Website Terms of Use

 Last updated on April 8th, 2015

 This version replaces the Terms of Use dated [NA] in its entirety.

 This website located at www.mportal.com (the “Website”) is owned and operated by mPortal, Inc. (“mPortal”).

These terms and conditions of use of the Website (the “Terms of Use”) between mPortal and the users / registrants of the Website (“You”) describe the terms on which mPortal offers You access to the Website and the Services (as defined below) through the Website.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE.  YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.

IF YOU DO NOT AGREE WITH THE TERMS OF USE, DO NOT USE THE WEBSITE.

1.          Acceptance of Terms of Use

1.1       By (i) using this Website or any resource or service provided by this Website (each a “Service”) in any way, including using, transmitting, downloading or uploading any materials made available or enabled via the Services; or (ii) merely browsing the Website, You agree that You have read, understood and agreed to be bound by these Terms of Use and the Website’s Online Privacy Policy available at www.mportal.com, which is incorporated herein by reference.

1.2       mPortal makes certain Services and Materials (defined below) available to You through the Website only if You have provided mPortal certain required registration information and/or created an mPortal ID and password or other log-in ID and password (collectively, the “Account Information”).  Some Services may also be subject to a subscription or other agreement, posted guidelines, rules, or additional terms of service, if any (the “Additional Terms”).  If there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that Service.   The term “Materials” means any content provided, made available or enabled by mPortal through the Website and includes, without limitation, any information, data, documents, images, photographs, graphics, audio, videos, or webcasts, products, and software.

1.3       By using the Website, You agree to the Terms of Use and the Additional Terms.  mPortal may make changes to the Terms of Use, the Additional Terms, etc., from time to time at mPortal’s sole discretion, including by way of imposing a charge for access to or use of a Service.  The revised Terms of Use shall be posted on the Website.  Your use of the Website and the Services is subject to the most current version of the Terms of Use posted on the Website at the time of such use.  You are requested to regularly visit www.mportal.com to view the most current Terms of Use.  You can determine when mPortal last modified the Terms of Use by referring to the “LAST UPDATED” legend above.  It shall be Your responsibility to check these Terms of Use periodically for changes.  mPortal may require You to provide Your consent to the updated Terms of Use in a specified manner before any further use of the Website and/or the Services is permitted.  If no such separate consent is sought, Your continued use of the Website, following changes to the Terms of Use, will constitute Your acceptance of those changes.

1.4       Services and Materials provided by third parties may be governed by separate agreements in addition to these Terms of Use accompanying such Services and Materials.

2.          Ownership

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.

2.3       Except as expressly provided in these Terms of Use, no part of the Website and no Material, Content or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without mPortal’s express prior written consent.

3.          Limited Privilege  

 Subject to compliance with the Terms of Use, mPortal grants You a personal, non-exclusive, limited privilege to access and use this Website and the Materials and Services provided thereon.  You agree not to interrupt or attempt to interrupt the operation of the Website in any manner.  You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Material, information or Services obtained from or available on the Website.

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

5.1       You agree to use the Website, the Services and Material only for purposes that are permitted by: (a) these Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

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.

5.8       You shall not use the Website or any Material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of mPortal or other third parties.

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;

(m)      Intentionally or unintentionally interfere with or disrupt the Services or violate any applicable laws related to the access to or use of the Website, violate any requirements, procedures, policies or regulations of networks connected to the Website, or engage in any activity prohibited by these Terms of Use;

(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.

5.13    You agree that You are solely responsible to mPortal and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which mPortal may suffer) for any such breach.

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.

6.3       Any software that is made available by mPortal to You via the Website such as a Widget Development Kit, is the property of mPortal and/or its suppliers.  If the software made available via the Website is accompanied by license terms, then use of such software is governed by the terms of such license agreement that accompanies or is included with the software.  Other license terms may be posted with the software downloads or at the web page where the software can be accessed.  You shall not use, download or install any software that is accompanied by or includes a license agreement unless You agree to the terms of such license agreement.  Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the software is prohibited, including any copying or redistribution of the software to any other server or location.  If there is any conflict between these Terms of Use and the license agreement provided with such software, the license agreement shall take precedence in relation to that software.

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.

10.       Investigations

10.1    mPortal, in its sole discretion, may (but has no obligation to) monitor or review the Website at any time. Without limiting the foregoing, mPortal shall have the right, in its sole discretion, to remove any of Your Material for any reason (or no reason), including if such Material violates the Terms of Use or any applicable law.

