PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING
CONTRACT. Finium, LLC. (collectively with its affiliates, “Finium” or “We”) operates
and makes available to users certain services consisting of the website available at
www.portwars.com, and its network of websites, software applications, or any other products or services offered by Portwars (the “Portwars Services”). Any other services offered by Portwars may be subject to separate terms.
When using the Portwars Services, you will be subject to Portwars’ Community Guidelines and additional guidelines or rules that are posted on the Portwars Services, made available to you, or disclosed to you in connection with specific services and features. Such terms and guidelines (collectively, the “Guidelines”) are hereby incorporated into these Terms of Service by reference.
The Terms of Service apply to all registered users of Portwars Services and govern your use of all versions of the Portwars Services (including the Portwars app). You agree that by clicking “Sign Up” or otherwise registering, downloading, accessing, or using the Portwars Services, you are entering into a legally binding agreement between you and Portwars regarding your use of the Portwars Services. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any of the Portwars Services.
When using Portwars or opening an account with Portwars on behalf of a company, entity, or organization (collectively, “Subscribing Organization”), you represent and warrant that you: (i) are an authorized representative of that Subscribing Organization with the authority to bind that organization to these Terms of Service and grant the licenses set forth herein; and (ii) agree to these Terms of Service on behalf of such Subscribing Organization.
The Portwars Services are not available to persons under the age of 18. The Portwars
Services are also not available to any users previously removed from the Portwars Services by
Portwars or to any persons barred from receiving them under the laws of the United States (such as, but not limited to, its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE PORTWARS
SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND THE
AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THE PORTWARS SERVICES.
Your privacy is important to Portwars. Please see our Privacy Policy for information relating to how we collect, use, and disclose your personal information, and how you can manage your online privacy when you use the Portwars Services.
In order to open a Portwars account, you may be asked to provide us with certain information such as an account name and password, age, and optional phone number for multi-factor authentication.
You are solely responsible for maintaining the confidentiality of your Portwars account, your password and for restricting access to your computer and mobile device. If you permit others to use your account credentials, you agree to these Terms of Service on behalf of all other persons who use the Portwars Services under your account or password, and you are responsible at all times for all activities that occur under your account or password. You accept full responsibility for the consequences of your use or non-use of the Portwars app. Please make sure the information you provide to Portwars upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.
Unless expressly permitted in writing by Portwars, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your account. Portwars reserves all available legal rights and remedies to prevent unauthorized use of the Portwars Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
Access to the Portwars Services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the Portwars Services.
Portwars may amend any of the terms of these Terms of Service by posting the amended terms on the Portwars website or on the Portwars app. Your continued use of the Portwars Services through any device you use to access the Portwars Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms.
The Portwars Services are owned and operated by Portwars. Unless otherwise indicated, all content, information, and other materials on the Portwars Services (excluding User Content, set out in Section 8 below), including, without limitation, Portwars’ trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of Portwars or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Portwars, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e., a personal and limited right) to access and use the Portwars Services for your personal use or internal business use only.
Portwars reserves all rights not expressly granted in these Terms of Service. This license is subject to these Terms of Service and does not permit you to engage in any of the following: (a) resale or commercial use of the Portwars Services or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Portwars Services or the Materials, or any portion of them; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading of any portion of the Portwars Services, the Materials, or any information contained in them, except as expressly permitted on the Portwars Services; or (f) any use of the Portwars Services or the Materials except for their intended purposes. Any use of the Portwars Services or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of Portwars, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles. Portwars can terminate this license as set out in Section 18.
Portwars allows you to use our chat services, comment services, and other services we may add from time to time (“User Content”).
Unless otherwise agreed to in a written agreement between you and Portwars that was signed by an authorized representative of Portwars, if you submit, transmit, display, perform, post, or store User Content using the Portwars Services, you grant Portwars and its sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sublicensable, nonexclusive, and royalty-free right to: (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (including without limitation for promoting and redistributing part or all of the Portwars Services (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that Portwars and its sub-licensees are allowed to use them to the extent indicated in these Terms of Service.
You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that: (1) you are the creator or own or control all rights in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Content does not and will not: (a) infringe, violate, or misappropriate any thirdparty right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) defame any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or any confidential information of Portwars or third parties. Portwars reserves all rights and remedies against any users who breach these representations and warranties.
