Effective Date: August 21, 2017
The following terms and conditions govern your use of Portage Strategies’ web site (“Site”). YOUR USE OF THE SITE MEANS THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THIS SITE.
Portage Strategies may modify these terms from time to time without notice to you. We may also impose rules for, and limits on the use of the Site or restrict your access to part, or all, of the Site without notice. You should check these terms periodically for modifications. By continuing to use the Site after any changes are posted, you acknowledge acceptance of those changes.
Other Terms; Customer Registration
Any documents on the Site (e.g., brochures, product descriptions, and FAQs), are the copyrighted work of Portage Strategies and/or its suppliers and are protected under the United States and worldwide copyright laws and treaty provisions. Unless any Additional Terms apply, Portage Strategies permits you to copy and use such documents so long as each copy (i) is solely for your informational, non-commercial use in support of your evaluation or use of Portage Strategies products or services, (ii) is not modified or revised in any manner, and (iii) displays all copyright and other proprietary notices, in the same form and manner as on the original. For the avoidance of doubt, such documents do not include (a) the design or layout of this Site, or (b) any software or other materials which are governed by a license or services agreement separate from these terms.
Portage Strategies trademarks may be used only with written permission from Portage Strategies and proper acknowledgement. Any other trademarks, brands, and names displayed on the Site are the property of their respective owners. All Rights Reserved. Except as expressly granted to you in a separate written agreement with Portage Strategies, Portage Strategies and its suppliers and licensors do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. You may not mirror or frame any of the content of this Site on another web site or in any other media, nor may you attempt to gain unauthorized access to any portion of the Site or any other accounts, systems or networks connected to the Site.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS
UNLESS OTHERWISE EXPRESSLY PROVIDED IN ADDITIONAL TERMS, OR AS REQUIRED UNDER APPLICABLE LAW:
1. THE SITE IS PROVIDED "AS IS", AND PORTAGE STRATEGIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, and
2. IN NO EVENT SHALL PORTAGE STRATEGIES OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOSS OF PROFITS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA OR FOR ANY OTHER DAMAGES OR LOSSES OF ANY NATURE, ARISING OUT OF OR IN CONNECTION WITH THIS SITE OR ANY MATERIALS ACCESSIBLE ON OR FROM THE SITE.
Lawful Use of Site
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site, including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Access to the Site and its services is prohibited from jurisdictions where the contents of the Site or its services are illegal or penalized.
Third Party Products or Sites
Mention of non-Portage Strategies products or services, or links to third party sites, is for information purposes only and constitutes neither an endorsement nor a recommendation. Portage Strategies is not responsible for any third party sites, whether or not linked to or from this Site.
Portage Strategies is free to use and exploit in any way, and may assign and transfer such rights, any and all suggestions, ideas, enhancement requests, feedback, recommendations or other information you provide Portage Strategies regarding this Site or any of its services, without obligation or liability, including payment of any royalties or other fees.
These terms are governed by the laws of the State of California, U.S.A., not including its conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is disclaimed. Except for actions for injunctive relief relating to proprietary rights or enforcement or recognition of any award or order in any appropriate jurisdiction, actions relating to this Agreement shall be brought in the state courts located in and serving Monterey County, California or the federal courts for the Northern District of California. The parties consent to the personal and exclusive jurisdiction of these courts.
Other than Additional Terms, any modifications to these terms must be authorized by Portage Strategies. The waiver of any default does not waive subsequent defaults of the same or different kind. We are not responsible for any failure to perform due to unforeseen circumstances or to causes beyond our control.