10.2    Although mPortal does not generally monitor user activity occurring in connection with the Website, if mPortal becomes aware of any possible violations by You of any provision of the Terms of Use, mPortal reserves the right to investigate such violations, and mPortal may, at its sole discretion, immediately terminate Your privilege to access the Website and use the Services or change, alter or remove Your material or Account Information, in whole or in part, without prior notice to You.  If, as a result of such investigation, mPortal believes that criminal activity has occurred, mPortal reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities.  Except to the extent prohibited by applicable law, mPortal is entitled to retain and/or disclose any information or Materials, including Your Material or Account Information (or elements thereof), in mPortal’s possession in connection with Your use of the Website to (i) comply with applicable law, legal process or governmental request; (ii) enforce the Terms of Use; (iii) respond to any claims that Your material violates the Terms of Use or rights of third parties; (iv) respond to Your requests for customer services; or (v) protect the rights, property or personal safety of mPortal, its users or third parties, including the public at large, as mPortal, in its sole discretion, believes to be necessary or appropriate.

11.       Termination

11.1    The Terms of Use will continue to apply until terminated by either You or mPortal as set forth below.  If You want to terminate Your agreement with mPortal, You may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the Services or Materials that You use, where mPortal has made this option available to You.

 

 11.2    mPortal may, at any time, with or without notice, terminate the Terms of Use (or portion thereof, such as any individual Additional Terms) with You if:

(a)        You breach any of the provisions of the Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);

(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.

14.2    IN CASE THE LAW PROHIBITS COMPLETE EXCLUSION OF LIABILITY AS ABOVE, mPORTAL’S AGGREGATE LIABILITY (WHETHER UNDER CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTEHRWISE) AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH THESE TERMS OF USE SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100) OR THE AGGREGATE AMOUNT PAID BY YOU FOR ACCESS TO THE SERVICE, WHICHEVER IS LESSER.  THIS LIMITATION WILL APPLY EVEN IF mPORTAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

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:

By mail:
Copyright Agent
mPortal Inc.
7900 Westpark Drive, Suite A120, McLean, VA 22102,

By fax: 703.719.7899

By email: legal@mportal.com

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.

16.       Indemnity

You agree to indemnify and hold mPortal, its officers, directors, shareholders,  successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against mPortal by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your Material caused damage to a third party, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.

17.       Violation of the Terms of Use

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.

17.2    You acknowledge and agree that mPortal may preserve any transmittal or communication by You with mPortal through the Website or any Service, and may also disclose such data if required to do so by law or if mPortal determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms of Use; (3) respond to claims that any such data violates the rights of others; or (4) protect the rights, property or personal safety of mPortal, its employees, users of, or visitors to, the Website, and the public.

17.3    You agree that mPortal may, in its sole discretion and without prior notice, terminate Your access to the Website and/or block Your future access to the Website if mPortal determines that You have violated these Terms of Use or other agreements or guidelines which may be associated with Your use of the Website.  You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to mPortal, for which monetary damages would be inadequate, and You consent to mPortal obtaining any injunctive or equitable relief that mPortal deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies mPortal may have at law or in equity.

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.

17.5    If mPortal does take any legal action against You as a result of Your violation of these Terms of Use, mPortal will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to mPortal.  You agree that mPortal will not be liable to You or to any third party for termination of Your access to the Website as a result of any violation of these Terms of Use.

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.

18.4    Notwithstanding the foregoing, in the event of Your or others’ unauthorized access to or use of the Website, the Services or the Materials in violation of the Terms of Use, You agree that mPortal shall be entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

19.       General

19.1    Any notice provided to mPortal pursuant to the Terms of Use should be sent to mPortal Inc., 7900 Westpark Drive, Suite A120, McLean, VA 22102. Attention: Chief Operating Officer.

19.2    The Terms of Use constitute the entire agreement between mPortal and You with respect to Your access to or use of the Website and supersede any prior agreements between You and mPortal on such subject matter.

19.3    You may not assign or otherwise transfer the Terms of Use, or any right granted hereunder, without mPortal’s written consent.  mPortal’s rights under the Terms of Use are freely transferable by mPortal.

19.4    If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

19.5    Any failure by mPortal to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by mPortal of that provision or right.

19.6    Please report any violations of the Terms of Use via the report abuse mechanism offered in conjunction with the specific Service in which the alleged violation occurs.

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.