Portwars uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, Portwars does not guarantee that any unauthorized copying, use, or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that Portwars shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against Portwars for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY PORTWARS HEREIN ARE
PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES,
CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES
WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
You agree that your User Content will comply with the FTC’s Guidelines Concerning the Use of
Testimonials and Endorsements in Advertising, the FTC’s Disclosures Guide, the FTC’s Native
Advertising Guidelines, and any other guidelines issued by the FTC from time to time (the “FTC Guidelines”), as well as any other advertising guidelines required under applicable law. For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the Portwars Services, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through the Portwars Services, you must agree to comply with the FTC Guidelines’ requirements for disclosing such relationships. You, and not Portwars, are solely responsible for any endorsements or testimonials you make regarding any product or service through the Portwars Services.
Subject to these Terms of Service and the Community Guidelines, you may share political opinions; participate in political activity; provide links to a political committee’s official website, including the contribution page of a political committee; and solicit viewers to make contributions directly to a political committee. You agree, however, that these activities are entirely your own. Moreover, by engaging in these activities, you represent and warrant that you are eligible to engage in them under applicable law, and that you will abide by all relevant laws and regulations while doing so.
The Portwars content, features and discussion are for informational and educational purposes only. What you see, hear or otherwise access through Portwars and the Portwars Services is not, nor is it intended to be, trading or investment advice or a recommendation that any security, futures contract, digital asset, other product, transaction, or investment strategy is suitable for any person.
Trading securities, futures products, and digital assets involves risk and may result in a loss greater than the original amount invested. Portwars, through the Portwars Services including hosted discussions, does not provide investment or financial advice or make investment recommendations. The investment information provided may not be appropriate for all investors and is provided without regard to individual investor financial sophistication, financial situation, investing time horizon or risk tolerance.
Portwars is not in the business of transacting securities trades, nor does it direct client commodity accounts. Portwars is not a licensed financial advisor, registered investment advisor, or a registered broker-dealer.
The Host Picks list is not endorsed by Portwars or any of its brokerage affiliates. The Host Picks list does not take into account your investment objectives, financial or tax situation or needs. You are solely responsible for making your own investment and trading decisions, and for evaluating relevant risk factors, including your investment experience, objectives, financial situation, and risk tolerance to determine if a trade suits your financial needs prior to trading. We suggest you seek professional advice from a qualified financial or tax advisor before making an investment.
Portwars may enter into marketing agreements with various brokerage firms (each such firm, a “Broker”). When a user has a valid account with such a Broker, the user will be able to connect their account with that Broker within the Portwars App through one or more of the Broker’s Application Programming Interfaces (APIs) and send order requests to the Broker. When accessing these features of the Portwars Services, users must log into their brokerage account held by a particular Broker with their unique Broker credentials and complete any additional authentication protocols that the Broker may require (such as multi-factor authentication). Users who hold valid accounts with multiple Brokers that are connected to Portwars can only access one account through a Broker at a time. Information pertaining to login credentials and order messages will not flow through Portwars back-end systems; it will instead flow directly, from the Portwars client front-end applications, over the internet, through an encrypted connection facilitated by the Broker, and through the Broker’s APIs.
Apart from where the Broker’s API grants the ability to control and affect the brokerage account and activity, the Portwars front-end cannot be used to manage any configuration, state, or status of the brokerage account. Inquiries related to the account and activity held by a particular Broker must be directed to the Broker itself and cannot be handled by Portwars. Users should be aware that changes to a Broker’s API behavior or implementation may disrupt the use of brokerage-related services accessed through Portwars. Ultimately, users should be aware that their brokerage accounts can be accessed and managed directly through the Broker’s own platform.
Portwars is not a broker-dealer and does not provide trading services. Therefore, Portwars does not charge any trading fees or commissions to users. All trading fees and commissions displayed to users on Portwars are for informational purposes and are defined and charged by the respective Broker. Portwars may receive compensation for offering electronic connections to these Brokers, but in doing so, does not execute orders or endorse or recommend any products or services offered by them. Such compensation is not based on the transactions conducted through the broker dealer. The privacy policies of the respective Brokers govern all activities conducted on the Brokers’ sites and services.
Brokers have entered into a marketing agreement (the “Marketing Agreement”) with Portwars whereby Brokers pays compensation to Portwars to recommend Brokers’ respective brokerage services and to permit orders to be sent to Broker through the Portwars App. The existence of the Marketing Agreement should not be deemed as an endorsement or recommendation of Portwars by the Broker and/or any of its other affiliated companies. Neither the Broker nor any of its other affiliated companies is responsible for the privacy practices of Portwars or its website, programs, or App. The Broker does not warrant the accuracy or content of the products or services offered by Portwars or its website, programs, or app.
