The Service, and all information and services thereon (including without limitation advice and recommendations) is intended solely for recreational use. Your use of the Service is further subject to all additional disclaimers and caveats that may appear throughout the Service. Portable Databases and its suppliers assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services or other material on the Service. While Portable Databases strives to keep the information on the Service current and accurate, Portable Databases and its suppliers cannot guarantee, and shall not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information .
This Agreement grants you a non-exclusive, non-transferable license to use the Service in strict accordance with the provisions of this Agreement.
Users will select their own identification code ("Username") and password ("Password") at the time of registration to become a user or a coordinator for their organization. The Username and Password will be required to access the Service. Users may logon to the Service only using their Username and Password, and to protect the privacy of their own information they should not allow any other person to logon to the Service using their Username or Password. Users should not disclose their Password to any other person and should exercise care to protect its confidentiality.
Users are solely responsible for maintaining the confidentiality of their Password, and for all use, whether authorized or unauthorized, of the Service under their Username and Password.
Users should promptly inform Portable Databases if they suspect any breach of security, such as loss, theft, or unauthorized disclosure or use of their Username and Password. Until Portable Databases is properly notified of a breach of security by filling out the support form on the company's website, users will remain responsible for any unauthorized use of the Service occurring under their Username and Password.
USERS SHOULD REMEMBER THEIR USERNAME AND PASSWORD! If a user forgets either of them, Portable Databases may disclose them to the user under security procedures determined by Portable Databases, which may result in delays in the user’s ability to logon to the Service.
Any communication, comment or material ("Submission") that users post on or send through Features shall be deemed to be non-confidential and non-proprietary, and by posting any Submission on Features users represent that such Submission is their own work and creation or that it is used by the posting user with the permission of the copyright holder, and the posting user grants (and represents and warrants the right to grant) Portable Databases a royalty free, perpetual, non-exclusive, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any Submissions (in whole or in part) worldwide, and/or to incorporate Submissions in other works, in any form, media or technology now known or hereafter developed. Portable Databases shall be free, without paying compensation of any kind, to use any ideas, concepts, know-how or techniques contained in any Submission for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and/or services incorporating them.
Users agree, and represent and warrant to Portable Databases, that they will not use the Features to upload, transmit, distribute or otherwise post or publish through the Features any content that: (i) is defamatory, obscene, sexually harassing or oriented, pornographic, abusive, threatening, or racially or ethnically offensive; (ii) infringes any intellectual property or privacy right of any person or entity, including without limitation any copyright, trademarks or trade secrets; (iii) advertises or solicits the sale or purchase of any product or service or solicits for any commercial venture or any political, religious or charitable cause; (iv) includes any computer programs, code, scripts, viruses or other harmful code or programs; or (v) violates or advocates the violation of any law or regulation, including, without limitation, any antitrust laws or regulations.
Users shall promptly notify Portable Databases on the website if they have reason to believe that any user is infringing any copyrighted materials, including any copyright held by them.
Each users acceptance of this Agreement and/or use of the interactive Features signifies the user’s agreement to these terms and conditions regarding use of and disclaimer of liability for such Features.
By accepting this Agreement, you give your consent (subject to the restrictions below) for the collection, use and disclosure by Portable Databases of all information provided by you to Portable Databases in connection with your registration in or use of the Service, and all information obtained by Portable Databases about you as a result of your use of the Service (collectively the "Information").
This consent is limited to the uses and disclosures of the Information to operate the Service and maintain your user account within the Service, and to disclose this information to your organization coordinator or other person who has a need to know.
You have the right to have any inaccuracies in the Information corrected by Portable Databases upon your written request.
The Service contains copyrighted material, trademarks, and other proprietary information of Portable Databases and others (collectively "Proprietary Material"), including, but not limited to, text, organization and layout, software, photos, graphics, and images. You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material.
The Service in its entirety is: Copyright 1999-2003, Portable Databases. All Rights Reserved.
Except as otherwise expressly permitted by this Agreement, or as permitted under copyright law, no copying, downloading, uploading, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or other modification or commercial exploitation of any Proprietary Material is permitted without the express permission of the copyright owner. In the event of any copying, redistribution, or publication of copyrighted material as permitted by law, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made. You may print or download printable pages of the Service for your personal use only provided that such printing or downloading is of entire pages and includes all copyright or other proprietary notices included on the original page.
The Portable Databases marks and logos are service marks and trademarks of Portable Databases, and this Agreement does not grant you the right to use the Portable Databases mark, trademark or logo for any purpose whatsoever. Other trademarks, service marks, and logos used in the Service are the trademarks, service marks, or logos of their respective owners.
You agree to indemnify, defend, and hold harmless Portable Databases and its directors, employees, licensors, independent contractors and content providers (collectively, the "Indemnitees"), from and against any and all liability, costs (including attorneys fees and costs), damages, losses and causes of action incurred by the Indemnitees in connection with any claim, cause of action or litigation ("Claims") arising out of any breach by you of any provision of this Agreement, including without limitation any Claims arising out of the violation of any of the terms and conditions of paragraph 4 above.
You agree to cooperate as fully as reasonably required in the defense of any such Claims. Portable Databases reserves the right, at its own expense, to assume the exclusive defense and control of any Claim subject to indemnification by you and you shall not in any event settle any Claim without the written consent of Portable Databases.
