Terms And Conditions Of Use
Ports America owns and operates the Internet site located at http://www.portsamerica.com (the "Website"). As used
herein, the terms “you”, “your” and “yours”
refer to the user or registered user using this Website. The terms “Ports
America”, “we”, “us” and “our” refer to
Ports America, Inc., and its related or affiliated companies.
By accessing, browsing, using and/or downloading the pages in this Website, you agree to accept and comply with this Agreement for each use and visit to this Website. If you do not agree to accept and comply with this Agreement, you should not access, browse or otherwise use this Website.
Ports America reserves the right, at any time, to modify, alter, or update this Agreement, and you agree to be bound by such modifications, alterations, or updates. Such changes, modifications, additions or deletions will be effective immediately upon notice to you, which may be given by any means, including but not limited to posting on this Website or by electronic or conventional mail. You agree to regularly review this Agreement and to be aware of such revisions. Your use of this Website following any such change constitutes your agreement to follow and be bound by this Agreement as changed.
1. GRANT AND RESTRICTIONS ON USE
All information, including, without limitation, all text, design, graphics, drawings, photographs, advertisements, video clips, music and sounds, and all trade-marks, service marks and trade names and the selection and arrangements thereof, and data (collectively the “Content”) comprised in the Website, is, unless otherwise noted, subject to intellectual property rights including copyrights and trade-marks held by or licensed by Ports America. Except as expressly provided in this Agreement, no licence to use, copy, distribute, republish, transmit or otherwise exploit any Content is given to you and all intellectual property rights in and to the Content are expressly reserved to Ports America.
In order to access some features of the Website, including certain applications
accessible through the “Client Access” drop-down list, you will have
to create an account. To register for the account you will be required to provide
certain personal information including your full legal name and email address. You
may never use another’s account without permission. When creating your account,
you must provide accurate and complete information. By creating an account, you
represent and warrant that the information you provide is true and that you will
keep it up to date. You are solely responsible for the activity that occurs on your
account, and you must keep your account password confidential and secure. You must
notify Ports America immediately of any breach of security or unauthorized use of
Although Ports America will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Ports America or others due to such unauthorized use.
3. CLIENT ACCESS
The Ports America Website allows links to other websites maintained by Ports America through the “Client Access” drop down list as well as other links on the Website (“Client Access Websites”). By accessing a Client Access Website, you agree to the terms and conditions posted on such website. In the event of a conflict between the terms and conditions of use of a Client Access Website and these Terms and Conditions of Use, the terms and conditions of the Client Access Website will prevail.
4. ACCESS AND ACCOUNT TERMINATION
Ports America reserves the right to deny or revoke access to this Website, or any part thereof, or to otherwise terminate a user’s access to its Website, at any time in its sole discretion, with or without cause and without notice to you.
5. ACCESS TO SITE
While Ports America endeavors to ensure that this Website and the Client Access Websites are available at all times, Ports America will not be liable if, for any reason, this Website or the Client Access Websites are unavailable at any time or for any period.
6. NO REPRESENTATIONS; LIMITATIONS ON LIABILITY
The information and materials on the Website and Client Access Websites could include
technical inaccuracies or typographical errors. Although we strive to maintain up
to date information, some information on the Website or Client Access Websites may
not be current. Changes are periodically made to the information contained therein.
PORTS AMERICA MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION,
MATERIALS OR GRAPHICS ON THE WEBSITE OR CLIENT ACCESS WEBSITES, ALL OF WHICH IS
PROVIDED ON A STRICTLY "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY
DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON
THE WEBSITE OR CLIENT ACCESS WEBSITES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL
PORTS AMERICA BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY
DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS),
ARISING OUT OF OR IN ANY MANNER CONNECTED WITH (1) THE USE OF INFORMATION OR SERVICES,
OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE WEBSITE OR CLIENT ACCESS
WEBSITES; (2) THE USE OF OR INABILITY TO USE THE WEBSITE OR CLIENT ACCESS WEBSITES,
THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE WEBSITE OR CLIENT
ACCESS WEBSITES OR DOWNLOADED FROM THE WEBSITE OR CLIENT ACCESS WEBSITES, EVEN IF
PORTS AMERICA OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES; OR (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES
IN THE WEBSITE OR CLIENT ACCESS WEBSITES, THE MATERIALS AND/OR LISTINGS OR INFORMATION
DOWNLOADED THROUGH THE WEBSITE OR THE CLIENT ACCESS WEBSITES.
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, PORTS AMERICA’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
7. SERVICE OF PROCESS
"Ports America" is the brand name for products and services provided by one or more of the Ports America group of subsidiary companies. For Service of Process information, please view here.
You agree to indemnify, defend and hold harmless Ports America and its members, managers, officers, employees, agents and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to or associated with your use of the Website or Client Access Websites and any violation of these Terms and Conditions by you.
9. GOVERNING LAW AND JURISDICTION
This Agreement will be governed by and construed in accordance with the internal laws of the State of New Jersey without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms and Conditions will be subject to the federal, state and local courts in New Jersey. These Terms and Conditions operate to the fullest extent permissible by law.
10. WAIVER AND SEVERABILITY
The headings in these Terms and Conditions are for your convenience and reference. These headings do not limit or affect these Terms and Conditions. These Terms and Conditions, together with those items made a part of these terms by reference, make up the entire agreement between us relating to the Website, and replaces any prior understandings or agreements (whether oral or written) regarding the Website.
12. THIRD PARTY LINKS