Portwars users may have access to a number of in-app items (“Virtual Items”), including but not limited to points (a type of in-game currency), badges (virtual trophies commemorating milestones in the app), avatars (icons that users can display on their Portwars profiles), and abilities (access to certain in-app perks such as having a message highlighted in chat). Virtual Items have no monetary value or cash equivalence and are in no way a form of currency or property. Virtual Items cannot be refunded or transferred between accounts, and any offer to buy or sell Virtual Items to other users will be considered a violation of these Terms of Service.
All Virtual Items are Portwars content and subject to these Terms of Service. Users do not have any ownership, proprietary, monetary, or otherwise, of Portwars Virtual Items. Portwars may distribute or modify Virtual Items at its sole discretion, and in doing so may change the prevalence, desirability or utility of certain Virtual Items. Changes to, or terminations of such Virtual Items, including ones that a user may already possess, may happen for any reason and without any advanced notice or liability. Certain Virtual Items, such as points, may expire after a fixed period and may only be available to the user for a limited time.
We engage moderators to supervise and enforce the standards outlined in our Community Guidelines and these Terms of Service. Moderators reserve the right to mute, ban, or block users for violating our Community Guidelines and these Terms of Service. Moderate violations will result in a mute strike, which will prevent a user from sending chat messages for one hour. Mute strikes reset after seven days, and accumulating three (3) strikes will result in the Portwars account being muted (i.e., unable to send chat messages) until one of the strikes has expired. For serious violations, Portwars accounts may be banned and unable to send messages in chat. Finally, serious violations may also result in the Portwars account being blocked. Blocked users will not be able to log into Portwars at all. Portwars admins may reverse a ban, mute strike, or block at their discretion, and users who wish to petition any ban, mute strike or block can do so by reaching out to Admin@portwars.com.
YOU AGREE NOT TO violate any law, contract, intellectual property, or other third-party right; not to commit a tort; you also agree that you are solely responsible for your conduct while accessing and using the Portwars Services.
You agree that you will comply with these Terms of Service and Portwars’ Community Guidelines and will not:
To the extent permitted by applicable law, Portwars takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Portwars liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the Portwars Services. Your use of the Portwars Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Portwars Services will not contain any content that is prohibited by such rules.
Portwars is not liable for any statements or representations included in User Content. Portwars does not endorse any User Content, opinion, recommendation, or advice expressed therein, and Portwars expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, Portwars reserves the right to remove, screen, or edit any User Content posted or stored on the Portwars Services at any time and without notice, including where such User Content violates these Terms of Service or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Portwars Services at your sole cost and expense. Any use of the Portwars Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Portwars Services.
Portwars respects the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are the copyright owner or agent thereof and believe that content posted on the Portwars Services infringes upon your copyright, please submit a notice following our DMCA Guidelines, which includes further information about our policies, what to include in your notice, and where to submit your notice.
PORTWARS, the Portwars logos, and any other trademarks or service marks, logos, or slogans used by Portwars, and the look and feel of the Portwars Services, including all page headers, custom graphics, button icons, and scripts, are trademarks, service marks, or trade dress of Portwars, and may not be used in whole or in part in connection with any product or service that is not Portwars’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Portwars, without our prior written permission. Any use of these trademarks must be in accordance with the Portwars Trademark Guidelines.
All other trademarks referenced in the Portwars Services are the property of their respective owners. Reference on the Portwars Services to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.
In addition to the User Content, Portwars may provide other third-party content on the Portwars Services (collectively, the “Third-Party Content”). Portwars does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third-Party Content, update, or monitor it. Therefore, we are not responsible for any Third-Party Content on the Portwars Services.
You are responsible for deciding if you want to access or use third-party websites or applications that link from the Portwars Services (the “Reference Sites”). Portwars does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Portwars Services are solely between you and such advertisers. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
By submitting ideas, suggestions, documents, and/or proposals (the “Submissions”) to Portwars or its employees, you acknowledge and agree that Portwars shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.
