Terms Of Services & Conditions Of Use
IMPORTANT! PLEASE READ THIS DOCUMENT CAREFULLY BEFORE MAKING A PURCHASE, ACCESSING OR USING OUR WEBSITE.
ALL SALES ARE FINAL – THERE IS NO TRIAL PERIOD
By making a purchase and using this website, you agree to obey these Terms of Service and Conditions of Use. Please read them carefully.
THESE TERMS OF SERVICE (“TOS”) GOVERN YOUR (“YOU”) USE OF ezonlineprinter.com, trophyclients.com, portsidemarketing.com (and other “internal” or “subdomain” websites stemming from it, such as specific membership sites or webpages pertinent to the main website or weblog), an online (and, periodically, offline) information service and is subject to your compliance with the terms and conditions set forth below (all parts and parties collectively referred to as our “Website” or “Site”). THIS SITE IS PROVIDED BY Portside Marketing, LLC (hereinafter referred to as our “Company”). BY ACCESSING THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS OF SERVICE AND OUR PRIVACY POLICY.
Use of Service
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE OUR WEBSITE. IF YOU DO NOT UNDERSTAND THESE TERMS AND CONDITIONS, DO NOT USE OUR WEBSITE. WE MAY MODIFY THIS AGREEMENT AT ANY TIME WITHOUT INDIVIDUAL, SPECIFIC NOTICE TO YOU, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON OUR WEBSITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF OUR WEBSITE AFTER SUCH NOTICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT, INCLUDING ANY AND ALL MODIFICATIONS, ADDITIONS, DELETIONS, OR OTHER CHANGES.
OUR WEBSITE AND CONTENT ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. OUR WEBSITE AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING (BUT NOT LIMITED TO) THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. OUR WEBSITE AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Any other policies, notices, or other legal/administrative pages contained in our website are necessarily incorporated into these Terms of Service and Conditions of Use. This may include, without limitation, a DMCA Policy, Privacy Policy, Disclaimer, Copyright Notice, Earnings Disclaimer, Anti-Spam Policy, and FTC Compliance Policy.
You agree to obey all applicable laws and regulations regarding your use of our ezonlineprinter.com, trophyclients.com, portsidemarketing.com website (and other “internal” or “subdomain” websites) and the content and materials provided in it.
Third Party Notice:
You understand, acknowledge, and accept the fact that, unless explicitly stated, our Company is an independent, stand-alone entity that has no relationship, connection, or affiliation whatsoever with any company, person, outfit, organization, or group mentioned herein, even if such name appears in our website name, domain, URL, or otherwise. You should not assume, even if a company name is in the website/domain name of this website, that there is an express, implied or otherwise agreement, joint venture, partnership, or other relationship between us as website proprietors and any of these companies that are discussed merely for educational or other purposes.
You should assume no other party, by mere mention of their name, has endorsed anything you see here. In such cases the aim is simply to provide useful resources for our readers, some of which we may be compensated for. You should assume at all times we are being compensated and, while that may not prompt us to make unsound recommendations, you should always be responsible for your own financial decisions, be it investing, purchasing, donating, or otherwise.
Children’s Privacy
This Site is not intended for use by children under 18 years of age. YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THE SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS SITE FOR ANY REASON.
Registration
To access this Site or use certain features of the Site, You will have to provide certain information and create a member or affiliate account (as applicable, an “Account”). This is a paid membership site. Your payments must be in good standing or your account will be terminated until payment is made. Any information You provide is subject to our Privacy Policy. In addition, in order to create an Account, You must read, understand and agree to the terms and conditions. It is a condition of Your use of the Site that all the information You provide is correct, current, and complete. If our Company believes the information You provide is not correct, current, or complete, our Company has the right to refuse You access to the Site or any of its resources, and to terminate or suspend Your access at any time, without notice.
Proprietary Information
The material and content (hereinafter referred to as the “Content”) accessible from the Site, and any other World Wide Site owned, operated, licensed, or controlled by our Company is the proprietary information of our Company or the party that provided the Content to our Company (“Owner”), and our Company or the Owner retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of our Company, or unless authorized in writing elsewhere on our site, except that You may print out a copy of the Content solely for Your personal use. In doing so, You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these TOS violates our Company’s intellectual property rights. Except as expressly provided herein, nothing on the Site shall be construed as conferring any license under our Company’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, our Company may revoke any of the foregoing rights and/or Your access to the Site, or any part thereof, including the blocking of Your IP Address, at any time without prior notice.
Restrictions On Use
You may use the Site for purposes expressly permitted by the Site. You may not use the Site for any other purpose, including any commercial purpose, without the express prior written consent of our Company. For example, You may not (and may not authorize any other party to) (i) co-brand the Site, or (ii) frame the Site, (iii) hyper-link to the Site, (iv) use any tradename, trademark, or brand name of our Company in metatags, keywords and/or hidden text, (v) copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise display the Content, in whole or in part, or modify, translate, alter or create any derivative works thereof, except as permitted above, (vi) use the Site, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to our Company, the Owner, or any third party referenced therein, or (vii) use the Content, and/or any services and products on the Site or accessible via the Site for unlawful purposes, including, without limitation, for use in connection with any unlawful telemarketing campaign or practice. For purposes of these TOS, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or content accessible within the Site. You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
Copyright Notice
The following describes the Copyright Notice for our Website.
