Portive

Terms of Service

Last Updated: July 5, 2021

Thank you for using Portive. Please read the following agreement (the “Terms”) which explain the policies and rules related to use of our site. By creating a Portive account on our website, You (“You” refers to you, the user, together with any business entity you are representing) are stating that You are at least 18 years old or a minor whose parent is allowing You to use our site. Furthermore, You agree with the following Terms of Portive and MeZine Inc. (the company that owns Portive).

1. User Guidelines

In general, we do not screen or edit information transmitted or shared by users on Portive. However, we reserve the right to monitor your publicly available information and to investigate any public or private information that has been reported to us to be in violation of our Terms and/or is requested by law enforcement authorities. We reserve the right to make your public information private. For more serious infractions, we may remove any public or private information without notice, at our sole discretion. In these instances, You will be emailed an explanation as to why your content has been made private or been removed.

Public information refers to any information you post on Portive that is available for anyone to view online. Private information refers to any information you post on Portive that is marked as private to yourself only or a group of Portive Users.

As a member of Portive, you agree to:

  • Follow all of your local, provincial/state, national and international laws and regulations.
  • Be responsible for all information, data, text, software, music, sound, photographs, images, graphics, video or other material ("Content") that occur under your account or password.
  • Allow us to contact you via mail, email and telephone for the purpose of activation, service or billing of your account.

You agree not to do any of the following in connection with our Services:

  • Interfere with or disrupt Portive's site, services, computer systems, servers or networks.
  • Decipher, decompile, disassemble or reverse engineer any of the software used to provide Portive.
  • Send unsolicited communications or spam.
  • Send altered, deceptive or false source-identifying information including “spoofing” or “phishing.”
  • Attempt to gain unauthorized access to other users' accounts, sites, or computer systems or networks connected to Portive's site.
  • Plant malware or use Portive to distribute malware.
  • Upload, post or transmit through your Portive account any unlawful, harassing (including "stalking"), pornographic, harmful, defamatory, indecent, hateful, excessively violent or racially, ethnically or otherwise objectionable content.
  • Impersonate or misrepresent your affiliation with any person or entity.
  • Circumvent storage space limits.
  • Violate the privacy or infringe on the rights of others.
  • Post public content that might infringe on the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others.
  • Provide false information on your account.
  • Promote or provide instructional information about conducting illegal activities or promoting physical harm or injury against any group, individual or animal.

2. End Users to Your Portive

Your relationship with your end users, "End Users" in this Agreement referring to any user who visits your content delivered from Portive services, is independent from Portive. We will be not be held liable for any disagreements between you and your End Users and will not get involved with any disputes arising from your relationship.

3. Cancellation

Either you or Portive may cancel your account at any time. You agree that cancellation of your account is your sole right and remedy with respect to any dispute with Portive. You also agree that Portive may close your account and prevent you from using our services for violating any of our Terms of Service, or for any other reason, at any time, at Portive’s sole discretion, without prior notice to you. In most instances, however, Portive will review content and if it is found to be in violation of any of our Terms, you will be given a warning and possibly the offending content may be forced to become private. If the site continues to violate our terms, the offending content and/or your Portive will be deleted.

4. Content and Information

All data and content that You have posted on Portive will remain in Your account until the account is closed. It will also remain the intellectual property right of You. None of the data will be shared with a third-party unless otherwise allowed by You or required by the law or court order.

Up-time and Back-up

Portive will take industry-standard precautions to maintain and back-up your data on a periodic basis. We will reserve the right to interrupt service from time to time for maintenance and updates to our website no more than five (5) percent of the year. These service interruptions do not include power outages, service loss due to a third party or reasons listed in Section 6 Force Majeure.

6. Force Majeure

Portive shall not be liable for the failure to perform any of its obligations under this Agreement, if such failure is caused by the occurrence of any event beyond our reasonable control. This includes fire, flood, earthquakes, strikes or other industrial disturbances, accidents, transmission difficulties due to a third party, Internet outages, riots, insurrections, acts of God or orders of governmental agencies.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PORTIVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

PORTIVE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PORTIVE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

8. Limitation of Liability

IN NO EVENT SHALL PORTIVE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF PORTIVE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PORTIVE’S AGGREGATE LIABILITY TO YOU AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT YOU ACTUALLY PAY TO PORTIVE UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER IS LESS.

Without limiting the foregoing, neither Portive nor its suppliers is responsible for any of your data residing on our service. You are responsible for backing-up your data and information that may reside on our service, whether or not such information is produced through the use of the service. It is your responsibility to take the necessary steps to ensure that your primary means of business is maintained (if applicable).

9. Governing Law

These Terms are governed by the laws of the Province of British Columbia and the laws of Canada applicable therein. No action or proceeding may be commenced or maintained in relation to the site, the Services or these Terms except in a court of appropriate jurisdiction in British Columbia and you hereby irrevocably agree to attorn to the jurisdiction of such courts.

10. Dispute Resolution

You agree that any dispute or claim arising out of or related to the Service or this Agreement shall be finally settled by binding arbitration in Vancouver, British Columbia. The appointing authority will be the British Columbia International Commercial Arbitration Centre in accordance with its rules. The proceedings shall be conducted and all evidence shall be offered in the English language. You agree that any claim against Portive must be filed within one (1) year of the time such claim arose, regardless of any law to the contrary, otherwise such claim will be barred forever.

11. Severability

If any portion of this Agreement is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, such decision will not invalidate the Agreement as a whole. Only that portion that is unlawful, void, or unenforceable will be stricken from this Agreement.

12. Acknowledgement

By using the services of Portive, you acknowledge that you have read and have accepted these terms and conditions. You should also periodically review these Terms for changes. Your continued use of our services after a change confirms your agreement to the updated Terms.

13. Contacting Portive

You may contact Portive by email at tos@portive.com or via mail at Unit 8350, 200-375 Water St., Vancouver, BC, V6B 0M9, Canada.

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