The Portiera Group strives to accommodate all adults pursuing real estate and educational needs including our disabled friends and family. All of our services, instructors, classes, workshops, and events accommodate the needs of those that are disabled. We encourage all our members and professionals to familiarize yourselves with the needs and rights of our disabled friends and family. You can do so by visiting the links below for more information or you may contact our offices for assistance at email@example.com.
WEBSITE DISCLAIMER NOTICE
About Using This Website
By using or accessing this website you are accepting all the terms of this disclaimer notice. If you do not agree with anything in this notice you should not use or access this website.
Warranties and Liability
While every effort is made to ensure that the content of this website is accurate, the website is provided on an “as is” basis and The Portiera Group makes no representations or warranties in relation to the accuracy or completeness of the information found on it. While the content of this site is provided in good faith, we do not warrant that the information will be kept up to date, be true, accurate and not misleading, or that this site will always (or forever) be available for use.
We do not warrant that the servers that make this website available will be error, virus or bug free and you accept that it is your responsibility to make adequate provision for protection against such threats. We recommend scanning any files before downloading.
Nothing on this website should be taken to constitute professional advice or a formal recommendation and The Portiera Group hereby excludes all representations and warranties whatsoever (whether implied by law or otherwise) relating to the content and use of this site.
In no event will The Portiera Group be liable for any incidental, indirect, consequential, punitive or special damages of any kind, or any other damages whatsoever, including, without limitation, those resulting from loss of profit, loss of contracts, loss of reputation, goodwill, data, information, income, anticipated savings or business relationships, whether or not The Portiera Group has been advised of the possibility of such damage, arising out of or in connection with the use of this website or any linked websites.
Nothing in this disclaimer notice shall serve to limit or exclude any liability for death or personal injury arising from The Portiera Group negligence, or for fraud, or for anything else which it would not be lawful for The Portiera Group to exclude.
Use of this Website
By using this website you agree to the exclusions and limitations of liability stated above and accept them as reasonable. Do not use this website if you do not agree that they are reasonable.
If any of the content of this disclaimer notice is found to be illegal, invalid or unenforceable under the applicable law, that will have no bearing on the enforceability of the rest of the disclaimer notice and the illegal, invalid or unenforceable part shall be amended to the minimum extent necessary to make it legal, valid and enforceable.
All material on this website, including text and images, is protected by copyright law and such copyright is owned by The Portiera Group unless credited otherwise. It may not be copied, reproduced, republished, downloaded, posted, distributed, broadcast or transmitted in any way without the copyright owner’s consent, except for your own personal, non-commercial use.
Prior written consent of the copyright owner must be obtained for any other use of material.
No part of this site may be distributed or copied for any commercial purpose or financial gain.
All intellectual property rights in relation to this website are reserved and owned by The Portiera Group and Fusion Group USA.
When you register with The Portiera Group, you acknowledge that in using the ThePortieraGroup.com we are authorized to send electronic communications (including but not limited to email, search queries, messages) you will be causing communications to be sent through The Portiera Groups’ computer networks, portions of which are located in Colorado, and other locations in the United States.
Links to Other websites and Products
Links to other websites are provided for the convenience of users only and The Portiera Group accepts no liability or responsibility for their content. We are unable to provide any warranty regarding the accuracy or completeness or legitimacy of the content of such sites, or the reliability, quality or effectiveness of any products or services provided through external websites. A link to an external site does not imply an endorsement of the views, information, products or services provided or held by such websites.
Law and Jurisdiction
This disclaimer notice shall be interpreted and governed by United States law and any disputes in relation to it are subject to the jurisdiction of the courts in the State of Colorado.
We reserve the right to revise and amend this disclaimer notice from time to time and any revised version will be deemed to be applicable from the first date of publication on this website.
This website is owned by The Portiera Group in the State of Colorado, PO Box 2925, Grand Junction, CO 81502
Contact Us: https://theportieragroup.com/contact-us/
SPAM POLICY – September 2019
The Portiera Group encourages you to use our service as long as you abide by the The Portiera Group Terms of Service and The Portiera Groups’ prohibition on spamming and unethical marketing activities. The following are some examples of spamming that may violate the Terms of Service and The Portiera Groups’ Universal Spam Policy:
- Manipulating identifiers, such as email headers, to disguise the origin of any content transmitted to or through The Portiera Group computer systems.
- Relaying email from a third party’s mail servers without the permission of that third party.
- Using or causing to be used The Portiera Group computer systems to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs, “junk mail,” “chain letters,” “pyramid schemes,” or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.
- Using “robots” or otherwise harvesting other’s email addresses from the The Portiera Group site for purposes of sending unsolicited or unauthorized material.
- Uploading, posting, emailing, or transmitting the same message, URL, or post multiple times.