The entire contents of our Portside Marketing, LLC Website are protected by intellectual property law, including international copyright and trademark laws. The owner of the copyrights and/or trademarks are our Website, and/or other third party licensors or related entities.
You do not own rights to any article, book, ebook, document, blog post, software, application, add-on, plugin, art, graphics, images, photos, video, webinar, recording or other materials viewed or listened to through or from our Website or via email or by way of protected content in a membership site. The posting of data on our website, such as a blog comment, does not change this fact and does not give you any right in the data. You surrender any rights to your content once it becomes part of our website.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON OUR WEBSITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You must retain all copyright and other proprietary notices contained in the original material on any copy you make of the material. You may not sell or modify the material or reproduce, display, publicly perform, distribute, or otherwise use the material in any way for any public or commercial purpose. The use of paid material on any other website or in a networked computer environment for any purpose is prohibited. If you violate any of the terms or conditions, your permission to use the material automatically terminates and you must immediately destroy any copies you have made of the material.
You are granted a nonexclusive, nontransferable, revocable license to use our Website only for private, personal, noncommercial reasons. You may print and download portions of material from the different areas of the Website solely for your own non-commercial use, provided that you agree not to change the content from its original form. Moreover, you agree not to modify or delete any copyright or proprietary notices from the materials you print or download from Portside Marketing, LLC. Also note that any notice on any portion of our website that forbids printing & downloading trumps all prior statements and controls.
Trademarks
Website URLs, publications, products, logos, content or services referenced herein or on our Website are the exclusive trademarks or service marks of Portside Marketing, LLC or related parties. Other product and company names mentioned in our Website may be the trademarks of their respective owners. Our Company and any party that provided trademarks, service marks, and logos to our Company retain all rights to their respective trademarks, service marks, and logos appearing in the Site.
Disclaimer
The following describes the Disclaimer for our Website(s).
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. Our Company DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Our Company DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Our Company DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND Our Company MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT our Company, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ITS CONTENT. Our Company MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN our Company HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM our Company, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. THE INFORMATION PROVIDED ON THE SITE IS FOR CONVENIENCE ONLY AND our Company DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SUBMISSIONS OR ANY HYPERLINKED SITE AND our Company 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 ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED NO ASSURANCES FROM our Company THAT YOU WILL OBTAIN ANY PARTICULAR AMOUNT OF EARNINGS AS A RESULT OF THE PROGRAMS DESCRIBED IN THIS SITE OR THAT YOU WILL RECOUP ANY EXPENDITURES INCURRED BY YOU.
THE OPINIONS, ESTIMATES, EXPECTATIONS, AND PROJECTIONS CONTAINED IN ANY DISSEMINATED INFORMATION ARE ACCURATE AS OF THE DATE OF RELEASE AND ARE SUBJECT TO CHANGE WITHOUT ADDITIONAL NOTICE. WE DO OUR BEST TO ENSURE THAT THE RESEARCH HAS BEEN COMPILED, OBTAINED, DISCERNED, OR INTERPOLATED FROM RELIABLE AND TRUSTWORTHY SOURCES, AND THEREFORE BELIEVE THE POSITIONS AND BELIEFS SHARED ARE ACCURATE AND COMPLETE, THOUGH OBVIOUSLY NOT ALL MATERIAL KNOWN OR OBTAINED WILL BE CONTAINED, AS DISTILLING INFORMATION INTO MANAGEABLE QUANTITY IS IN LARGE PART A GOAL. WE AT Portside Marketing, LLC ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS CONTAINED IN ANY DISSEMINATED MATERIAL AND ARE NOT LIABLE FOR ANY LOSS INCURRED AS A RESULT OF USING THE MATERIAL IN ANY WAY. THE INTENT IS MERELY TO PROVIDE USEFUL INFORMATION, PRODUCTS, AND SERVICES, SOME OF WHICH WE MAY BE COMPENSATED FOR.
THIS WEBSITE CONTAINS OR MAY CONTAIN “FORWARD LOOKING STATEMENTS” WITHIN THE MEANING OF SECTION 27A OF THE SECURITIES ACT OF1933 AND SECTION 21B OF THE SECURITIES EXCHANGE ACT OF1934. ANY STATEMENTS THAT EXPRESS OR INVOLVE DISCUSSIONS WITH RESPECT TO PREDICTIONS, EXPECTATIONS, BELIEFS, PLANS, PROJECTIONS, OBJECTIVES, GOALS, ASSUMPTIONS OR FUTURE EVENTS OR PERFORMANCE ARE NOT STATEMENTS OF HISTORICAL FACT AND MAY BE “FORWARD LOOKING STATEMENTS.” FORWARD LOOKING STATEMENTS ARE BASED ON EXPECTATIONS, ESTIMATES AND PROJECTIONS AT THE TIME THE STATEMENTS ARE MADE THAT INVOLVE A NUMBER OF RISKS AND UNCERTAINTIES WHICH COULD CAUSE ACTUAL RESULTS OR EVENTS TO DIFFER MATERIALLY FROM THOSE PRESENTLY ANTICIPATED. FORWARD LOOKING STATEMENTS IN THIS ACTION MAY BE IDENTIFIED THROUGH THE USE OF WORDS SUCH AS “EXPECTS”, “WILL,” “ANTICIPATES,” “ESTIMATES,” “BELIEVES,” OR STATEMENTS INDICATING CERTAIN ACTIONS “MAY,” “COULD,” OR “MIGHT” OCCUR.
