Last updated on April 8th, 2015
This website located at www.mportal.com (the “Website”) is owned and operated by mPortal, Inc. (“mPortal”).
2.1 The Website and Materials, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by mPortal and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
2.2 The trademarks, logos and service marks displayed on the Website (the “Marks”) are the property of mPortal or the respective third parties. You are not permitted to use the Marks without the prior consent of mPortal or the third party that may own the Marks.
3. Limited Privilege
4. Your Account Information
4.1 As provided above, in order to access certain Services, You may be required to provide certain Account Information about Yourself as part of the registration process for the Service, or as part of Your continued use of the Services.
4.2 You agree that Your Account Information will always be complete, accurate and up-to-date. You may not use another person’s Account Information. mPortal may require that You change Your Account Information or certain parts of Your Account Information at any time for any reason. It is Your responsibility to keep Your Account Information confidential at all times and You are solely responsible for all activity that occurs in Your Account Information, including all activity that occurs in Your account as a result of Your failing to keep this information secure and confidential. If You become aware of any unauthorized use of Your account or Account Information, or any other breach of security, You agree to notify mPortal immediately. You may be held liable for losses incurred by mPortal or any other user of or visitor to the Website due to someone else using Your Account Information or password as a result of Your failing to keep Your Account Information secure and confidential.
5. Your Use of the Website
5.2 You agree to adhere to all limitations on dissemination, use and reproduction of any Materials that You download or access from the Website.
5.3 You agree not to access (or attempt to access) the Website and/or the Materials or Services by any means other than through the interface that is provided by mPortal. You shall not use any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Materials or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, Materials or any Content, to obtain or attempt to obtain any Materials, documents or information through any means not specifically made available through the Website.
5.4 You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any mPortal server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means.
5.5 You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of mPortal, including any mPortal account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website.
5.6 You agree not to use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
5.7 You shall not manipulate identifiers in order to disguise the origin of any message or transmission You send to mPortal on or through the Website or any service offered on or through the Website. You shall not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
5.9 You agree that You will not engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website).
5.10 You agree that You, not mPortal, are entirely responsible for all of the material that You distribute, perform, display, upload, post, email, transmit or otherwise make available on or through the Services. You assume all risks associated with use of Your material, including any reliance on its accuracy, completeness or usefulness.
5.11 You acknowledge and agree that by accessing or using the Website, Services or Materials, You may be exposed to materials from others that You may consider offensive, indecent or otherwise objectionable and hereby do waive any legal or equitable rights or remedies You have or may have against mPortal with respect thereto, and agree to indemnify and hold mPortal, its affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Website.
5.12 You agree not to use, or to encourage or permit others to use, the Website to:
(a) Make available any Material that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) Stalk, intimidate and/or harass another;
(c) Incite others to commit violence;
(d) Harm minors in any way;
(e) Make available any material that You do not have a right to make available under any law or contractual or fiduciary relationship;
(f) Make available any material that infringes any intellectual property right or other proprietary right of any party;
(g) Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
(h) Manipulate identifiers to disguise the origin of any of Materials posted on or transmitted through the Website;
(i) Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise);
(j) Use any mPortal domain name as a pseudonymous return email address;
(k) 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, hardware or telecommunications equipment;
(l) Access or use the Website in any manner that could damage, disable, overburden or impair any mPortal server or the networks connected to any mPortal server;
(n) Disrupt or interfere with the security of, or otherwise cause harm to, the Website, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or Linked Sites;
(o) Disrupt, interfere with, or inhibit any other user from using and enjoying access to the Website, Services or Materials, or other affiliated or linked sites, Websites, Services or Materials;
(p) Access or attempt to access any Material that You are not authorized to access; and
(q) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
5.14 You agree that mPortal may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website users.
6. Use of Materials
6.1 Except as expressly indicated to the contrary in any applicable Additional Terms, mPortal hereby grants You a nonexclusive, freely revocable (upon notice from mPortal), nontransferable, license to view, download and print the Materials, subject to the following conditions:
(a) You may access and use the Materials solely for personal, informational, and/or internal purposes, in accordance with the Terms;
(b) You may not modify or alter the Materials;
(c) You may not distribute or sell, rent, lease, license or otherwise make the Materials available to others; and
(d) You may not remove any text, copyright or other proprietary notices contained in the Materials.
6.2 The rights granted to You in Materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. No Material may be copied or retransmitted unless expressly permitted by mPortal.
6.4 If no license agreement accompanies the software, use of the software will be governed by the terms of this Section. mPortal grants You a personal, worldwide, freely revocable, limited, non-transferable, non sub-licensable, non-assignable, nonexclusive license to use the software in the manner permitted by the Terms. You agree that You will not decompile, reverse engineer or otherwise attempt to discover the source code of the software. Notwithstanding the foregoing, decompiling the software is permitted to the extent the laws of the jurisdiction where You are located give You the right to do so to obtain information necessary to render the software interoperable with other software, provided, however, that You must first request the information from mPortal and mPortal may, in its discretion, either provide such information to You or impose reasonable conditions, including reasonable fees, on use of the software to ensure that mPortal’s intellectual property rights in the software are protected. You shall not assign (or grant a sublicense of) Your rights to use the software, grant a security interest in or over Your rights to use the software, or otherwise transfer any part of Your rights to use the software. For clarity, Your use of the software is also subject to the disclaimers and limitations provided below.
7. Links to Third Party Websites
The Website may include links that will take You to other websites outside the Website (“Linked Sites”). The Linked Sites are provided by mPortal to You as a convenience and the inclusion of the links does not imply any endorsement by mPortal of any Linked Site. mPortal has no control of the Linked Sites and You agree that mPortal is not responsible for the availability or contents of any Linked Site (including any advertising, products or other materials on or available from such a Linked Site), any link contained in a Linked Site, or any changes or updates to a Linked Site.