THE SERVICE (INCLUDING WITHOUT LIMITATION ALL EQUIPMENT, SOFTWARE, INFORMATION AND MATERIALS PROVIDED BY Portable Databases, SUPPLIERS TO Portable Databases AND USERS OF THE SERVICE) IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, OR CONTENT, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CURRENCY, CORRECTNESS, OR VALIDITY OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH THE SERVICE RESTS WITH YOU.
Portable Databases does not warrant that the functions of the Service will meet your requirements or that the operation of the Service will be uninterrupted or error free.(c ) Portable Databases shall not be liable for any loss or injury arising out of or caused, in whole or in part, by any negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering information contained in the Service.
Portable Databases has no control over the content of the World Wide Web sites that may be linked to the Service through hypertext links ("Linked Sites"), and is not responsible for their content. The Linked Sites are provided for your convenience only and you access them at your own risk.
IN NO EVENT SHALL Portable Databases OR ITS SUPPLIERS BE LIABLE FOR ANY LOSS, INJURY, OR DAMAGES WHATSOEVER ARISING FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS, INJURY OR DAMAGES. THIS DISCLAIMER OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER LEGAL THEORY OR CAUSE OF ACTION. WITH RESPECT TO GOODS OR SERVICES PURCHASED THROUGH THE SERVICE, Portable Databases'S LIABILITY, IN ANY CASE, IS EXPRESSLY LIMITED TO REPLACEMENT OF DEFECTIVE GOODS, OR, AT Portable Databases'S ELECTION, TO THE REPAYMENT OR CREDITING OF BUYER WITH AN AMOUNT EQUAL TO THE PURCHASE PRICE OF THE GOODS.
In no event shall Portable Databases be liable for any indirect, special, incidental, punitive, or consequential damages, including lost profits, arising out of the use or performance of the Service, even if Portable Databases has been advised of the possibility of such damages.
In the event that any of the limitations on liability or remedies contained herein shall be adjudged invalid by a court of competent jurisdiction, in no event shall Portable Databases's damages under any legal theory exceed the sum of $100.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH IN THIS PARAGRAPH ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SERVICE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. SOME STATE STATUTES MIGHT APPLY REGARDING LIMITATION OF LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CERTAIN LIMITATIONS OF LIABILITY. THEREFORE SOME OF THE EXCLUSIONS OR LIMITATIONS DESCRIBED ABOVE MAY NOT APPLY TO A GIVEN MEMBER. IN SUCH JURISDICTIONS, THE LIABILITY OF Portable Databases SHALL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY LAW.
Portable Databases may terminate the license of any user to access the Service at any time, with or without cause, in Portable Databases's absolute discretion and without notice.
Portable Databases may at any time, without notice or liability, change or eliminate any content or feature of the Service, or restrict the use of any portion of the Service, including limiting the time of its availability, the amount of use permitted, or the persons who are permitted to use it. Your only right with respect to any dissatisfaction with any service-related change or elimination is to terminate your continued use of the Service.
Portable Databases has the right to modify this Agreement in any manner and at any time, without notice or liability. Any such modifications shall be effective immediately upon posting of the modified Terms on the Service. Accordingly, you agree to review the Terms periodically and your continued access or use of the Service shall be deemed your acceptance of the modified Terms. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Portable Databases in providing the Service, including, without limitation, any changes in the content of the Service, is to terminate your continued use of the Service.
Failure by Portable Databases to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right.
This Agreement, and all other aspects of your use of the Service, whether performed or entered into inside or outside the United States, and all other aspects of your use of the Service, shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws rules. All claims and disputes arising out of this Agreement or your use of the Service shall be submitted to and resolved by binding arbitration, pursuant to the Rules and Regulations, and under the auspices of the American Arbitration Association. Any arbitration proceeding shall take place in the County of Wake, North Carolina U.S.A. No demand for arbitration or action of any kind or nature arising out of this Agreement or out of your use of the Service shall be brought by either Portable Databases or you more than one year after the date on which the cause of action first arises. SOME JURISDICTIONS DO NOT ALLOW FOR SUCH LIMITATION PERIODS IN RESPECT OF DEMANDS FOR ARBITRATION OR ACTION. THEREFORE THE ABOVE LIMITATION MAY NOT APPLY TO A GIVEN MEMBER. IN SUCH JURISDICTIONS THE LIMITATION PERIOD SHALL BE LIMITED TO THE MINIMUM REQUIRED BY LAW. Judgment upon the award rendered by the arbitrator may be entered in, and enforced by, a federal or state court of competent jurisdiction sitting in the County of Wake, North Carolina, and you hereby submit to the exclusive jurisdiction of and waive any jurisdictional, venue, or inconvenient forum objections to such courts. In any arbitration proceeding or action to enforce the arbitrator's award, the prevailing party will be entitled to costs and attorneys’ fees.
You may contact Portable Databases by filling out the support form on the company's website for inquiries or complaints or to exercise any of the rights and options set forth in this Agreement.
This Agreement constitutes the entire agreement between you and Portable Databases with respect to the Service and supersedes all prior agreements or understandings between you and Portable Databaseswith respect thereto.
If any provision of the Agreement is found to be invalid, illegal or unenforceable in any respect, in whole or in part, the validity of the remaining terms and provisions, and of the remaining part of any term or provision held to be partially invalid, illegal or unenforceable, shall continue in full force and effect without the operation of such term, provision or part thereof.