User Conduct Agreement
As a user of our Website, you agree to use the products and services offered by our Website in a manner consistent with all applicable local, state and federal laws and regulations. No material shall be stored or transmitted which infringes or violates the rights of others, which is unlawful, obscene, profane, indecent or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights.
Our Website prohibits conduct that might constitute a criminal offense, give rise to civil liability or otherwise violate any law. Any activity that restricts or inhibits any other Portside Marketing, LLC user from using the services of our Website is also prohibited. Unless allowed by a written agreement, you may not post or transmit advertising or commercial solicitation on our Website.
Links to Our Website
You may provide links to our Website, provided you do not change, remove, or obscure the copyright notice or other notices on our Website. Your website or other source of links must not engage in illegal or pornographic activities. Finally, you may link provided you understand that you must stop linking to our Website immediately upon request by our Company. You may NOT load our website in whole or in any part using iFrames without written permission.
Federal Trade Commission Compliance
The following describes the Federal Trade Commission Compliance for our Website(s).
We make every effort at candor regarding any products or services we use, recommend, or otherwise make mention of at Portside Marketing, LLC. We strive to clearly differentiate between our own products or services versus those of third parties, to facilitate inquiries, support, and customer care. Likewise, just as we (and any other legitimate business) may profit from the sale of our own products or services, we may also profit from the sale of others’ products or services (like any retailer) at our Website. Additionally, wherever products or services may give rise to income generation, we endeavor to provide realistic and factual data, but highlight the fact that the variables impacting results are so numerous and uncontrollable that no guarantees are in any way made. It is our goal to embrace the guidelines and requirements of the Federal Trade Commission (FTC) for the benefit of all, and with that in mind provide the following disclosures regarding compensation and disclaimer regarding earnings & income.
Note that material connections may not be made known at every single advertisement or affiliate link. Thus, to be safe, you should always assume there is a material connection and that we may receive compensation in money or otherwise for anything you purchase as a result of visiting this website, and also that we may be paid merely by you clicking any link.
Amazon.com
One or more parties affiliated or associated with our Portside Marketing, LLC website in some way may be an Amazon.com affiliate. This means that links to products on Amazon.com, as well as reviews leading to purchases, can result in a commission being earned. Again, disclosure of this material connection and the potential for compensation may not be made at every single possible opportunity. To be safe, always assume there is a material connection and potential for compensation at all times. While this does not imply skewed or unduly biased reviews, full disclosure calls for this warning.
Compensation
You should assume that we may be compensated for purchases of products or services mentioned on this Website that are not created, owned, licensed, or otherwise materially controlled by us. Stated differently, while most people obviously understand that individuals make a living by way of the profit that remains after the costs associated with providing their product or service are covered, at least theoretically there may be someone out there who does not understand that a third party can “affiliate” someone else’s products or services and be compensated by the product or service creator/owner for helping spread the word about their offering. Just compare it to retailers. They seldom produce anything, but rather make their money connecting product and service creators with end users.
Admonition
You cannot count on anyone looking after your interests but you. So, You should always do your own research into various offers and opportunities, to the extent that leaves you comfortable, (i.e. do your own due diligence) prior to making any purchase of any product or service from this Website or any other. Here is a great set of guidelines for you to keep in mind:
First, always operate from the position that any website proprietor, including us at Portside Marketing, LLC, will have a material connection to the product or service provider, and may be compensated as a result of your purchase, unless expressly stated otherwise. Aside from Your purchases, note that even your actions could result in earnings for this Website. For instance, there could be ads displayed on this Website that we are compensated for displaying whenever a website visitor clicks on them.
Second, to the extent that we have every interest in positively furthering our business relationship with You, we certainly desire to share only those offerings that we believe will benefit you. Just because we are not the founder or originator of the product or service, we are not going to withhold knowledge of this offering from You. If You can get some benefit from it, regardless of whether or not you’ve taken advantage of our own products and/or services, we want You to do well. Thus, we make a good faith effort to only present to you items that we either personally use, have actually tried, or have faith in the reputation of the provider or concept. We make this determination based on all relevant and applicable information at the time of the recommendation.
