Sites Governed by Terms and Conditions
Changes to Terms and Conditions
PortaPull may revise these Terms and Conditions at any time, at its sole discretion, by posting an updated version on the Sites. Any changes that we make will be effective immediately upon posting. Please check this page periodically for changes. You will be able to determine if there have been changes since your previous visit by viewing the Last Updated information that appears at the bottom of these Terms and Conditions. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at the Sites.
Use of Site
The design and all text, graphics, information, content, and other material displayed on or that can be downloaded from any of the Sites are either the property of, or used with permission by, PortaPull and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on any of the Sites in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
Trademarks, trade names, service marks and logos used or displayed on the Sites are registered and unregistered trademarks, trade names and service marks of PortaPull and its affiliates. Nothing contained on any of the Sites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on any of the Sites without the prior written permission of PortaPull.
Linking to the Sites
Creating or maintaining any link from another Web site to any page on any of the Sites without PortaPull's prior written permission is prohibited. Running or displaying any of the Sites or any material displayed on any of the Sites in frames or through similar means on another Web site without PortaPull's prior written permission is prohibited. Any permitted links to any of the Sites must comply will all applicable laws, rule and regulations.
Third Party Links
From time to time, the Sites may contain links to Web sites that are not owned, operated or controlled by PortaPull, or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave our Site. Neither PortaPull nor any of its affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither PortaPull nor any of its affiliates endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from one of the Sites, you do so entirely at your own risk.
User Information and User Content
Other than personally identifiable information, which is subject to Porta~Pull’s Privacy and Security Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, reviews, messages, recommendations, or other communication or other user-generated content (including, without limitation, videos, photos or other materials or items) you transmit or post to any Site in any manner ("User Content") are and will be considered non-confidential and non-proprietary, even if the User Content is in a password-protected area. PortaPull, and each of its affiliates and/or their designees, may use any or all User Content for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing, in any manner whatsoever, for any or all commercial or non-commercial purposes. Without limiting the foregoing, PortaPull reserves the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. PortaPull is under no obligation to offer you any payment for User Content that you submit or the opportunity to edit, delete or otherwise modify User Content once it has been submitted to PortaPull. PortaPull shall have no duty to attribute authorship of User Content to you, and shall not be obligated to enforce any form of attribution by third parties. If it is determined that you retain moral rights (including rights of attribution or integrity) in any User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by PortaPull or each of its affiliates and/or their designees; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release PortaPull and its affiliates and/or their designees, from any claims that you could otherwise assert against any of them by virtue of any such moral rights. You also permit any other user to access, view, store, or reproduce the User Content for that user's personal use. If User Content is shared with third parties, those third parties may have retained copies of your User Content. In addition, if we make use of your User Content before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Content. Terminating your account on a Site will not automatically delete your User Content.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Without in any way limiting the foregoing, if you submit any User Content or participate in an Interactive Area, you agree to abide by the following rules of conduct:
Account and Password
If you use any Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Privacy and Security
We respect the privacy of our customers. Please read our Privacy and Security Policy which is designed to help you understand what information we gather online and what we do with that information. Privacy and Security Policy
PortaPull tries to ensure that the information provided on any of our Sites or in any PortaPull catalog or advertisement is accurate and up-to-date but due to the risk that the information may be compromised by software or procedural errors, PortaPull does not guarantee the accuracy or completeness of the information provided on any Site or in any PortaPull catalog or advertisement. Without in any way limiting the foregoing, PortaPull disclaims any and all responsibility for the accuracy or completeness of any information or other content in User Content. PortaPull reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. Photos may vary. Pricing and shipping and handling rates are subject to change without notice. We apologize for any inconvenience this may cause you.
YOUR USE OF THE SITES IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THE SITES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER PORTAPULL, NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR SUPPLIERS WARRANTS THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON THROUGH THE SITES. THE MATERIALS AND SERVICES ON OR THROUGH THE SITES MAY BE OUT OF DATE, AND NEITHER PORTAPULL, NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR SUPPLIERS MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY
PortaPull and its service providers assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing any Site or your downloading of any materials, from any Site. IN NO EVENT WILL PORTAPULL, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, NOR ITS SERVICE PROVIDERS OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF ANY SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF ANY OF THE SITES, ANY WEB SITES LINKED TO ANY OF THE SITES, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Choice of Law; Jurisdiction
These Terms and Conditions supersede any other agreement between you and PortaPull to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Florida, USA, without giving effect to any principles of conflicts of laws. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Davenport, Florida USA in all disputes (a) arising out of, relating to, or concerning any of the Sites and/or these Terms and Conditions, (b) in which any of the Sites and/or these Terms and Conditions are an issue or a material fact, or (c) in which any of the Sites and/or these Terms and Conditions are referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of any of the Sites is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms and Conditions, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. PortaPull has endeavored to comply with all legal requirements known to it in creating and maintaining each of the Sites, but makes no representation that materials on any of the Sites are appropriate or available for use in any particular jurisdiction. Use of any of the Sites is unauthorized in any jurisdiction where all or any portion of such Site may violate any legal requirements and you agree not to access such Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms and Conditions is at your own risk and, if any part of these Terms and Conditions are invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions shall govern such use.
You or we may suspend or terminate your account or your use of any of the Sites at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of any of the Sites at any time without notice.
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to call our Customer Service Department at 1-863-421-4368 Monday through Friday 7:00 a.m. to 3:30 p.m. EST
These Terms and Conditions, the Privacy and Security Policy, and terms of sale constitute the entire agreement between you and PortaPull with respect to the Sites. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and PortaPull with respect to the Sites. No modification of this agreement shall be effective unless it is authored by PortaPull, or unless it is physically signed in blue ink by a PortaPull executive officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by PortaPull in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of any of the Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by PortaPull in printed form.
Last Updated May 16, 2012