THESE TERMS OF USE WERE LAST UPDATED JULY 27, 2007.
Please read the following terms and conditions carefully, as they form part of the agreement between you and Portlotgic Systems Inc. (the “Company”). If you do not agree to these terms and conditions, you may not use the service and websites operated by the Company (the “Service”) and should not proceed to register.
By using the Service, you agree to be bound by these Terms of Use. If you agree with these Terms of Use, please indicate your acceptance of them by following the instructions in the registration process.
These Terms of Use sets out legally binding terms of your use of the Service and your membership in the Service and may be modified by the Company from time to time, such modifications to be effective upon posting by the Company on the Company’s website or sent via electronic mail to the email address which you provided to the Company. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in these Terms of Use, will constitute a binding acceptance by you of these Terms of Use, or any subsequent modifications.
You may also receive a copy of these Terms of Use by emailing the Company at: terms@portlogicsystems.com, Subject: Terms of Use Agreement.
1. Right to Use. The Company has a right to operate its Services under license from Portlogic Systems Inc. (the “Licensor”), a Nevada corporation. Your right to use the Service is subject to any limitations, conditions and restrictions established by the Company or the Licensor from time to time, each in its sole discretion. The Company or the Licensor may alter, suspend, or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. The Company or the Licensor may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability except as has otherwise been been provided for by contract or law.
2. Adult Eligibility. You represent, warrant, and covenant that you are at least eighteen (18) years old. You must be eighteen years if age or older to use the Service. Membership in the Service is void where prohibited. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Terms of Use contract and to abide by all of the terms and conditions of these Terms of Use.
3. Term. These Terms of Use will remain in full force and effect while you use the Service. You may terminate your membership at any time by sending to the Company your written notice of termination by post or email, and termination shall be effective upon receipt by the Company of your notice of termination. The Company shall only be required to accept an email notice of termination if sent via the email address that you have provided in your application for membership or, if the email address registered in your membership account has changed subsequently, the current email address stored in your membership account. The Company may terminate your membership for any reason, effective upon sending notice to you at the email address that you provide in your application for membership, or, if the email address registered in your membership account has changed subsequently, the current email address stored in your membership account. If the Company terminates your membership in the Service because you have breached the Terms of Use, you will not be entitled to any refund of unused subscription fees.
4. Compliance with All Laws. You agree to use the Service in a manner consistent with any and all applicable laws and regulations.
5. Security of Account. Your account is private, and you agree you shall not permit it to be used by anyone else and shall take reasonable precautions to prevent it from being used by anyone else. You are responsible for all usage or activity on the Service by users using your password, including but not limited to the use of your password by any third party or order of additional services.
6. Non-Commercial Use Only by Members. The Service is for the personal use of only individual persons using or accessing the Service (“Members”) and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service for any purpose. Illegal and/or unauthorized uses of the Service, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Service, will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. You agree that you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.
7. Proprietary Rights in Content displayed on the Service. All proprietary rights in the Service are owned and retained by the Company or the Licensor. The Services contains copyrighted material, trademarks, and other proprietary information of the Company or the Licensor. Except for that information that is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
8. Content. You acknowledge, understand and agree to the following:
a. You understand and agree that the Company or the Licensor may, but is not obligated to, review, delete, move, or edit any materials, including without limitation nicknames, identifications, content, text, messages, instant messages, photos, video, sounds, or profiles (collectively, "Content") that you use, publish, display, transmit, upload, or store (collectively, “post”) in connection with the Service that in the sole judgment of the Company or the Licensor violates these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
b. You are solely responsible for the Content that you post on or in connection with the Service, or transmit to other Members.
c. By posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company and the Licensor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
d. The following is a partial list of the kind of Content that is illegal and/or prohibited for posting to the Service or otherwise distributed in connection with use of the Service. You agree that the Company or the Licensor may investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service, terminating the membership of such violators, and/or referring the violator to the appropriate law enforcement agencies. It includes Content that:
i) is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii) harasses or advocates harassment of another person;
iii) involves the transmission of ‘junk mail’, ‘chain letters’, or unsolicited mass mailing or ‘spamming’;
iv) promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
v) 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 manufacture-installed copy-protect devices, or providing pirated music or video or links to pirated music or video files;
vi) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
vii) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
ix) solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
x) engages in commercial activities such as contests, sweepstakes, barter, advertising, and pyramid schemes and/or sales without the prior written consent of the Company;
xi) is a virus, Trojan horse, or any other type of Content that might cause harm to the Service, Company systems, Licensor systems, or to any other members’ systems in an way; or
xii) violates the law or infringes the privacy, property, or any other rights of any person.
e. You may not include in your Member profile or any other information that is publicly posted on the Service any of the following information: telephone numbers, fax numbers, street addresses, postal addresses, last names, URLs, website addresses, instant messenger addresses or nicknames, IP addresses, and email addresses.
f. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. Although the Company cannot monitor the conduct of its Members offline or when not using the Service, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect its Members from such advertising or solicitation, the Company reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number that the Company deems appropriate in its sole discretion.
g. You will keep all Content and other information obtained through use of the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you.
9. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, you agree to provide the Company’s copyright agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service; your address, telephone number, and email address; a written 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; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. The Company’s copyright agent for notice of claims of copyright infringement can be reached as follows:
Portlogic Systems Inc.
First Canadian Place, 100 King Street West, Suite 5700
Toronto, Ontario, Canada
M5X 1K7
Attention: Legal Counsel
10. Member Disputes. You are solely responsible for your interactions with other Members. You agree that each of the Company and the Licensor have the right, but no obligation, to monitor disputes between you and other Members.
11. Privacy, and Collection and Use of Personal Information. You understand and agree to the following:
a. The Company and the Licensor cannot ensure the security or privacy of information that you provide through the Internet, email messages, and other uses of the Service, and you release each of the Company and the Licensor from any and all liability in connection with the use of such information by other parties.
b. The Company and Licensor are not responsible for, and cannot control, the use by others of any information that you provide to them and you should use caution in selecting the personal information that you provide to others through the Service.
c. The Company and the Licensor are each permitted to collect and store any information that is provided by you or obtained by the Company or Licensor during your use of the Service, including without limitation the following: telephone numbers, email addresses, fax numbers, street addresses, postal code, zip code, names, URLs, website addresses, instant messenger addresses or nicknames, IP addresses, trafficking information, browsing history information, purchase history information, searching history information, registration history information, contents of communications between you and other Members, payment history, financial information, balances of accounts with the Company or the Licensor, and any information needed to complete transactions relating to payment for the Service (collectively “Personal Information”).
d. The Service may use cookies to keep track of your payment and other activity involving the Service. Cookies may be used to deliver content specific to your interests, to save your password, or to save other personal and financial information so that you do not have to reenter it each time you access or use the Service. Third party advertisers displayed on the Service may also place or read cookies on your browser. If you wish to disable these cookies, the ‘help’ portion of the toolbar on most browsers will tell you how. However, if you set your browser to disable cookies, you may not be able to access certain areas of the Service or use certain features of the Service.
e. The Company will not sell, share, or rent information collected through the Service to others in ways different from what is disclosed in these Terms of Use.
f. The Company and the Licensor are each permitted to use Personal Information to effect payments for the Service and to market to you any good, service or business that they, their subsidiaries, affiliates, or parent company, or any other third party, provides, to send you newsletters, information, offers, and other promotional materials for the Company’s, the Licensor’s, or any other third party’s goods or services. Without limiting the above, the Company and the Licensor are each permitted to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any related products or services.
g. To operate the Service, including processing your transactions and supporting your activities using the Service, the Company and the Licensor may each share your personal information with their agents, representatives, contractors and service providers so that they can provide support services such as authorization of credit card transactions, email origination, receipt or support services, customer relationship management services, order fulfillment and sweepstakes and promotional fulfillment.
h. By purchasing, or registering or making reservations for products or services offered or sponsored by third parties displayed on the Service, or electing to receive communications (such as emails or magazine subscriptions) or electing to participate in contests, sweepstakes or other programs (such as discount or rewards programs), offered or sponsored by third parties displayed on the Service, you consent to the Company and/or the Licensor providing your personal information to those third parties. Those third parties may use your personal information in accordance with their own privacy policies. You will need to contact those third parties to instruct them directly regarding your preferences for the use of your personal information by them. Additionally, you agree that the Company and the Licensor may each use and disclose all such information so submitted to such third parties in the same manner in which the Company and the Licensor are entitled to use and disclose any other information you submit to the Company or the Licensor.
i. Without limiting the above, the Company and the Licensor are each permitted to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.
j. The Service may contain links to other sites. The Company and the Licensor are not responsible for the privacy practices of other sites unless they are direct affiliates to the Company. Members are encouraged, upon leaving the websites of the Service, to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by the Company or the Licensor.