Third, despite the fact that it would be counterproductive to mention products or services that you’ll find disappointing or inferior, not only are people different, but it’s also possible for us to have a lapse in judgment. Thus, to be extra cautious, even if You believe in our good faith motives, You should keep in mind that we could be at least partially influenced by the monetization factor of listing various products or services on our Website(s). Furthermore, in that vein, the reality is that there are sometimes other connections between parties that are not monetary, such as personal capital, goodwill, or otherwise, that could be an underlying undercurrent swaying the decision to promote a particular offering. Due to this hypothetical possibility, You should not rely solely on what we have to say, but rather form Your own independent opinion just to be safe. Finally, bear in mind that we might also receive free products or services, gifts, or review copies of items as well.
Testimonials
Testimonials about the outcome or performance of using any product or service are provided to embellish your understanding of the offering. While great effort is made to ensure that they are factually honest, we at Portside Marketing, LLC are not liable for errors and omissions. Aside from human error, some information may be provided by third parties, such as customers or product/service providers. The best results are not uncommonly correlated with the best efforts, discipline, diligence, and so on, and thus the results depicted cannot, in any way, be construed as common, typical, expected, normal, or associated with the average user’s experience with any given product or service. Exceptional results may be depicted by our website as highlights, but you are responsible for understanding that atypical outcomes may not reflect your experience. Aside from market conditions, products and services change over time. Older products may lose effectiveness. Newer products may not have a reliable track record.
Where products or services might pertain to earning money, the same safeguards about use of testimonials apply. Additionally, note that any related income figures are highly specific to the individual or entity that produced those results, and there can be no assurance that you will be able to leverage the same, or similar, products or services to achieve comparable results. The results, though real, may be the result of the conflation of a number of favorable circumstances that would be difficult to replicate, and so you must proceed with the knowledge that your outcome can differ from any shared on our website.
Furthermore You acknowledge that by submitting testimonials on our Website or via any other communications such as blogs, forums, email correspondence, etc., you are authorizing our Company to use Your success story in future publications to include (but not limited to) digital, print, and online publications.
Use Of Products & Services
The following are facts you should be advised of if you intend to take advantage of any products or services.
The price paid for products and services change over time. Even the prices of staples and basic commodities change, and there are many factors such as supply and demand, sales and other customer acquisition incentives, and more. Price, and value, can be quite relative. Technology, innovations, product improvements, market penetration, and numerous other factors all weigh in. It is impossible to define the “right” price for any product and service. Willing buyers and willing sellers determine price at any given time. You accept the fact that your purchase reflects your own attribution of value at the time of purchase, and that the price may increase or decrease in the future.
The outcome you experience is dependent upon many factors. Aptitude and attitude go a long way towards success with products and services in virtually any niche, whether fitness or making money. Circumstances, experience, innate abilities, personality, education, time commitments, and perseverance are just a few factors. Given the smorgasbord of interrelated variables, there is no way to reasonably predict your specific outcome with any degree of reliability or certainty.
Income-Producing Products & Services
Income-producing products & services are likewise subject to the above cautions. In addition, however, there are additional factors we like to point out at Portside Marketing, LLC. Unlike weight loss products or self-help materials, income-producing methods are influenced by the overall health of the economy in which one operates. In times of liquidity, money flows freely and commerce is easier. In times of perceived scarcity, fear, recession, depression, or otherwise, commerce is stymied. Results can be influenced by market sentiment, just as the stock market indices around the world are swayed heavily on news.
Income-producing products & services purchased should be viewed as just that – purchases. Though they can be investments in one’s business, it is not unreasonable to expect that there may not be an express return on that investment, per se. Often, business success is the convergence of a number of factors, methods, strategies, and so on. It can be hard to peg success to one method or machination. This does not necessarily undermine value of any given product or service, as it can have an additive effect. Or, it may have no effect. Since it can be difficult to tell, you should operate on the assumption that your outcome could be zero. We make no guarantees and you should only risk what you can afford to lose on any purchases on or through our Website(s).
Earnings & Income
In light of all of the factors above, impinging on the very nature of income-producing products and services, there is no way to guarantee results of any kind whatsoever. Accordingly, we affirmatively declare that we make no guarantees as to your earnings & income of any kind, at any time.
As with any business endeavor or investment, past performance is no guarantee or predictor of future performance. Any testimonials or other representations of results are for illustrative purposes only and, though every effort is made to ensure they’re factually honest, they are not intended to imply or insinuate what is likely to happen with you. Your reliance on them as such is not advised.
It should be noted that “earnings & income” is so phrased with specific intent. While income may typify the earnings most either seek or are accustomed to, earnings can come in non-monetary forms. These include some forms that are abstract or intangible, and thus not readily converted to currency or a common medium of exchange. Thus, note that all manner of compensation, including earnings of a non-income yet nevertheless beneficial form, are covered by these provisions.
Affiliates & Other Third Parties
It should also be noted that we only have control over, and thus only accept responsibility for, the content of this our Company’s website authored by us. Any representations made by others should be considered prima facie unauthorized. You may also read, hear, or otherwise come into contact with commentary about any of our products & services or offerings, and should assume those have likewise not been authorized.