8. Third Party Content
The Website makes available general third party information such as articles via RSS Feeds, and reports on news, finance, entertainment, technology and feature widgets, and other data from external sources (the “Third Party Content”). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable, but mPortal does not provide any guarantee with respect to any the Third Party Content. You agree not to hold mPortal liable for any loss suffered by You based on Your reliance on or use of such data, or any liability that may arise due to delays or interruptions in the delivery of the Third Party Content for any reason.
9. Modifications to Website, Services and Materials
mPortal may at any time and from time to time modify or discontinue, temporarily or permanently, the Website, Services or Materials, or any portion thereof, with or without notice. You agree that mPortal shall not be liable to You or any third party for any modification, suspension or discontinuance of the Website, Services or Materials.
(b) mPortal is required to do so by law (for example, where the provision of the Services or Materials to You is, or becomes, unlawful);
(c) The provision of the Services to You by mPortal is, in mPortal’s opinion, no longer commercially viable;
(d) mPortal has elected to discontinue, with or without reason, access to the Website, the Services or Materials (or any part thereof); or
(e) There has been an extended period of inactivity in Your account.
11.3 mPortal may also terminate or suspend all or a portion of Your account and/or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and Materials associated with or inside Your account (or any part thereof); and (iii) barring of further use of the Services.
11.4 You agree that all terminations for cause shall be made in mPortal’s sole discretion and that mPortal shall not be liable to You or any third party for any termination of Your account (and accompanying deletion of Your Account Information), or Your access to the Website, Services and Materials.
12. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
12.1 THE WEBSITE, SERVICES AND MATERIALS ARE PROVIDED BY mPORTAL ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, mPORTAL MAKES NO WARRANTY THAT: (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE, SERVICES OR MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM mPORTAL OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
12.2 mPORTAL SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF OR PARTICIPATION IN ANY SERVICES ON THE WEBSITE AND YOUR USE OF MATERIALS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND 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. mPORTAL ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM ANY OF THE SERVICES.
12.3 mPORTAL DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES. mPORTAL MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.
12.4 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, mPORTAL WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. mPORTAL ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
12.5 mPORTAL WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
12.6 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. International Users
The Website is controlled, operated and administered by mPortal from its offices in the United States of America. mPortal makes no representation that the Website, Services or Materials are appropriate or available for use at other locations outside the United States, and access to the Website from jurisdictions where the Services or Materials are illegal is prohibited. mPortal reserves the right to block access to the Website by certain international users. If You access the Website from a location outside the United States, You are responsible for compliance with all local law
14. Limitation of Liability
14.1 IN NO EVENT SHALL mPORTAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT mPORTAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
14.3 THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
15. Notification of Copyright Infringement
15.1 mPortal respects the intellectual property rights of others, and expects its users to do the same. mPortal may, in its sole discretion, terminate Your account if You violate others’ intellectual property rights.
15.2 If You believe that Your work has been copied in a way that constitutes infringement on the Website, please provide the following information to mPortal’s copyright agent:
(a) an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that You claim has been infringed;
(c) a description of where the material that You claim is infringing is located on the Website;
(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; and
(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 owner or authorized to act on the copyright owner’s behalf.
15.3 mPortal’s copyright agent for notice of claims of copyright infringement can be reached as follows:
7900 Westpark Drive, Suite A120, McLean, VA 22102,
By fax: 703.719.7899
By email: firstname.lastname@example.org
By telephone: 703.852.9600
15.4 The copyright agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Website or on websites linked to or from the Website, or in connection with the Services or Materials. All other inquiries directed to the copyright agent will not be responded to. Such inquiries should be made through the feedback procedure referenced at the end of this document.
17.1 mPortal may disclose any information mPortal may have about You (including your identity) if mPortal determines that such disclosure is necessary in connection with any investigation or complaint regarding Your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) mPortal’s rights or property, or the rights or property of visitors to or users of the Website, including mPortal’s customers. mPortal reserves the right at all times to disclose any information that mPortal deems necessary to comply with any applicable law, regulation, legal process or governmental request. mPortal also may disclose Your information when mPortal determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
17.4 You agree that mPortal may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.
18. Resolution of Disputes
18.1 Unless specified otherwise in any other agreement in force between the parties, all matters relating to Your access to, or use of, the Website shall be governed by the laws of the State of Virginia, United States of America, without regard to conflict of laws principles thereof. You agree that any claim or dispute You may have against mPortal must be resolved by a court located in Fairfax County, Virginia, United States of America except as otherwise agreed by the parties, or as set forth in Section 18.2 below. You agree to submit to the personal jurisdiction of the courts located in Fairfax County, Virginia, United States of America for the purpose of litigating such claims or disputes.
18.2 Unless specified otherwise in any other agreement in force between the parties, for any claim (excluding claims for injunctive or other equitable relief) for less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, it shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online, and/or be based solely on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
18.3 All claims You bring against mPortal must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should You file a claim contrary to this Section, mPortal may recover attorneys’ fees and costs up to U.S. $1,000, provided that mPortal has notified You in writing of the improperly filed claim and You have failed to properly withdraw the claim.
Feedback and Information
Any feedback You provide to this Website shall be deemed to be non-confidential. mPortal shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain the confidential or proprietary information of You or of third parties; (ii) mPortal is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) mPortal may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from mPortal for the feedback under any circumstances.
The information contained on this Website is subject to change without notice. Copyright © 2010-2015 mPortal Inc. All rights reserved. mPortal Inc., 7900 Westpark Drive, Suite A120, McLean, VA 22102.