To the fullest extent permitted by applicable law, Portwars reserves the right, without notice and in our sole discretion, to terminate your license to use the Portwars Services (including to post User Content) and to block or prevent your future access to and use of the Portwars Services, including where we reasonably consider that: (a) your use of the Portwars Services violates these Terms of Service or applicable law; (b) you fraudulently use or misuse the Portwars Services; or (c) we are unable to continue providing the Portwars Services to you due to technical or legitimate business reasons. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (i) the Portwars Services, (ii) any term of these Terms of Service, (iii) any policy or practice of Portwars in operating the Portwars Services, or (iv) any content or information transmitted through the Portwars Services, is to terminate your Portwars account and to discontinue use of any and all parts of the Portwars Services.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Portwars, its affiliated companies, and each of our respective contractors, employees, officers, directors, managers, agents, third-party suppliers, licensors, and partners (individually and collectively, the “Portwars Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of the Portwars Services, any User Content you post, store, or otherwise transmit in or through the Portwars Services, your violation of the rights of any third-party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. You agree to promptly notify the Portwars Parties of any third party claim, and Portwars reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Portwars, and you agree to cooperate with Portwars’ defense of these claims. Portwars will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE PORTWARS
SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE
PROVIDED ON AN “AS IS” AND AS AVAILABLE BASIS WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO
THE CONTRARY IN WRITING BY PORTWARS; (B) THE PORTWARS PARTIES
DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-
INFRINGEMENT AS TO THE PORTWARS SERVICES, INCLUDING ANY
INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN; (C) PORTWARS
DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THE
PORTWARS SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR
ERROR-FREE; (D) PORTWARS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL
ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE
PORTWARS ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE PORTWARS
SERVICES SAFE, PORTWARS CANNOT AND DOES NOT REPRESENT OR WARRANT
THAT THE PORTWARS SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY
DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PORTWARS OR THROUGH THE PORTWARS SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
c. Limitation of Liability and Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT
SHALL PORTWARS OR THE PORTWARS PARTIES BE LIABLE FOR ANY DIRECT,
SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES
OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS,
OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF OR INABILITY TO USE THE PORTWARS
SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION
ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY
INFORMATION OBTAINED FROM PORTWARS, OR THAT RESULT FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS,
VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF
PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD,
COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS
TO PORTWARS’ RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO EVENT
SHALL THE AGGREGATE LIABILITY OF PORTWARS, WHETHER IN CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR
IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING
OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE PORTWARS
SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PORTWARS SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, PORTWARS SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY YOU BY REASON OF ANY REFERENCE SITES OR OTHERWISE BY
THIRD PARTIES OTHER THAN PORTWARS AND RECEIVED THROUGH OR ADVERTISED ON THE PORTWARS SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.
YOU ACKNOWLEDGE AND AGREE THAT PORTWARS HAS OFFERED THE PORTWARS SERVICES, USER CONTENT, MATERIALS, AND OTHER CONTENT AND
INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN
RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY
SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF
LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND PORTWARS, AND THAT THE WARRANTY
DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN
ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PORTWARS. PORTWARS WOULD NOT BE ABLE TO PROVIDE THE PORTWARS SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
(i) To the fullest extent permitted by applicable law, you and Portwars agree that if you are a Subscribing Organization or a consumer resident of a jurisdiction other than those in (ii) below, the following governing law and arbitration provision applies:
PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH PORTWARS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PORTWARS.
You and Portwars agree to arbitrate any dispute arising from these Terms of Service or your use of the Portwars Services, except that you and Portwars are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION
PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
You and Portwars agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Portwars shall be sent to: Finium, LLC, Admin@portwars.com.
YOU AND PORTWARS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THE PORTWARS SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
20. Miscellaneous
If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party. b. Severability
If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Portwars without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
d. Survival
Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 7, 8, 15, 16, and 19-21.
The Terms of Service, which incorporate the Trademark Guidelines and Community Guidelines, is the entire agreement between you and Portwars relating to the subject matter herein and will not be modified except by a writing signed by authorized representatives of both parties, or by a change to these Terms of Service made by Portwars as set forth in Section 6 above.
All requests for information or documents related to potential, anticipated, or current legal proceedings, investigations, or disputes must be made using the appropriate level of legal process, and must be properly served to Portwars. The Portwars Services are offered by Finium, LLC, email: Admin@portwars.com.
Finium, LLC
PO Box 6
Beltsville, MD 20704
Please note that Portwars does not accept requests for information or documents, or service of process, via e-mail or fax and will not respond to such requests. All requests must include all the information you may have that will help us identify the relevant records, the specific information requested, and its relationship to your investigation. Please also note that limiting your request to the relevant records (e.g., a limited time period) will facilitate efficient processing of your request.