TERMS OF USE AGREEMENT
Welcome to Portlandtaps.com. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The term “portlandtaps.com” or "ptaps" or “us” or “we” or “our” refers to Portlandtaps.com, the owner of the Web site. The term “you” refers to the user or viewer of our Web Site.
Use of Services
You agree that your use of the Services is solely for use in connection with any business owned and/or operated by you and your affiliated companies, and for which you have entered into a Portlandtaps.com Service Agreement (a “Service Agreement”) with Portlandtaps.com. You agree not to share any of the information or resources provided as part of the Services with any other party except as specified in your Service Agreement, and you will not allow any person not employed by or affiliated with your business to use your log-in information and password to access the Services. You are responsible for maintaining the confidentiality of log-in information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Portlandtaps.com grants you a limited license to access and make use of this site. This license does not include any resale of this site, its contents or the Services or any derivative use of this site, its contents or the Services. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, form or any of the Services) of Portlandtaps.com and our affiliates without our express written consent. Any unauthorized use terminates the permission or license granted by Portlandtaps.com.
Intellectual Property
Portlandtaps.com does not claim any right to any of the trademarks, service marks, collective marks, design rights, personality rights, copyrighted material, or similar rights (“Rights”) that are mentioned, used or cited on our site or in any of the materials or information generated using the Services; other than any Rights actually owned by Portlandtaps.com, all other Rights are the property of their respective owners. Your use of the Services does not provide you with any license or other entitlement to the use of the Rights of Portlandtaps.com, other than for the purpose of using any of the materials or information generated using the Services in connection with any advertising or marketing campaign by you.
Upon your request, Portlandtaps.com may obtain images, logos or other data which incorporate the Rights of any manufacturer represented by you for use in the materials or information generated using the Services; Portlandtaps.com does not claim any right to the use of such Rights, and by any such request and by your use of any Rights of any manufacturer represented by you, you represent to Portlandtaps.com that you are an authorized representative of such manufacturer, that you have the right to the use of such Rights, and that your use (and Portlandtaps.com’s use) of the Rights in connection with the Services is authorized by the owner of such Rights.
We believe that Portlandtaps.com’s use of the Rights in connection with the Services is legitimate and in accordance with applicable law governing the use of intellectual property; however, if it is determined that Portlandtaps.com’s use or your use of any Rights infringes upon the intellectual property rights of any other party, we reserve the right to discontinue the availability of any Services which incorporate the use of such infringing Rights.
Links
The Services may provide links to other World Wide Web sites or resources. Because Portlandtaps.com has no control over such sites and resources, you acknowledge and agree that Portlandtaps.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Portlandtaps.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Modifications to Services
Portlandtaps.com reserves the right at any time and from time to time to modify (including, without limitation, any modification or redesign of the organization, look, feel, navigation or other elements of the Services or the Web site used to provide the Services, including the addition or deletion of content or screens for delivery of the Services) or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Portlandtaps.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
User Comments; Content Of User-Posted Information; Other Use Of Site
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted, or offered to Portlandtaps.com through our Web site or otherwise disclosed, submitted, or offered in connection with your use of our Web site or the Services (collectively, “Comments”) shall be and remain the property of Portlandtaps.com. You agree that we may use or disclose Comments in any manner consistent with our Privacy Policy. Portlandtaps.com shall be free to use, without restriction and without compensation to you, any ideas, concepts, know-how, suggestions, or techniques contained in any Comments you send to us for any purpose whatsoever, including, without limitation, for incorporation into information provided as part of or in connection with the Services. Portlandtaps.com has no obligation to respond to any Comments, and we reserve the right, but undertake no duty, to review, edit, move, or delete any material posted by users on our site, in our sole discretion and without notice.
You are prohibited from posting or transmitting any advertising “spam,” unlawful, or other material we deem inappropriate for our Web site. Portlandtaps.com disclaims all responsibility or liability arising from the content of any user postings.
