Portal42 Terms of Service
These Terms of Service apply to your use of https://thepuffnpass.com/ (the “Site”). To use any services available on or through the Site, you must agree to these Terms of Service (“Terms”), which form a binding agreement between you and any organization that you represent (“You”) and Portal42 LLC (“We” or “Us”), the operator of the Site.
1. Registration. In order to use some of the services offered on the Site (including any subscription-based service), you are required to register. If you register on the Site, You must represent that you are a U.S. resident over 18 years of age and create a unique login name and password. The Site and its services are not available to any residents or businesses outside of the United States. All information You provide on the Site, including any registration details, must be correct, current and complete. You should treat Your login and password as confidential. You are responsible for all actions taken on the Site using Your login. Notify Us immediately in the event of any unauthorized use of Your login or password.
2. Purchases. If You are making a purchase on the Site, You must be a registered user and may be required to provide certain additional information relating to the purchase including, without limitation, shipping and billing addresses and payment information. If You are a business utilizing the services on the Site to sell products either online or offline, You are fully responsible for Your compliance with all laws the apply to You. You may create your own terms of service in the “Full Disclosure” section that bind Your customers, however, in no event shall any such terms supersede or control over these Terms.
3. Subscriptions. If You signed up for a subscription, You will be billed in advance for the access period on a recurring annual basis. If You are a business utilizing any subscription-based service, You are fully responsible for Your compliance with all laws the apply to You. You may create your own terms of service in the “Full Disclosure” section that bind Your customers, however, in no event shall any such terms supersede or control over these Terms.
You may cancel the renewal of a subscription at any time. You may also contact our support with a request to cancel Your subscription. If You cancel Your subscription during your current access period, Your access to the subscription will continue until the end of Your then-current access period, at which point it will expire. Purchase and/or redemption of Your Subscription is final and non-refundable; We will not issue You any refund, including partial, prorated, or otherwise unless required to do so by law. Subscriptions do not have a cash value and are not redeemable for cash, permitted to be used for the payment of or offset any outstanding payments owed to Us for the subscription or additional purchases.
4. Content. Registered business users may use the Content section in accordance with these Terms. You and your authorized users may post, link, store, share and otherwise make available certain information, text, graphics, videos and other material (“Your Content”). You are responsible for Your Content and You agree that Your Content shall not include anything that is or may be (a) threatening, harassing, degrading or hateful; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent or otherwise objectionable; or (e) protected by copyright, trademark or other proprietary right without the express prior written consent of the rightsholder; or that could give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense. You hereby grant to Us a non-exclusive license to Your Content for any lawful purpose in connection with our provision of services and operation of the Site.
You represent and warrant that any information that you provide in connection with your use of the Site, including without limitation, Your Content, is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly.
5. Compliance with Laws and Prohibited Activities. You agree to comply with all federal, state and local laws and regulations that apply to Your use of the Site and its services.
You further agree not to: (a) engage in any activities that introduce any viruses, trojan horses, worms or other malicious or harmful materials; (b) gain unauthorized access to, interfere with, damage or disrupt any portion of the Site; (c) attack the Site via any type of denial of service attack; or (d) otherwise attempt to interfere with the proper working of the Site or any services available on or through the Site.
6. Ownership. All right, title and interest in and to the Site, including all information, software, text, displays, images, video and audio) and the design, selection and arrangement thereof and its underlying technology vests exclusively in Us and/or our affiliates and licensees (excluding Your Content). No right, title or interest in or to the Site or any of the Site contents is transferred to You, and all rights not expressly granted are reserved by Us. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
7. Links. If the Site contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links from advertisers, including banner advertisements. We have no control over the contents of those Sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If You decide to access any of the third party websites linked to this Site, You do so entirely at Your own risk and subject to the applicable terms and conditions of use for such websites.
8. Release and Indemnification. You hereby release Us, our employees, directors, contractors, agents and licensors from any liability arising out of or relating to the Services. You agree to indemnify, defend and hold Us, our employees, directors, contractors, agents and licensors harmless from and against any and all claims and expenses, including without limitation reasonable attorney fees, in any way arising out of or related to the Services, your use of the Site, a violation of these Terms or any other law or regulation.
9. Disclaimer of Warranties. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATION TO THE SERVICES, YOUR USE OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT. THE SERVICES AND YOUR USE OF THE SITE AND ANY CONTENT OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SERVICES, SITE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED AND ARE SUBJECT TO MODIFICATION AT OUR SOLE DISCRETION. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
10. Limitation of Liability. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM THE SERVICES OR YOUR USE OF THE SITE, REGARDLESS OF WHETHER SUCH DAMAGE, LOSS OR EXPENSE IS BASED IN TORT, CONTRACT OR OTHERWISE. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES REGARDLESS OF WHETHER THE FUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES. ACCORDINGLY, SOME LIMITATIONS OF SECTIONS 10 AND 11 APPLY ONLY TO THE EXTENT APPLICABLE BY LAW.
11. Governing Law and Jurisdiction. These Terms are governed by the laws of the State of Michigan without reference to its conflict of law provisions. You agree that any dispute related to the Terms and/or Your use of the Site shall be brought in the United States District Court for the Southern District of Michigan or the state courts in Macomb County, Michigan and You waive any claim that such courts do not have personal jurisdiction or are an inconvenient forum.
12. Assignment. We may assign its rights and obligations under these Terms, in whole or in part, without notice to You, at any time.
13. Entire Agreement. These Terms constitute the entire agreement between You and Us with respect to the services and the Site and it supersedes any and all prior or contemporaneous communications. We reserve the right to modify these Terms; Your continued use of the Site constitutes acceptance of the modified Terms.
Last updated: 01/30/2019