- Disrupting the normal flow of dialogue, or causing the screen to “scroll” faster than other users of the service are able to type, or otherwise acting in a manner that negatively affects other users’ ability to engage in real-time exchanges.
Certain The Portiera Group services may have additional spam guidelines explaining appropriate conduct for those services. Those additional policies are incorporated by reference into the The Portiera Group Universal Spam Policy. It is the user’s responsibility to check each property’s guidelines for additional details regarding spam.
Violations of our Terms of Service or this Universal Spam Policy may result in legal action against you and the termination, without notice, of your The Portiera Group login information and/or anything associated with it, including, but not limited to, message boards, clubs, posts, home pages, and profiles. Nothing in this policy is intended to grant any right to transmit email to or through The Portiera Group computer systems. The Portiera Group does not waive any rights by the failure to enforce this policy in every instance in which it might apply.
NOTICE: Sending unsolicited email advertisements to or through The Portiera Group computer systems will use or cause to be used The Portiera Group servers located in Colorado. Any unauthorized use of The Portiera Group computer systems is a violation of the The Portiera Group Terms of Service, Universal Spam Policy, and certain federal and state laws, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
Please report any violations of the Universal Spam Policy to our support group at firstname.lastname@example.org.
Last updated September 25, 2019
Terms of Service for Preferred Vendors
- ACCEPTANCE OF TERMS
The Portiera Group welcomes you. The Portiera Group provides the theportieragroup.com (defined below) to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time on this web page. By accessing and using the theportieragroup.com, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular The Portiera Group owned or operated services, you and The Portiera Group shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our Spam Policy. Spam Policy) are hereby incorporated by reference into the TOS.
- DESCRIPTION OF THEPORTIERAGROUP.COM
The Portiera Group provides users with access to a rich collection of resources, including without limitation various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the “ThePortieraGroup.com”). You also understand and agree that ThePortieraGroup.com may include advertisements and that these advertisements are necessary for The Portiera Group to provide information, etc. to ThePortieraGroup.com. You also understand and agree that the ThePortieraGroup.com may include certain communications from The Portiera Group, such as service announcements, administrative messages and the The Portiera Group Newsletter, and that these communications are considered part of The Portiera Group preferred vendors and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current ThePortieraGroup.com, including the release of new The Portiera Group, shall be subject to the TOS. You understand and agree that the ThePortieraGroup.com is provided “AS-IS” and that The Portiera Group assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the ThePortieraGroup.com, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the ThePortieraGroup.com.You understand that the technical processing and transmission of the ThePortieraGroup.com, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be aware that The Portiera Group has created certain areas on the ThePortieraGroup.com that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
- YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the ThePortieraGroup.com, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the ThePortieraGroup.com under the laws of the United States or other applicable JURISDICTION. You also agree to:
- provide true, accurate, current and complete information about yourself as prompted by the The Portiera Group Service’s registration form (the “Registration Data”) and
- maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or The Portiera Group has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Portiera Group has the right to suspend or terminate your account and refuse any and all current or future use of the ThePortieraGroup.com (or any portion thereof). The Portiera Group is concerned about the safety and privacy of all its users, particularly children.
- MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the The Portiera Group Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to:
- immediately notify The Portiera Group of any unauthorized use of your password or account or any other breach of security, and
- ensure that you exit from your account at the end of each session. The Portiera Group cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
- MEMBER CONDUCT
- You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not The Portiera Group, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the ThePortieraGroup.com. The Portiera Group does not control the Content posted via the ThePortieraGroup.com and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the ThePortieraGroup.com, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will The Portiera Group be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the ThePortieraGroup.com.You agree to not use the ThePortieraGroup.com to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a The Portiera Group official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the The Portiera Group Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships, or independent contract agreements, or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the ThePortieraGroup.com are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
j. interfere with or disrupt the ThePortieraGroup.com or servers or networks connected to the ThePortieraGroup.com, or disobey any requirements, procedures, policies or regulations of networks connected to the ThePortieraGroup.com, including using any device, software or routine to bypass our robot exclusion headers;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m. “stalk” or otherwise harass another; and/or
n. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.• You acknowledge that The Portiera Group may or may not pre-screen Content, but that The Portiera Group and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the ThePortieraGroup.com. Without limiting the foregoing, The Portiera Group and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by The Portiera Group or submitted to The Portiera Group, including without limitation information in The Portiera Group comments and in all other parts of the ThePortieraGroup.com.
You acknowledge, consent and agree that The Portiera Group may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of The Portiera Group, its users and the public.
You understand that the ThePortieraGroup.com and software embodied within the ThePortieraGroup.com may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by The Portiera Group and/or content providers who provide content to the ThePortieraGroup.com. You may not attempt to override or circumvent any of the usage rules embedded into the ThePortieraGroup.com. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the ThePortieraGroup.com, in whole or in part, is strictly prohibited.