While information, in any form, can arise, at any time, regarding our products & services, there may be times when this results from an affiliate relationship. In other words, we may permit our products & services to be marketed through other individuals, businesses, websites, and otherwise, just as providers of goods and services use retailers and other vendors to make available what they offer.
You should not construe a third-party offer as an endorsement by that third party of any product or service. You should, more conservatively, view it as an offer to buy something. Likewise, as alluded to previously, note that we cannot fully control all marketing practices by all parties. With the use of “mirror” sites, indirect or unauthorized affiliates, “tiered” affiliate structures, and so on, policing the world wide web with any modicum of thoroughness is unlikely. We make reasonable efforts to ensure our affiliates comply with our policies and represent our products & services consistent with our guidelines. However, at Portside Marketing, LLC we cannot always guarantee they will do so. You are always free to report concerns or abuses via our Contact information.
Customer Care
Please note that our role in briefing you on products and services other than our own is strictly as a “matchmaker.” We do not provide any support or customer service for those items and you should always contact the owner or provider of those products or services to have any and all questions answered to your satisfaction before purchasing.
DMCA Compliance
The following describes the DMCA Compliance for our Website(s).
We at Portside Marketing, LLC are committed to responding to any alleged copyright violations, should they occur. Notice of any alleged violation should take the form proposed by the U.S. Digital Millennium Copyright Act as revealed at http://www.copyright.gov.
Remedy
If any material infringes on the copyright of any offended party, we may remove the content from our Website, prevent access to it, terminate or block access for those responsible for the content, and/or any other action deemed appropriate. We may also pass along record of the incident for documentation and/or publication by third parties at our discretion.
Not Legal Advice/No Attorney-Client Relationship
If you believe your rights have been violated, it can be a serious matter. This DMCA notice exists solely to effectuate our efforts, as website owners, to prevent and eliminate infringement on intellectual property rights. It is no substitute for the assistance of competent legal counsel. Other remedies and action, such as against an internet service provider (ISP), may exist. You may wish to seek legal help immediately.
Notification
For your convenience and to speed resolution, notice of alleged infringement may be tendered to Portside Marketing, LLC via email, using the email address and/or contact information provided on this website. We warn that you will be liable for any and all statutory and common law damages, as well as court costs and attorney fees, if you falsify a claim that your copyrights have been violated. Six figure awards have already been granted for bogus complaints, so seeking the help of competent counsel is advised.
Assuming you still wish to assert copyright violation, you should provide the following to speed up the process:
STEP 1. Identify in adequate detail the copyrighted item you believe has been violated, by providing the URL to the protected work, ISBN#, or otherwise.
STEP 2. Identify the URL of the webpage that you assert is infringing the copyrighted work listed in item #1 above.
STEP 3. Provide contact information for yourself (email address is preferred, phone is suggested).
STEP 4. Provide information sufficient to allow us to notify the owner/administrator of the allegedly infringing webpage or other content such as a blog or forum posting (email address is preferred).
STEP 5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
STEP 6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
STEP 7. Digitally sign your affirmation.
Counter-Notification
Note that the party representing the affected website or provider of content can issue a counter-notification under sections 512(g)(2) and (3) of the Digital Millennium Copyright Act, and so we may again post or link to the content in that case.
For your convenience, counter notification may be tendered via email, using the email address and/or contact information provided on this website. We warn that you will be liable for any and all statutory and common law damages, as well as court costs and attorney fees, if you falsify a claim that others’ copyrights have NOT been violated
Assuming you still wish to file a counter-notice, you should provide the following to speed up the process:
STEP 1. Identify the specific URLs or other unique identifying information of material that we have removed or disabled access to.
STEP 2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
STEP 3. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that each item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown.”
STEP 4. Digitally sign the affirmation.
Privacy Policy
Our Company will treat any personal information that You submit through the Site in accordance with its Privacy Policy, which is incorporated herein by reference and made a part of these TOS.
No Archive
Notwithstanding anything contained herein, the functionality provided to You by the Site and our systems, networks and servers are not an archive and our Company shall have no liability to You or any other person for loss, damage, or destruction of any Submission or any other information submitted to or via the Site. You shall be solely responsible for maintaining independent archival and backup copies of any Submission and for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. Our Company does not assume any responsibility or risk for Your use of the Internet.
Limitation On Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER our Company, ITS OWNERS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS WILL BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF our Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY EVEN IF our Company WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SITE OR ITS TOS OR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SITE AND ITS SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST our Company AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF our Company AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO our Company FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
Training Materials
All training materials are provided for informational purposes only. There are no guarantees as to the effectiveness or legality of these techniques. It is up to you to consult legal counsel in regards to any activity that may be questionable.
Software
Any software or related materials that are made available to download from this Site or otherwise provided to you is the copyrighted work of Portside Marketing, LLC, its subsidiaries or partners. You must be a registered subscriber in order to download and/or use the Software. Any reproduction or redistribution of the Software is prohibited. Software is provided as is. There is no guarantee of future updates or support for any provided software.
