE TOPIC SITE MANAGERS (TSM’S) AND THEIR ASSOCIATED TOPIC SPECIFIC WEBSITES (TSW’S) UNDER THEIR ASSIGNED GENERAL CATEGORY. GCM’S ARE REQUIRED TO CLEAR TSM AND GENERAL CONTRIBUTOR (GC) USER CONTENT FOR USE THROUGHOUT THEIR ASSIGNED GENERAL CATEGORY. EACH GCM WILL BE PAID A COMMISSION OF TWO PERCENT OF ALL THE COMMISSIONS GENERATED ON SALES MADE BY THE TSW’S UNDER THEIR ASSIGNED GENERAL CATEGORY. GCM’S WILL ALSO RECEIVE THE PREVIOUSLY AGREED PROCEEDS FROM THE SALE OF PRODUCTS OR SERVICES PROVIDED BY THE GCM AND SOLD THROUGH OUR ECOMMERCE STORE. COMMISSIONS WILL BE TERMINATED WHEN 1) THE GCM CEASES TO ACTIVELY MANAGE HIS GCW; 2) THE GCM CEASES TO MEET THE EXPECTATIONS AND REQUIREMENTS OF THE ROLE OF GCM; OR 3) GCM’S ACCOUNT IS TERMINATED. THE GCM ACCOUNT CAN BE TERMINATED AND ASSOCIATED GCW BLOCKED AT ANYTIME WITH OR WITHOUT CAUSE AT THE SOLE DISCRETION OF THEPORTALUSA.ORG. GCM’S IN GOOD STANDING, WHO HAVE MET THE EXPECTATIONS AND REQUIREMENTS OF THE ROLE OF GCM AND HAVE GENERATED REGULAR UNIQUE VISITOR TRAFFIC AND COMMISSIONS FROM THE SALES OF PRODUCTS AND SERVICES ON HIS OR HER ASSIGNED GCW FOR A PERIOD OF AT LEAST ONE YEAR, MAY REQUEST THEIR GCW BE VALUED BY THEPORTALUSA.ORG AND OFFERED FOR SALE TO OTHER REGISTERED USERS. THE GCM MAY SELL THE CONTENT OF HIS WELL MANAGED GCW TO ANOTHER REGISTERED USER AT THE PRICE VALUED BY THEPORTALUSA.ORG OR A GREATER PRICE AS AGREED BY THE BUYER. THEPORTALUSA.ORG WILL RETAIN 50% OF THE PRICE VALUED BY THEPORTAUSA.ORG AS ITS COMMISSION IN RETURN FOR PROVIDING THEPORTALUSA.ORG SERVICES, THE NETWORK, THE ADVERTISING, THE SERVERS, THE WEBSITES, THE TRAINING, AND THE OVERALL OPPORTUNITY TO MANAGE AND GROW ONE OF THEPORTALUSA.ORG MICRO-ORGANIZATIONS. THEPORTALUSA.ORG WILL NOT ALLOW THE SALE OF THE CONTENT OR ESTIMATED “VALUE” OF ANY GCW TO ANY PERSON WHO IS NOT 1) OVER 18 YEARS OF AGE; 2) A CITIZEN AND RESIDENT OF THE UNITED STATES OF AMERICA; OR 3) IS DETERMINED TO BE UNFIT OR INSINCERE ABOUT MEETING THE EXPECTATIONS AND RESPONSIBILITIES OF THE ROLE OF GCM. THE SALES TRANSACTION WILL BE BETWEEN THEPORTALUSA.ORG AND THE BUYING GCM. IF NO BUYER CAN BE FOUND AND 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. AS SUCH, THEPORTALUSA.ORG MAY OR MAY NOT OFFER TO PAY THE RETIRING GCM UP TO 20% OF THE ESTIMATED VALUE OF THE GCW AS DETERMINED BY THEPORTALUSA.ORG. THE VALUATION OF GCW’S WILL BE BASED ON THE TOTAL COMMISSIONS (AND OR PROFITS) RECEIVED (LESS COMMISSIONS OR PROFITS FROM ANY PRODUCTS OR SERVICES NO LONGER AVAILABLE) VIA THE GCW IN QUESTION FOR THE 12 MONTHS PRIOR THE VALUATION. SHOULD THE GCM ABANDON OR CEASE TO MANAGE AND ADD APPROPRIATE, RELEVANT, AND FREQUENT CONTENT FOR A PERIOD OF OVER 21 DAYS, NO VALUATION OF THE GCW WILL BE MADE AND THE GCM USER RIGHTS WILL BE TERMINATED. ALL GCM’S WHO EXPECT TO CEASE ACTIVITY FOR MORE THAN 14 DAYS IN A ROW ARE REQUIRED TO NOTIFY THE SITE MANAGER OF THEPORTALUSA.ORG. EACH GCM WILL HAVE THE OPTION TO ALSO REGISTER AS A TSM AND MANAGE ONE TSW.