- INTERSTATE NATURE OF COMMUNICATIONS ON THEPORTIERAGROUP.COM
- When you register with The Portiera Group, you acknowledge that in using the ThePortieraGroup.com to send electronic communications (including but not limited to email, search queries, sending messages to The Portiera Group Chat or The Portiera Group Groups, uploading photos and files, and other Internet activities), you will be causing communications to be sent through The Portiera Groups’ computer networks, portions of which are located in Colorado, and other locations in the United States. As a result, and also as a result of The Portiera Groups’ network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
- SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
- Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the ThePortieraGroup.com and transfer, posting and uploading of software, technology, and other technical data via the ThePortieraGroup.com may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the ThePortieraGroup.com to parties identified on such lists; (b) agree not to use the ThePortieraGroup.com for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the ThePortieraGroup.com any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
- CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE THEPORTIERAGROUP.COM
- The Portiera Group does not claim ownership of Content you submit or make available for inclusion on the ThePortieraGroup.com. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the ThePortieraGroup.com, you grant The Portiera Group the following worldwide, royalty-free and non-exclusive license(s), as applicable:
a. With respect to Content you submit or make available for inclusion on publicly accessible areas of The Portiera Group, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the ThePortieraGroup.com solely for the purposes of providing and promoting the specific The Portiera Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the ThePortieraGroup.com and will terminate at the time you remove or The Portiera Group removes such Content from the ThePortieraGroup.com.
b. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the ThePortieraGroup.com other than The Portiera Group, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the ThePortieraGroup.com solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the ThePortieraGroup.com and will terminate at the time you remove or The Portiera Group removes such Content from the ThePortieraGroup.com.
c. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the ThePortieraGroup.com other than The Portiera Group, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the ThePortieraGroup.com solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the ThePortieraGroup.com and will terminate at the time you remove or The Portiera Group removes such Content from the ThePortieraGroup.com.
d. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the ThePortieraGroup.com other than The Portiera Group, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
- “Publicly accessible” areas of the ThePortieraGroup.com are those areas of the The Portiera Group network of properties that are intended by The Portiera Group to be available to the general public. By way of example, publicly accessible areas of the ThePortieraGroup.com would include The Portiera Group comments and portions of The Portiera Group that are open to both vendors and visitors. However, publicly accessible areas of the ThePortieraGroup.com would not include portions of The Portiera Group that are limited to vendors, ThePortieraGroup.com intended for private communication or areas off of the The Portiera Group network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by The Portiera Group.
- CONTRIBUTIONS TO THE PORTIERA GROUP
- By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to The Portiera Group through its web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) The Portiera Group is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) The Portiera Group shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) The Portiera Group may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of The Portiera Group without any obligation of The Portiera Group to you; and (f) you are not entitled to any compensation or reimbursement of any kind from The Portiera Group under any circumstances.
- You agree to indemnify and hold The Portiera Group and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the ThePortieraGroup.com, your use of the ThePortieraGroup.com, your connection to the ThePortieraGroup.com, your violation of the TOS, or your violation of any rights of another.
- NO COMMERCIAL REUSE OF THEPORTIERAGROUP.COM
- You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the ThePortieraGroup.com (including Content, advertisements, and your The Portiera Group login information).
- GENERAL PRACTICES REGARDING USE AND STORAGE
- You acknowledge that The Portiera Group may establish general practices and limits concerning use of the ThePortieraGroup.com, including without limitation the maximum number of days that comment postings or other uploaded Content will be retained by the ThePortieraGroup.com, the maximum number of comment postings that may be hosted by the ThePortieraGroup.com, the maximum size of any message that may be posted on the ThePortieraGroup.com, the maximum disk space that will be allotted on The Portiera Groups’ servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the ThePortieraGroup.com in a given period of time. You agree that The Portiera Group has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the ThePortieraGroup.com. You acknowledge that The Portiera Group reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that The Portiera Group reserves the right to modify these general practices and limits from time to time.
- The Portiera Group, including any web-based versions, will allow you and the people with whom you communicate to save your comments in your The Portiera Group accounts located on The Portiera Group servers. Your agreement to this TOS constitutes your consent to allow The Portiera Group to store these communications on its servers.
- MODIFICATIONS TO THEPORTIERAGROUP.COM
- The Portiera Group reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the ThePortieraGroup.com (or any part thereof) with or without notice. You agree that The Portiera Group shall not be liable to you or to any third party for any modification, suspension or discontinuance of the ThePortieraGroup.com (or any part thereof).
- You may terminate your The Portiera Group account, any associated email address and access to the ThePortieraGroup.com by submitting such termination request to The Portiera Group.