Refunds
“No Refunds” All sales are final. It is impossible for you to return digital content once we have shared it with you. You are free to ask any questions you may have about our products or program prior to purchasing. We are happy to help answer questions you have while going through the course. Once you have purchased the program you have consumed the product and it is not returnable. Feel free to contact us with any questions by sending an email to support@ezonlineprinter.com.
Warrior Forum/Clickbank/Third Party Sales Sites
Some materials sold on third party-sites such as Clickbank.com and warriorforum.com require us to offer a money back guarantee. These guarantees follow the guidelines of the third-party sites and only apply to those specifics products bought directly on those sites. Additional purchases made of products or services not on those third-party sites have no guarantees and will not be eligible for refunds.
Chargebacks
By purchasing a product or service from our Company you agree to the terms of use (TOS) and agree not to file a chargeback with your bank, credit card company or any other payment service used to make a purchase from our Website(s), our Company, or its affiliates, subcontractors, or employees.
Payment plans
If you signed up for a multi pay option to purchase a product, service, or membership you are obligated to make all payments on time. If you fail to make all payments your account will be terminated and you will forfeit all previous payments made.
Security
Any passwords used for the Site are for individual use only. You will be responsible for the security of Your password (if any). Our Company will be entitled to monitor Your password and, at its discretion, require You to change it. If You use a password that our Company considers insecure, our Company will be entitled to require the password to be changed and/or terminate Your account. PLEASE NOTE THAT WHILE our Company IS NOT RESPONSIBLE FOR ANY ACTIVITY THAT TAKES PLACE USING YOUR PASSWORD, YOU ARE RESPONSIBLE FOR ANY AND ALL DAMAGES THAT RESULT FROM USE OF YOUR PASSWORD.
You are prohibited from using any services or facilities provided in connection with the Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If You become involved in any violation of system security, our Company reserves the right to release Your details to system administrators at other sites in order to assist them in resolving security incidents. Our Company reserves the right to investigate suspected violations of these TOS.
Our Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing our Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these TOS.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS Portside Marketing, LLC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY our Company DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER our Company OR LAW ENFORCEMENT AUTHORITIES.
United States Only
By using the Site, You agree and acknowledge that the Site is hosted in the United States. If You are attempting to access the Site from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through Your continued use of this Site, which is governed by U.S. law, this TOS, and the Website Privacy Policy, You are transferring Your personal information to the United States and You consent to (i) such transfer, (ii) the application of the laws of the United States and/or the State of Idaho with respect to any dispute arising from or related to the Privacy Policy and/or Your use of the Site, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Idaho, and (iii) the exclusive jurisdiction of the courts of the United States and the State of Idaho. Any claim or dispute between You and our Company that arises in whole or in part from Your use of the Site or in connection with the Privacy Policy shall be decided exclusively by a court of competent jurisdiction located in Boise, Idaho, U.S.A. Each party hereby agrees that such court shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum.
Use of our Website and Professional Consultation
Your use of our Portside Marketing, LLC Website or materials linked to our Website is completely at your own risk. We are in no way purporting to counsel you on issues related to law, finances, or health. Nothing we may ever communicate at Portside Marketing, LLC, in print or spoken word, will ever be intended to constitute any such counsel, as we do not claim to be professionals in any of those disciplines. You assume all risk for actions taken, losses incurred, damages sustained, or other issues stemming from your use of any product or service in any way connected with or mentioned on this Website. Indeed, such decisions are solely your own, or else determined in conjunction with the professional guidance of the advisor of your choosing. You agree, acknowledge, and accept that we are not trained professionals and do not purport to render professional or expert advice in any arena.
Data contained on or made available through our Website is not intended to be, and does not constitute, legal advice. Our website, and your use of it, does not create an attorney-client relationship. You should not act or depend on any data on our website, where applicable, without seeking the counsel of a competent lawyer licensed to practice in your jurisdiction for your particular legal issues. The law is constantly changing and the data may not be complete or accurate depending on your particular legal issue. Each legal issue depends on its individual facts and different jurisdictions have different laws and regulations.
Data contained on or made available through our Website is not intended to be, and does not constitute, medical or health advice. Our website, and your use of it, does not create a physician-patient relationship. You should not act or depend on any data on our website, where applicable, without seeking the counsel of a competent physician licensed to practice in your jurisdiction for your particular medical issues. Medical issues are complex, and can often stem from both organic and psychological factors. Never should a website be used as a source of diagnosing or treating medical problems.
Data contained on or made available through our Website is not intended to be, and does not constitute, financial/investing advice. Our website, and your use of it, does not create an advisor-client relationship. You should not act or depend on any data on our Website, where applicable, without seeking the counsel of a competent financial advisor licensed to practice in your jurisdiction for your particular financial needs and issues. Financial matters are highly individualistic. Risk tolerance is just one factor to consider before making any investments or financial decisions. For these, and other, reasons, you should look to the guidance of a trained professional, not a website.
We may make changes to the features, functionality or content of our Website at any time. We reserve the right in our sole discretion to edit or delete any data appearing on our Website.
