The contents of the Site include, without limitation, all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork, graphics contained therein or otherwise made available to you in connection therewith (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Site” includes all of the Contents.
By using this Site, you represent and warrant that you are at least the age of majority in your province or territory of residence in Canada, or in any event, at least eighteen (18) years of age.
You acknowledge and agree that the form and nature of the Site may change from time to time without prior notice to you.
You acknowledge and agree that Porter may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally, at Porter’s sole discretion, without prior notice to you. You may stop using the Site at any time. You do not need to inform Porter when you stop using the Site or any of its features.
You acknowledge and agree that if Porter disables access to your account, you may be prevented from accessing the Site, your account details or any files or other content which is contained in your account.
Your use of the Site is subject to all applicable local, provincial, state and federal laws and regulations. You may not use, allow, or enable others to use the Site, or knowingly condone use of the Site by others, in any manner that is, attempts to, or is likely to:
Unless you have been specifically permitted to do so in a separate agreement with Porter, you agree that you will not:
In using the Site and operating a Member account, you warrant, represent and undertake that:
The Site encourages submissions to the Site by its Members. You acknowledge and agree that if you submit any information, including text, images, other media, or any other material you make available to the Site, whether by posting, uploading, displaying, performing, transmitting or otherwise, or which you otherwise provide to Porter in respect of your use of the Site (“User Content”) you will be solely responsible for such User Content. Porter will not be liable in any way for any such User Content submitted. You further agree that you will not:
Porter does not pre-screen, monitor or edit the User Content posted or submitted to the Site. However, Porter reserves the right to edit, limit or remove any such User Content in its sole discretion. Notwithstanding, you shall remain solely responsible for any User Content you submit or post.
When participating in any publicly posted User Content on the Site, you may be exposed to User Content that is inaccurate, incomplete or unsuitable. Please notify Porter (with the contact information posted at the bottom of this document) of any illegal or inappropriate User Content, and Porter will take appropriate action. Porter will ensure that any offending comments are removed, and take appropriate action against the offender. Porter will not be responsible for the User Content or accuracy of any information, and shall not be responsible for any acts taken or decisions made based on such information.
Porter may establish procedures and practices relating to the use of and participation in the Site. Such procedures and practices may include limitations on the number of entries and the size of files that may be submitted, limitations on the number and type of User Content submitted at any given time and the number of days content will be saved before deletion. Porter will not be responsible for any User Content deleted by Porter or otherwise, or for your inability to submit any User Content.
Use of certain links on the Site will direct you away from the Site to third party websites. Such third party websites are not under the control of PORTER, and PORTER is not responsible for the contents of any such website or any link contained in such website. The third party links included on the Site are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by PORTER of any such website or the products or services offered therein. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.
Any third-party content, data or publications made available through the Site are furnished by PORTER on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties, including program hosts, information providers, or any user of the Site, are those of the respective author(s) or publisher(s) and not of PORTER. PORTER DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.
Questions or requests with respect to your personal information may be sent via email to email@example.com.
You may use the Site and the Contents solely for your non-commercial and limited personal use and for no other purposes.
You may not allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Contents without the express prior written consent of PORTER or its owner if PORTER is not the owner.
Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.
You may not create a link to the Site without PORTER’s prior permission. We may, however, if requested, grant a limited, nonexclusive right to create a link to the Site provided that such link is to the entry page of the Site and does not portray PORTER or any of its activities or services in a false, misleading, derogatory, or otherwise negative manner.
We take intellectual property rights, both our own and others, very seriously.
If you are an owner of intellectual property (or the owner’s authorized agent) and believe that any of the Contents, including User Content, or the Site infringes your intellectual property, please notify us using the following procedure:
Please send a written notice of intellectual property infringement to:
In your written notice, please provide the following information:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE AND THE CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
IN PARTICULAR, PORTER AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
PORTER FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SUBJECT TO SECTION 14 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT PORTER, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
THE LIMITATIONS ON PORTER’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT PORTER HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
We may terminate your use of the Site and/or access to the Contents, features, functionality, products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
If you want to terminate your account with PORTER, you may do so by closing your account, where PORTER has made this option available to you.
PORTER may at any time, terminate your use of the Site if:
We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request.
No e-mail address found on the Site may be harvested or otherwise used for purposes of solicitation.