Termination
You agree that Portlandtaps.com may, under certain circumstances and without prior notice, immediately terminate your account. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Service or other agreements or guidelines related to your use of the Services, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Services. Further, you agree that all terminations for cause shall be made in Portlandtaps.com’s sole discretion and that Portlandtaps.com shall not be liable to you or any third party for any termination of your account.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PORTLANDTAPS.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- PORTLANDTAPS.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; OR (VI) THAT ANY OR ALL OF THE FUNCTIONALITY OF THE SERVICES WILL BE COMPATIBLE WITH ANY SOFTWARE OR HARDWARE USED BY YOU TO ACCESS THE SERVICES.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- FURTHERMORE, Portlandtaps.com DISCLAIMS ANY WARRANTY AS TO THE POTENTIAL PROFITABILITY OF THE USE OF THE SERVICES, OR THE POTENTIAL FOR SUCCESS OF ANY ADVERTISING OR MARKETING CAMPAIGN INCORPORATING ANY OF THE MATERIALS GENERATED THROUGH THE USE OF THE SERVICES, AND YOU HAVE RELIED UPON AND WILL RELY UPON YOUR OWN EVALUATION OF THE MARKET WITH RESPECT TO SUCH MATTERS AND THE USE OF THE MATERIALS GENERATED THROUGH THE USE OF THE SERVICES.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Portlandtaps.com OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE OR IN YOUR SERVICE AGREEMENT.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL PORTLANDTAPS.COM OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE PORTLANDTAPS.COM SERVICES ARISING FROM ANY CLAIM RELATING TO THE USE OF THE SERVICES PURSUANT TO THESE TERMS OF SERVICE OR ANY OTHER AGREEMENT BETWEEN PORTLANDTAPS.COM AND YOU. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF PORTLANDTAPS.COM OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PORTLANDTAPS.COM SERVICES, FROM INABILITY TO USE THE PORTLANDTAPS.COM SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PORTLANDTAPS.COM SERVICES (INCLUDING ANY SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED AS PART OF OR IN CONNECTION WITH THE PORTLANDTAPS.COM SERVICES OR WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PORTLANDTAPS.COM SERVICES OR WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION RECEIVED THROUGH OR ADVERTISED ON THE PORTLANDTAPS.COM SERVICES OR WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PORTLANDTAPS.COM SERVICES OR WEBSITE.
THESE LIMITATIONS OF LIABILITY SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATIONS SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PORTLANDTAPS.COM SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE PORTLANDTAPS.COM SERVICES OR WEBSITE. SUCH LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Without limiting the foregoing, under no circumstances shall Portlandtaps.com or its subsidiaries, affiliates, officers, employees, agents, partners or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
TO THE EXTENT THAT PORTLANDTAPS.COM OR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS IS FOUND LIABLE FOR A CLAIM OF ANY KIND ARISING AS A RESULT OF, OR RELATED TO, THE SERVICES PROVIDED HEREUNDER (OR THE FAILURE TO PROVIDE SUCH SERVICES), WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), PURSUANT TO ANY WARRANTY NOT SPECIFICALLY DISCLAIMED HEREBY (OR THE DISCLAIMER OF WHICH IS NOT PERMITTED), OR OTHERWISE, DAMAGES SHALL BE LIMITED TO MONETARY DAMAGES, AND THE AGGREGATE AMOUNT THEREOF FOR ALL CLAIMS SHALL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE PAYMENTS RECEIVED FROM YOU BY PORTLANDTAPS.COM FOR THE MOST RECENT SIX (6) MONTH PERIOD PRIOR TO SUCH DETERMINATION.
Indemnification
You agree to defend, indemnify and hold Portlandtaps.com (including any of its subsidiaries, affiliates, officers, employees, agents, partners and licensors) harmless from and against any and all claims, damages, costs, and expenses, including attorney’s fees, arising from or related to your failure to comply with these Terms of Service, including, without limitation, as a result of any unauthorized use by you of any Rights of Portlandtaps.com or of any other party.
Jurisdiction; Entire Agreement
Our Web site and the Services are hosted and provided from Cumberland County, Maine. These Terms of Service will be governed by and construed in accordance with the laws of the State of Maine, without giving effect to its conflict of laws provisions or your actual state or country of residence. By your use of the Services, you (a) agree that any suit, action or legal proceeding arising out of or relating to this Agreement will be brought in the courts of record of the State of Maine, in Cumberland County, or in the Federal district court of the United States with jurisdiction in Cumberland County, Maine; (b) consent to the jurisdiction of each such court in any such suit, action or proceeding; and (c) waive any objection which you may have to the laying of venue of any such suit, action or proceeding in any of such courts.
These Terms of Service are incorporated into your Service Agreement, and taken together, these Terms of Service and your Service Agreement constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Service or your Service Agreement will be effective only if in writing and signed by Portlandtaps.com. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service or your Service Agreement to be unenforceable, the remainder of these Terms of Service and your Service Agreement will continue in full force and effect. In the event of any conflict between these Terms of Service, as revised from time to time, and your Service Agreement, the provisions of these Terms of Service shall control.
Questions and Suggestions
If you have questions or suggestions, please send us an email (info@portlandtaps.com).