Your Duty To Other Users
Your use of our website is for your own personal, non-commercial benefit. In no way are you to leverage our Website in a way that mines for the personal information of other, whether in blog comments or otherwise, for your own use or for the benefit of others. This includes, but is not limited to, spam (unsolicited commercial email).
If you inadvertently obtain personal information about other users, you shall not share this with anyone else.
Restricted access
Access to certain areas of our Website may be restricted. We reserve the right to restrict access to other areas of our Website, or indeed our whole Website, at our discretion.
If we provide you with a user ID (username) and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You may not share your user ID and/or password with anyone for any reason, either directly or indirectly. You accept responsibility for all activities that occur under your user ID or password.
We may disable your user ID and password at our sole discretion or if you breach any of the policies or terms governing your use of our Portside Marketing, LLC website or any other contractual obligation you owe to us.
Third-Party Products/Services
You understand that, except for information, products or services clearly identified as being supplied by our Website, our Website does not operate, control or endorse any information, products or services on the Internet in any way. Except for information identified by our Website as such, all information, products and services offered through our Website or on the Internet generally are offered by third parties that are not affiliated with our Website, and we may be compensated.
Viruses, etc.
You also understand that our Portside Marketing, LLC website cannot and does not guarantee or warrant that files available for downloading through our website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to our website for the reconstruction of any lost data.
Assumption of Risk
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE AND THE INTERNET. OUR COMPANY PROVIDES OUR WEBSITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE PRODUCT OR SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND OUR WEBSITE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. OUR WEBSITE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. OUR WEBSITE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS YOU MIGHT SOMEHOW ACCESS.
Limitation of Liability
The content may contain inaccuracies or typographical errors. Our Website makes no representations about the accuracy, reliability, completeness, or timeliness of the content or about the results to be obtained from using our Website or the content on it. Use of our Website and the content is at your own risk. Changes are periodically made to our Website, and may be made at any time.
OUR WEBSITE DOES NOT WARRANT THAT OUR WEBSITE WILL OPERATE ERROR-FREE OR THAT OUR WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR CONDITIONS. IF YOUR USE OF OUR WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OUR WEBSITE IS NOT RESPONSIBLE FOR THOSE COSTS.
Express Disclaimer of Consequential Damages
IN NO EVENT WILL OUR WEBSITE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT OUR WEBSITE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF OUR WEBSITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, RESULTING IN THE SMALLEST DOLLAR AMOUNT PERMITTED FOR THE AGGREGATE LIABILITY FOR BOTH OUR WEBSITE AND AFFILIATED PARTIES FOR A CLAIM DERIVING FROM OR RELATED TO OUR WEBSITE. THIS IS IN PLACE OF ANY AND ALL OTHER REMEDIES OTHERWISE AVAILABLE.
Hyper-Links and Links to Other Websites
The Site may contain hyper-links (“Links”) to other sites which are not maintained by, or related to, our Website. Portside Marketing, LLC makes no representations whatsoever about any other website which you may access through this Site or which may be linking to this Site. Links to such sites are provided as a convenience to users and are not sponsored by or affiliated with the Site or our Company. Our Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Links are to be accessed at the user’s own risk, and our Company makes no representations or warranties about the content, completeness or accuracy of these Links or the sites linked to our Site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by our Company of that site. The privacy policies and practices of any such sites are beyond the control of our Company and You should carefully review such site’s privacy policies before providing any information. You should assume we are compensated for any purchases you make on any linked site.
Submissions
You hereby grant our Company a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to our Company through the Site or services of the site such as but not limited to web based seminars, webinars, teleseminars (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Our Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including and without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future operations or publications by our Company. You also grant to our Company the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against our Company for any alleged or actual infringement or misappropriation of any proprietary right in your communications to our Website or our Company.
As a user of our Website, you are responsible for your own communications and are responsible for the consequences of their posting. You may NOT post, send, submit, publish, or transmit in connection with the Site any Submission that:1.You do not have the right to post, including proprietary material of any third party;2.advocates illegal activity or discusses an intent to commit an illegal act;3.is vulgar, obscene, pornographic, or indecent;4.does not pertain directly to the Site;5.threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;6.seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;7.infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;8.violates any law or may be considered to violate any law;9.impersonates or misrepresents Your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;10.advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on the Site;11.solicits funds, advertisers or sponsors;12.includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;13.disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;14.includes MP3 format files;15.amounts to a chain letter, ‘pyramid’ or similar scheme;16.disobeys any policy or regulations established from time to time regarding use of the Site or any networks connected to the Site; or17.contains hyper-links to other sites that contain content;18.Constitutes an endorsement, review or promotion of any product or service, including those offered by our Company, in which you have an interest, with which you have any material connection, or from which you receive any direct benefit unless you fully and conspicuously disclose such interest, benefit or connection as part of such endorsement, review or promotion;19.that falls within the descriptions set forth above.
Our website does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of our Website or endorse any opinions expressed by users of our Website. You acknowledge that any reliance on material posted by other users of our Website will be at your own risk.