40. ADDITIONAL PROVISIONS FOR ALL REGISTERED TOPIC SPECIFIC MANAGER’S (ALSO KNOWN AS TSM’S)

EACH TSM WILL BE RESPONSIBLE FOR ADDING APPROPRIATE AND RELEVANT CONTENT ON A FREQUENT BASIS TO THEIR ASSIGNED TOPIC SPECIFIC WEBSITE (TSW). SHOULD THE TSM CEASE ACTIVITY FOR MORE THAN 21 DAYS, OR SHOW AN INABILITY OR INSINCERITY IN HANDLING THE TSM ROLE, THE TSM MAY BE TERMINATED AND THE ASSOCIATED TSW BE REGISTERED TO ANOTHER USER. TSM’S ARE EXPECTED TO HAVE SOME EDUCATION, EXPERIENCE, OR STRONG PASSION TO SUPPORT THE SPECIFIC TOPIC OF THEIR CHOOSING. TSM’S ARE REQUIRED TO CLEAR GENERAL CONTRIBUTOR (GC) USER CONTENT FOR USE ON THEIR ASSIGNED TSW. EACH TSM WILL BE PAID A COMMISSION OF FIFTY PERCENT OF THE TOTAL COMMISSIONS GENERATED FROM SALES ON THEIR ASSIGNED TSW. TSM’S WILL ALSO RECEIVE THE PREVIOUSLY AGREED PROCEEDS FROM THE SALE OF PRODUCTS OR SERVICES PROVIDED BY THE TSM AND SOLD THROUGH OUR ECOMMERCE STORE. COMMISSIONS WILL BE TERMINATED WHEN 1) THE TSM CEASES TO ACTIVELY MANAGE HIS TSW; 2) THE TSM CEASES TO MEET THE EXPECTATIONS AND REQUIREMENTS OF THE ROLE OF TSM; OR 3) TSM’S ACCOUNT IS TERMINATED. THE TSM ACCOUNT CAN BE TERMINATED AND ASSOCIATED TSW BLOCKED AT ANYTIME WITH OR WITHOUT CAUSE AT THE SOLE DISCRETION OF THEPORTALUSA.ORG. TSM’S IN GOOD STANDING, WHO HAVE MET THE EXPECTATIONS AND REQUIREMENTS OF THE ROLE OF TSM AND HAVE GENERATED REGULAR UNIQUE VISITOR TRAFFIC AND COMMISSIONS FROM THE SALES OF PRODUCTS AND SERVICES ON HIS OR HER ASSIGNED TSW FOR A PERIOD OF AT LEAST ONE YEAR, MAY REQUEST THEIR TSW BE VALUED BY THEPORTALUSA.ORG AND OFFERED FOR SALE TO OTHER REGISTERED USERS. THE TSM MAY SELL THE CONTENT OF HIS WELL MANAGED TSW TO ANOTHER REGISTERED USER AT THE PRICE VALUED BY THEPORTALUSA.ORG OR A GREATER PRICE AS AGREED BY THE BUYER. THEPORTALUSA.ORG WILL RETAIN 50% OF THE PRICE VALUED BY THEPORTAUSA.ORG AS ITS COMMISSION IN RETURN FOR PROVIDING THEPORTALUSA.ORG SERVICES, THE NETWORK, THE ADVERTISING, THE SERVERS, THE WEBSITES, THE TRAINING, AND THE OVERALL OPPORTUNITY TO MANAGE AND GROW ONE OF THEPORTALUSA.ORG MICRO-ORGANIZATIONS. THEPORTALUSA.ORG WILL NOT ALLOW THE SALE OF THE CONTENT OR ESTIMATED “VALUE” OF ANY TSW TO ANY PERSON WHO IS NOT 1) OVER 18 YEARS OF AGE; 2) A CITIZEN AND RESIDENT OF THE UNITED STATES OF AMERICA; OR 3) IS DETERMINED TO BE UNFIT OR INSINCERE ABOUT MEETING THE EXPECTATIONS AND RESPONSIBILITIES OF THE ROLE OF TSM. THE SALES TRANSACTION WILL BE BETWEEN THEPORTALUSA.ORG AND THE BUYING TSM. IF NO BUYER CAN BE FOUND AND 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. AS SUCH, THEPORTALUSA.ORG MAY OR MAY NOT OFFER TO PAY THE RETIRING TSM UP TO 20% OF THE ESTIMATED VALUE OF THE TSW AS DETERMINED BY THEPORTALUSA.ORG. THE VALUATION OF TSW’S WILL BE BASED ON THE TOTAL COMMISSIONS (OR PROFITS) RECEIVED (LESS COMMISSIONS OR PROFITS ON ANY PRODUCTS OR SERVICES NO LONGER AVAILABLE) VIA THE TSW IN QUESTION FOR THE 12 MONTHS PRIOR THE VALUATION. SHOULD THE TSM ABANDON OR CEASE TO MANAGE AND ADD APPROPRIATE AND RELEVANT CONTENT ON A FREQUENT BASIS FOR A PERIOD OF OVER 21 DAYS, NO VALUATION OF THE TSW WILL BE MADE AND THE TSM USER RIGHTS WILL BE TERMINATED. ALL TSM’S WHO EXPECT TO CEASE ACTIVITY FOR MORE THAN 14 DAYS IN A ROW ARE REQUIRED TO NOTIFY THE SITE MANAGER OF THEPORTALUSA.ORG. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

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