- Termination of Service
- Service may be terminated at any time, with a fifteen (15) day written notice. Written notice of termination must be sent to the attention of the Administrator at Portative Technologies, PO Box 160, Corydon, IN 47112, or via e-mail to email@example.com. Arrangements will be made to remove the Portative Equipment from your premisis. If we are unable to retrieve our equipment prior to you relinquishing access to the premises, it is your responsibility to secure the safe return the Portative Equipment to us at Portative Technologies, 2030 Hwy 337 NW, Suite A1, Corydon, IN 47112. A charge of one hundred dollars ($100.00 US) will be assessed to you if you fail to secure the safe return of our equipment when you terminate service with us.
- Access to Customer Premises
- Customer hereby grants Portative Technologies and its Affiliates, and their respective employees, contractors and agents the right to enter Customer property and premises at any time for the purpose of operating or maintaining the Portative Equipment or the Portative Network, retrieving Portative Equipment or fulfilling its obligations or exercising its rights under this Agreement. Portative shall provide Customer with reasonable advance notice of any such planned access, except when, in the reasonable opinion of Portative Technologies, an emergency or other exigent circumstance exists that would require Portative Technologies to immediately enter Customer property and premises.
- Customer Obligation to Maintain Power to Portative Equipment
- Customer understands, acknowledges and agrees that: (i) Customer must provide electrical power and a continuous connection to the power grid to Portative Equipment at all times (including, without limitation, when Customer is not using the Service), and (ii) Customer failure to provide such power and continuous connection may result in damage to the Portative Equipment or to Customer computer, equipment, property or premises, for which damage Customer will be solely responsible.
- Replacement and Upgrade of Portative Equipment
- Customer will be solely liable for, and Portative shall have no obligation to repair, replace or otherwise upgrade, any Portative Equipment that has been, in Portative Technologies sole discretion, damaged or otherwise requires repair, replacement or upgrade as a result of damage or disruption caused by misuse or neglect or otherwise caused by Customer. Customer understands and agrees that Portative Technologies ability to provide an appropriate quality of Service to Customer and the other customers on the Portative Network may from time to time require upgrades or replacement of the Portative Equipment at such time as Portative determines, in its sole discretion, that the Portative Equipment needs to be upgraded or replaced for current Customer service plan. Customer understands, acknowledges and agrees that upgrades in equipment may be necessary when the Customer upgrades his/her service plan. For service plan upgrades, the Customer may be charged a one-time Equipment Upgrade Fee up to fifty-dollars ($50.00 US).
- Standards of Online Conduct
- Portative wants to make this a pleasant experience for everyone. Therefore we have created some standards for online conduct. Failure to adhere to these may terminate your right to use this service.
You agree not to submit, publish, or display on our web site or Facebook Page any defamatory, abusive, threatening, racially or sexually offensive or illegal material, or any material that infringes or violates another persons rights.
You agree not to target Portative Technologies or any other user specifically to cause harm, distress, embarrassment or other discomfort.
You agree not to use this system for chain letters or unsolicited junk mail.
You agree to use the web site at all times in a manner consistent with all applicable laws and regulations.
You agree to protect your password from disclosure and not allow others to use your password.
You agree not to share or resell your connection with another party.
- Trademarks and Service Marks
- Portative Technologies are registered trademarks of Portative Technologies. Portative Technologies graphics, logos, and service names are service marks of Portative Technologies and may not be used in connection with any product or service that is not from Portative Technologies, in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits Portative Technologies, or in a manner that implies inaccurately that we sponsor, endorse, or are otherwise connected with your own activities, products or services. Other trademarks and service marks that appear on the site belong to their respective owners.
- right, Proprietary Rights and Licenses
- The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to our web site are protected under applicable rights, trademarks and other proprietary (including but not limited to intellectual property) rights. The ing, redistribution, use or publication by you of any such matters or any part of our web site is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the web site. The posting of information or materials on the web site does not constitute a waiver of any right in such information and materials. You may not post any information for which you do not hold the right (or the right to publish) on this site. This web site may contain other proprietary notices and right information of others, the terms of which you agree to observe and follow.
- Unauthorized Use
- It is possible that other users or unauthorized "hackers" may post or transmit offensive or obscene materials on the web site and that users may be involuntarily exposed to such offensive or obscene materials. It may also be possible for other users to obtain personal information about you (name and contact information) due to your use of electronic mail on the web site or through unauthorized "hacking", and that the recipient may use such for improper purposes. By accessing this web site, you agree to undertake the risk of such occurrences. Further, you agree to monitor your minors' use of this web site and to educate such minors about sharing personal information on the web site.
- Disclaimer of Warranties
YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PORTATIVE TECHNOLOGIES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PORTATIVE TECHNOLOGIES MAKES NO WARRANTY THAT (i) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE 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.
- Limitation of Liability
- UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL PORTATIVE TECHNOLOGIES, OR ITS SUBSIDIARIES AND AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEB SITE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE WEB SITE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR ELECTRONIC MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PORTATIVE TECHNOLOGIES'S RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT PORTATIVE TECHNOLOGIES IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM PORTATIVE TECHNOLOGIES OR ITS SUBSIDIARIES AND AFFILIATES.
- Governing Law
- The web site is controlled by Portative Technologies from our offices in the State of Indiana, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. The network however is not designed for the use of and not targeted to persons from outside the United States. By accessing this web site, you agree that the statues and laws of the State of Indiana without regard to the conflicts of law principles thereof, will apply to all matters relating to the use of this web site. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Harrison County and the United States District Court of Indiana with respect to such matters. You further agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our web site of must be filed within one (1) year after such claim or cause of action arose or be forever barred. Portative Technologies makes no representation that materials on this web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.