Although under no obligation to do so, our Company reserves the right to monitor use of the Site to determine compliance with these TOS, as well the right (in good faith and at its sole discretion) to remove or refuse any information for any reason (including but not limited to those that are abusive, illegal, or disruptive). Notwithstanding these rights, You remain the sole owner of Your Submissions and our Company stores, transmits, or displays such Submission on its servers and networks and via its Website(s) solely at Your direction. You acknowledge and agree that neither our Company nor any third party that provides Content to our Website(s) will assume or have any liability for any action or inaction by our Company or such third party with respect to any Submission.
Social Media Warning (Divulgence of Personal & Private Information)
Social media has provided a platform for internet users to disclose much personal information about themselves, in a way that seems innocuous, if not proper and expected. However, more than a few folks have already lived to regret personal information being shared either by themselves or others. This has long been true of simple email. It is exponentially true of social websites and applications for social media on any other website, including this one. You are cautioned against carelessly disclosing information.
Indemnity
You will indemnify, defend and hold harmless our Company, its owners, subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) from and against: (i) any breach of these TOS by You, (ii) any use of Content other than as expressly authorized in these TOS, (iii) Your use of the services made available via the Site; (iv) any Submission posted or transmitted by You; (v) Your acts and omissions, and (vi) Your negligence, intentional misconduct or violation or alleged violation of any rights of a third-party. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information accessed from the Site. Our Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You hereunder, and in such event, You will have no further obligation to provide indemnification for such matter; provided, however, that You will use best efforts to cooperate with our Company in such defense. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of our Company or any of our Company’s third party suppliers of Content, and its and their affiliates, partners, subsidiaries and employees.
Third Party Rights.
The provisions of “Use of Service” and “Indemnity” are for the benefit of our Website and its owners, officers, directors, employees, agents, licensors, suppliers, and any third party information providers to our Company. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its/their own behalf.
Term; Termination.
We reserve the right to investigate complaints or reported violations of these Terms of Service and Conditions of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any data necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, IP addresses and traffic data.
This Agreement, in whole or in part, may be terminated by Portside Marketing, LLC without notice at any time for any reason. The provisions included in “Copyright”, “Submissions”, “Use of Service”, “Indemnity”, “Third Party Rights”, and “Use of our Website and Professional Consultation” shall survive any termination of this Agreement, in whole or in part.
You may send us email, but in no instance will this communication in any way be construed as initiating an attorney-client relationship, or other professional relationship, and so the contact should not include confidential or sensitive data because your communication will not be treated as privileged or confidential.
Governing Law
This Agreement shall be treated as though executed, set in force, and performed in the State of Idaho. Accordingly, it shall be governed and construed in accordance with the laws of Idaho in terms of those applicable to agreements, without regard to conflict of law principles.
Disputes
Any cause of action by you with respect to our Website must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in these Terms of Service and Conditions of Use. Any legal claim arising out of or relating to these Terms of Service and Conditions of Use of our Website, excluding intellectual property right infringement and other claims by us, shall be settled confidentially through mandatory binding arbitration per the American Arbitration Association commercial arbitration rules. The arbitration shall be conducted in Idaho, USA. Each party shall bear one half of the arbitration fees and costs incurred, and each party shall bear its own lawyer fees. All claims shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
Modification
Neither the course of conduct between the parties nor industry trade practice shall act to modify any provision of this Agreement.
Assignability
Our Website may assign its rights and duties under this Agreement to any party at any time without notice to you.
Contra Preferentum
The language in these Terms of Service and Conditions of Use shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party (i.e. – “contra preferentum”) shall not apply in interpreting these Terms of Service and Conditions of Use, as the Agreement shall be construed as having been co-authored by the parties.
Severability
Should any part of these Terms of Service and Conditions of Use be held invalid or unenforceable, that portion shall be construed as much as possible consistent with applicable law and severability shall apply to the remaining portions, so that they remain in full force and effect.
A printed version of the TOS and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
This Agreement Prevails
To the extent that anything in or associated with our website is in conflict or inconsistent with these Terms of Service and Conditions of Use, these Terms of Service and Conditions of Use shall take precedence.
Waiver
Our failure to enforce any provision of these Terms of Service and Conditions of Use shall not be deemed a waiver of the provision nor of the right to enforce the provision.
Our rights under these Terms of Service and Conditions of Use shall survive any termination of this agreement.
Any rights not expressly granted herein are reserved to Portside Marketing, LLC.
CHANGE NOTICE: As with any of our administrative and legal notice pages, the contents of this page can and will change over time. Accordingly, this page could read differently as of your very next visit. These changes are necessitated, and carried out by Portside Marketing, LLC, in order to protect you, our Company, and our Website(s). If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect.
COPYRIGHT WARNING: The legal notices and administrative pages on this Website, including this one, have been diligently drafted by an attorney. We at Portside Marketing, LLC have paid to license the use of these legal notices and administrative pages on our Site for your protection and ours. This material may not be used in any way for any reason and unauthorized use is policed via Copyscape to detect violators.
QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the contents of this page, or simply wish to reach us for any other reason, you may do so by using the contact information available on this site.
Last updated: March 2014