- You agree that The Portiera Group may, without prior notice, immediately terminate, limit your access to or suspend your The Portiera Group account, any associated email address, and access to the ThePortieraGroup.com. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the ThePortieraGroup.com (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the ThePortieraGroup.com. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in The Portiera Groups’ sole discretion and that The Portiera Group shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the ThePortieraGroup.com.
- Termination of your The Portiera Group account includes any or all of the following: (a) removal of access to all or part of the offerings within the ThePortieraGroup.com, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the ThePortieraGroup.com.
- Free Members: Cancellations will occur immediately upon request.
- Preferred Vendors or Members: No prorated refunds or general refunds are offered for fees paid.
- DEALINGS WITH ADVERTISERS
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the ThePortieraGroup.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that The Portiera Group shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the ThePortieraGroup.com.
- The ThePortieraGroup.com may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that The Portiera Group 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 The Portiera Group 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.
- THE PORTIERA GROUP’S PROPRIETARY RIGHTS
- You acknowledge and agree that the ThePortieraGroup.com and any necessary software used in connection with the ThePortieraGroup.com (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the ThePortieraGroup.com or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by The Portiera Group or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the ThePortieraGroup.com, such Content or the Software, in whole or in part.
The Portiera Group grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the ThePortieraGroup.com. You agree not to access the ThePortieraGroup.com by any means other than through the interface that is provided by The Portiera Group for use in accessing the ThePortieraGroup.com.
- DISCLAIMER OF WARRANTIES
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE THEPORTIERAGROUP.COM AND SOFTWARE ARE AT YOUR SOLE RISK. THE THEPORTIERAGROUP.COM AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE PORTIERA GROUP 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 THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. THE PORTIERA GROUP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE THEPORTIERAGROUP.COM OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE THEPORTIERAGROUP.COM OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE THEPORTIERAGROUP.COM OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE THEPORTIERAGROUP.COM OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE THEPORTIERAGROUP.COM OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PORTIERA GROUP OR THROUGH OR FROM THE THEPORTIERAGROUP.COM OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE THE PORTIERA GROUP SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE THE PORTIERA GROUP SERVICE. IMMEDIATELY DISCONTINUE USE OF THE THEPORTIERAGROUP.COM AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE THE PORTIERA GROUP SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PORTIERA GROUP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE PORTIERA GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE THE PORTIERA GROUP SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE THE PORTIERA GROUP SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE THE PORTIERA GROUP SERVICE.
- EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
- SPECIAL ADMONITION FOR THEPORTIERAGROUP.COM RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the ThePortieraGroup.com concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase “Let the investor beware” is apt. The ThePortieraGroup.com is provided for informational purposes only, and no Content included in the ThePortieraGroup.com is intended for trading or investing purposes. The Portiera Group and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the ThePortieraGroup.com, and shall not be responsible or liable for any trading or investment decisions based on such information.
- NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
The Portiera Group may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the ThePortieraGroup.com, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the ThePortieraGroup.com in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the ThePortieraGroup.com in an authorized manner.
- TRADEMARK INFORMATION
You agree that all of The Portiera Groups’ trademarks, trade names, service marks and other The Portiera Group logos and brand features, and product and service names are trademarks and the property of The Portiera Group Inc. (the “The Portiera Group Marks”). Without The Portiera Groups’ prior permission, you agree not to display or use in any manner the The Portiera Group Marks.
- NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
The Portiera Group respects the intellectual property of others, and we ask our users to do the same. The Portiera Group may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide The Portiera Groups’ the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
• The Portiera Groups’ Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o The Portiera Group Inc.
PO Box 2925, Grand Junction, CO 81502
By phone: (970) 367-4788
By email: info@ThePortieraGroup.com
- GENERAL INFORMATION
- Entire Agreement. The TOS constitutes the entire agreement between you and The Portiera Group and governs your use of the ThePortieraGroup.com, superseding any prior version of this TOS between you and The Portiera Group with respect to the ThePortieraGroup.com. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ThePortieraGroup.com, affiliate services, third-party content or third-party software.
• Choice of Law and Forum. You and The Portiera Group each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and The Portiera Group, shall be brought exclusively in the courts located in the county of El Paso, Colorado or the U.S. District Court for the District of Colorado. You and The Portiera Group agree to submit to the personal jurisdiction of the courts located within the county of Ell Paso, Colorado or the U.S. District Court for the District of Colorado, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
• Waiver and Severability of Terms. The failure of The Portiera Group to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
• No Right of Survivorship and Non-Transferability. You agree that your The Portiera Group account is non-transferable and any rights to your The Portiera Group ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
• Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the ThePortieraGroup.com or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
• The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our support group at email@example.com
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