Last Updated: 04/20/18
Portside Marketing Terms of Service
These terms and conditions of use (“Site Terms”) apply exclusively to your access to, and use of, the web site of Portside Marketing, LLC (“Company”), located at www.portsidemarketing.com (the “Site”) and the information and other services provided therein (the “Services”). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Company, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify you and Company for violations of these Site Terms.
Company reserves the right to change or modify any of the terms and conditions contained in these Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Company will provide notice of these changes by posting the revised terms on the Site and indicating on the Site Terms the date it was last updated. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. If you do not agree to the amended terms, you must stop using the Site.
a. Company takes your privacy seriously.
Because we gather certain types of information about our users we want to help you understand the terms and conditions surrounding the collection and use of that information. This privacy statement discloses the types of information we gather, how we use it, and how to correct or change it.
b. What personally identifiable information does Company collect?
c. How does Company use the information?
Company uses the information we gather for two general purposes: (i) to enhance the user experience of our Site; and (ii) to fulfill your requests for certain products and services.
d. How does Company share the information?
Company does not share your information with advertisers or third parties; except that, in the event a third party supplier or payment processor is fulfilling an order for a product, the third party supplier or payment processor may be provided the necessary information to fulfill your order.
e. What Can I See and Do at the Site?
You can view much of the content and use many of the services offered by the Site without providing any personal information to Company.
f. How can I update or remove my personally identifiable information?
You can correct or change the information you provide to Company by sending an email to email@example.com or clicking the link at the bottom of emails we send.
Any modifications to our privacy practices will be reflected first within this area of our Site. We also notify our lists when major updates are made.
h. Privacy of children:
The Site is not directed to children under the age of 13. If you are under the age of 13, you may not provide any personal information to via the Site or Web Store.
i. Processing of Credit Cards:
Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the Internet. We do not receive or know any details about your credit card info as it is not stored or processed on our website.
j. Where do we store your account information?
We use industry-standard, secure software, such as MailChimp to store information when you sign up for our newsletters. If making a payment online, only your name, address and products purchased or used will be stored in our secure industry-standard software. We do not know or retain any credit card or payment information. You may request we delete or purge any and all data collected about you at any time by contacting is at firstname.lastname@example.org.
- Consent to Receive E-mails
If you provide Company your email address, you consent to receive e-mails from Company, which may include commercial e-mails. You may unsubscribe to emails by clicking the unsubscribe link when you receive an email from Company.
- Copyright and Limited License
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Company logo, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Company or its licensors or users and are protected by U.S. and international copyright laws. You are granted a limited, license to access and use the Site but other than that, please don’t copy our stuff or the stuff belonging to third parties.
- Copyright Complaints
If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement:
Portside Marketing, LLC
Attn: Lisa ParzialeFull
Address of Designated Agent to Which Notification Should be Sent:
1011 Surrey Lane, Bldg 200
Flower Mound, Texas 75022
Telephone Number of Designated Agent:
E-Mail Address of Designated Agent:
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s address in our records.
PORTSIDE MARKETING, DIVE INTO TRAVEL and DIVE INTO TRAVEL and any other product or service name or slogan contained in the Site are trademarks of Company and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Again, don’t use our stuff or anybody else’s stuff without permission.
- Shipping, Returns & Refunds
a. Shipping – We ship via UPS, FEDEX or USPS, depending upon the product or service. Please refer to your product description for shipping method and processing times. A tracking number will be added to your account dashboard in the order section upon shipment. In most cases, products ship in 3-7 days via ground services or first class mail. Please refer to the product description for details.
b. Hard Goods (including but not limited to print marketing, signs, marketing products and books) – Portside Marketing does not take title to returned items until the item arrives at our office. At our discretion, a refund may be issued without requiring a return. In this situation, Portside Marketing does not take title to the refunded item.
c. One-time or recurring services (including but not limited to website design, online marketing, logo design and consulting) – Services are governed by your signed, written contract or agreement and as such, if a refund is warranted, it will be processed and the funds returned as defined by said document.If you think you have a billing issue or think you have been incorrectly charged, please contact email@example.com or call (972) 979-9316.
- Third Party Sites
Company makes no claim or representation regarding, and accepts no responsibility for the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Company doesn’t control those sites and you need to review the terms and conditions for those sites. Company provides these links for convenience and not as a reflection of Company’s endorsement.
- Third Party Services
The Site may also contain, provide information regarding or link to certain applications and services provided or offered by third parties (collectively the “Third-Party Services.) Company is merely an information provider and is not a referral service, and it does not recommend or endorse any such Third-Party Services or monitor or have any control over such Third-Party Services. Company makes no guarantee, representation or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any such Third-Party Services or the results. You assume full responsibility for your use of any such Third-Party Services, and Company is not responsible or liable for any Third-Party Services.
- Advertisements and Promotions
Company may run advertisements and promotions from third parties on the Site. You are responsible for your dealings with third parties and third party sites. Company is not.
- User Posted Content & Other Interactive Services or Areas
Anything you submit to the Site, other than your personal information becomes the property of Company and Company can use that information for any purpose without acknowledging or compensating you. The Site includes areas in which users may post content and information. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:a. User Content that is false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable, including without limitation any recommendation, endorsement, rating, or review of a professional with whom you have not had direct, personal experience in a professional context or as a client or patient of such professional;b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct, or that would otherwise create liability or violate any local, state, national or international law;c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content as provided under these Site Terms;d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;e. Unsolicited promotions, political campaigning, advertising or solicitations, including without limitation any advertisements for professional services, professional service providers, or professional referral services;f. Private or confidential information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers;g. Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files;h. Any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; andi. User Content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying Site or which may expose Company or its users to any harm or liability of any type.
- Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company. In addition, you agree not to access or use, or attempt to access or use, the Site or any part thereof using the identity or the Registration Data of any person other than yourself.
- Disclaimers and Acknowledgements Regarding Use of Site Information
a. The site, the site materials and the services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. Company disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the information, content or materials in the site. Company does not represent or warrant that site materials, including the information available in or on the site, or the services are accurate, complete, reliable, current or error-free. Company does not represent or warrant that the site or its servers are free of viruses or other harmful components. b. Company’s goal is to allow others to provide useful information regarding products, services, professionals and professional services, and you acknowledge that such information is reliant upon third party data and contributions. Sometimes, the information provided is wrong, inaccurate and not current. You agree to be solely responsible for your use of the Site, the Site Materials and the Services and for determining the suitability of, and the results obtained from, any person/business/entity you hire.c. Company reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any professionals, professional service providers or organizations, educational institutions, associations, organizations, publications, licenses, accreditations, ratings, evaluations, endorsements, reviews, products, services, processes or other information, by name, trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
- Limitation of Liability
In no event shall Company or any of its corporate affiliates, independent contractors, service providers or consultants, or any of their respective directors, employees and agents, be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to medical outcomes, the outcome of legal matters, 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 related to or connected with any use of the site, the services, the content or the materials contained in or accessed through the site, including without limitation any damages, loss or injury caused by or resulting from reliance by user on any information obtained from Company or the site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, 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 Company’s records, programs or services. The aggregate liability of Company, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating in any manner to the use of the site or the site materials, shall not exceed any compensation you pay, if any, to Company for access to or use of the site.
You agree to defend, indemnify and hold harmless Company, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site or your use of or inability to use the Site or the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
- Applicable Law and Venue
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas (even if your use is outside of the State of Texas), without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Site or these Site Terms shall be filed only in the state and federal courts located in Denton County, Texas and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
Notwithstanding any of these Site Terms, Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your access to and use of the Site.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.