k. The Company uses encryption to protect sensitive information online, and also do everything possible to protect user-information off-line. All Member information, not just the sensitive information mentioned above, is restricted in the offices of the Company and the Licensor. Only employees or independent contractors who need the information to perform a specific job (for example, a billing clerk or a customer service representative) are granted access to personally identifiable information. All employees and independent contractors are kept up-to-date on security and privacy practices. Any time new policies are added, employees are notified and/or reminded about the importance that the Company places on privacy, and it can do to ensure that user and Member information is protected. Finally, the servers that store personally identifiable information are kept in a secure environment. The foregoing policies in this sub-item apply only to transactions and activities in which you engage, and data gathered, through use of the Service, and does not apply to any other website or offline point of contact between the Company, the Licensor, or any other company, and consumers.
12.Limitation on Liability. You acknowledge, understand and agree to that except in jurisdictions where such provisions are restricted, in no event will the Company or the Licensor be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Service, even if the Company or the Licensor has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the Company’s and the Licensor’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the lesser of the aggregate amount of damages that you have incurred or the amount paid, if any, by you to the Company and the Licensor within the last six (6) months for use of the Service.
13. Indemnity. You agree to indemnify and hold the Company, the Licensor, and each of their subsidiaries, parent companies, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties made pursuant to these Terms of Use.
14. Additional Disclaimers. You acknowledge, understand, and agree to the following:
a. The Company and the Licensor are not responsible for any incorrect or inaccurate Content posted or displayed on the Service or in connection with the Service, whether caused by users of the Service, Members or by any of the equipment or programming associated with or utilized in the Service. You acknowledge that any reliance upon any such Content, including any opinion, profile, advice, statement or information, shall be at your own risk. Users with personal problems or who may be seeking personal advice applicable to their personal situation are urged to consult with a qualified counselor with respect to such issues.
b. The Company and the Licensor are not responsible for the conduct, whether online or offline, of any Memebr or user of the Service.
c. The Company and the Licensor are not responsible 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, user or Member communications.
d. The Company and the Licensor are 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 email or players, technical problems, traffic congestion on the Internet or at any website or combination thereof, or any other suspension of the Service, regardless of the cause of the interruption or suspension, or any injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Service.
e. The Company and the Licensor are not responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Service, any Content posted on the Service or transmitted to Members, or any interactions between users of the Service, whether online or offline.
f. The Service is provided ‘as-is’ and the Company expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Company cannot guarantee and does not promise any specific results from use of the Service. The Company does not warrant that the Service will be uninterrupted or error-free. Where permitted by law, you acknowledge and agree that the Service is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge and agree that use of the Service is at your own risk.
15. U.S. Export Controls. Software from this Service (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
16. Governing Law. You agree that these Terms of Use will in all respects be governed exclusively by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and will be treated in all respects as a Province of Ontario contract. Any disputes arising out of these Terms of Use will be subject to the courts of the Province of Ontario and the federal courts applicable within that jurisdiction. You agree that any dispute eligible to be brought before the Small Claims Court in the Province of Ontario shall be brought before a Toronto branch of the Small Claims Court.
THE PARTIES SPECIFICALLY AGREE THAT THE PERFORMANCE OF THIS AGREEMENT, IN ALL ITS ASPECTS, DOES NOT TAKE PLACE OUTSIDE THE JURISDICTION OF THE PROVINCE OF ONTARIO, CANADA.
17. Other. You understand and agree to the following:
a. These Terms of Use, accepted upon use of the Service and further affirmed by becoming a Member, contains the entire agreement between you and the Company regarding the use of the Service. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect.
b. You do not have the right to assign these Terms of Use or any of your rights to the Service to anyone. The Company has the right to assign any or all of its rights and duties under these Terms of Use or to the Service to any third party. At the election of the Company, if the Company’s obligations hereunder are assumed by a third party, the Company shall be relieved of any and all liability under these Terms of Use.
c. If any portion of these Terms of Use is declared invalid or unenforceable, it shall be severed and the remaining portion of these Terms of Use shall nevertheless remain in full force and effect.
SATISFACTION GUARANTEE
Portlogic provides a Satisfaction Guarantee where you have the option to end the Agreement for any reason within ninety (90) days from the date of entering into the Agreement by providing written notice to Portlogic to end the Agreement in accordance with this Satisfaction Guarantee. If you choose to end the Agreement in accordance with this Satisfaction Guarantee, you will receive a refund of fees paid in advance for Fixed Services less any outstanding fees payable to Portlogic. Fees for the Initial Setup Services, Variable Services, and Additional Services are non-refundable.