Terms of Use

TERMS OF USE

Effective December 2, 2019

About Us

This website is owned and operated by PolyPort, Inc. (“PolyPort” “us,” “our,” or “we”), a Delaware Corporation with offices at 1525 Raleigh St Suite 330, Denver, CO 80204, United States. These Terms of Use (“Terms”) set forth the terms and conditions under which you are authorized to access and use our website located at www.polyport.io, including any subdomains, mobile versions, and any other sites that link to or post these Terms (collectively, the “Site”).

Other Agreements

To the extent additional rules or guidelines affect your use of our Site, those rules and guidelines (including our Privacy Policy available on the Site) are hereby incorporated by reference into these Terms. By using our Site, you agree to these Terms. If you do not agree to these Terms, you should immediately stop using our Site.

Through your use of our Site, you acknowledge these Terms.

Consent to Electronic Communications

By using the Site, you agree that PolyPort may communicate with you electronically regarding your use of the Site and that any notices, agreements, disclosures or other communications that PolyPort sends to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify PolyPort at info@polyport.io.

Modifications and Interruption to the Site

We reserve the right to modify or discontinue all or any portion of our Site with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Site, or that our Site will be error free. You understand that usage of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Your Access to the Site

As a condition of your right to access and use our Site, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Site under the laws of the United States or any other country. PolyPort reserves the right to terminate your access with or without reason at any time. YOU ARE ENTIRELY RESPONSIBLE FOR ALL ACTIVITIES CONDUCTED IN CONNECTION WITH THE USE OF THE SITE ON YOUR DEVICE(S).

Restricted Activities

You may not engage in any of the following with regard to the Site (including without limitation posting or transmitting content through the Site):

  1. violate or encourage the violation of any local, state, national, or international law or regulation;
  2. collect or store personal data about other users of our Site or solicit personal information from any individual without proper rights or consent of the individual;
  3. send or promote any message that is unlawful; libelous; defamatory; abusive; sexually explicit; threatening; vulgar; obscene; profane; disparaging regarding racial, gender or ethnic background; any statement that you have reason to know is false or misleading; or otherwise objectionable messages, as determined by PolyPort in its sole discretion;
  4. infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships;
  5. promote or distribute any unauthorized advertising; promotional materials; or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or similar material; any request for or solicitation of money, goods, or services for private gain; or any information posted primarily for advertising, promotional, or other commercial purposes;
  6. disrupt or interfere with the security or use of the Site or any websites or content linked to it;
  7. interfere with or damage the integrity of the Site, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Site;
  8. use the Site to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs or Trojan horses;
  9. attempt to use another user, person or entity, misrepresent your affiliation with a person or entity, including (without limitation) PolyPort, or create or use a false identity;
  10. attempt to obtain unauthorized access to the Site or portions thereof that are restricted from general access;
  11. use any meta tags or any other “hidden text” utilizing PolyPort’s name, trademarks, or product names;
  12. attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Site;
  13. engage in any activity that interferes with any third party’s ability to use or enjoy the Site; or
  14. assist any third party in engaging in any activity prohibited by these Terms.

Further, without our written consent, you may not:

  1. reproduce, duplicate, copy, sell, resell, create derivative works, or exploit for any commercial purpose any PolyPort content or any use of or access to the Site;
  2. use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Site or monitor or copy our web pages or the content contained thereon;
  3. deep link to the Site for any purpose; or frame the Site, place pop-up windows over any content, or otherwise affect the display of the Site; or
  4. reverse engineer the Site (to the extent such restriction is permitted by law).

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, POLYPORT, INC., ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “POLYPORT PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. OUR SITE AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE POLYPORT PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF OUR SITE. UNDER NO CIRCUMSTANCES, WILL ANY OF THE POLYPORT PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON OUR SITE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH OUR SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY POLYPORT PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE POLYPORT PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR OR THE RELEASEES’ TOTAL LIABILITY TO YOU EXCEED $100.00. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

Indemnification

You agree to indemnify, defend, and hold the PolyPort Parties harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of your posting of any content on our Site, or other use of our Site in a manner not permitted by these Terms, including without limitation your actual or alleged violation of these Terms, or infringement of a third party’s intellectual property or other rights by you or another user of our Site using your computer, mobile device or account.

Copyright and Trademark Information

All content, copyrights and other intellectual property rights in the content available on our Site, including without limitation design, text, graphics, interfaces, and the selection and arrangements thereof (collectively “Content”), are owned by PolyPort, with all rights reserved, or in some cases may be licensed to PolyPort by third parties. This Content is protected by the intellectual property rights of PolyPort or those third-party owners. All Content which qualifies for protection under U.S. Federal Copyright Law is subject to the exclusive jurisdiction of the U.S. Federal Court System, whether registered or unregistered. All trademarks displayed on our Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with PolyPort.

Permitted Use of the Content

Any use of Content on the Site, including without limitation reproduction for purposes other than those noted herein, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of PolyPort, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the Content contained therein without prior written permission of an authorized officer of PolyPort. You may not make any use of Content owned by any third parties which is available on the Site, without the express consent of those third parties.

Content Complaints

If you believe that any Content on our Site violates these Terms or is otherwise inappropriate, please report the Content to us by mail at: 1525 Raleigh St Suite 330, Denver, CO 80204 or by email at: info@polyport.io.

Providing Feedback to PolyPort

We welcome your comments and feedback about our Site. All information and materials submitted to PolyPort through the Site or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Site or the business of PolyPort (collectively, “Feedback”), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but PolyPort reserves the right to treat any such Feedback as the confidential information of PolyPort.

By submitting Feedback to PolyPort, you hereby assign to the PolyPort Parties, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The PolyPort Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado and the United States of America, without resort to any conflict of law provisions. In the event of any controversy or claim arising out of or relating in any way to these Terms or the Site, such action shall be filed only in the state and federal courts located in Denver, Colorado and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms or the use of the Site.

Compliance with Laws

You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use our Site in any way that violates applicable state, federal, or international laws, regulations, relevant guidance, or other government requirements.

Changes to These Terms

We reserve the right, at any time, to modify, alter, or update these Terms without prior notice. You are encouraged to check this page regularly for changes to the Terms. Modifications will become effective immediately upon being posted to our Site, without further notice to you. Your continued use of our Site after such modifications are posted constitutes your acknowledgement and acceptance of such modifications, and you may not amend these Terms.

Other Terms

If any provision of these Terms is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of PolyPort.

No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms.

PolyPort will not be liable for any failure or deficiency in the performance or availability of the Site by reason of the occurrence of any event beyond our reasonable control, including without limitation, a labor disturbance, an Internet outage, interruption of service, communication outage, failure by a service provider to PolyPort, fire, terrorism, natural disaster, or war.

You agree that these Terms and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. You agree and understand that these Terms together with any other applicable click-through agreements you may have entered into regarding our Site, constitutes the entire agreement between you and PolyPort regarding your use of the Site, and that any other prior agreements between you and PolyPort are superseded by these Terms.

Any failure by PolyPort to exercise its rights under these Terms or to enforce the terms hereof will not constitute a waiver of those rights.
You 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 Site or relating to these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Contact Us

If you have any questions about these Terms, please feel free to please contact us at

info@polyport.io

1525 Raleigh Street, Suite 330, Denver, CO 80204

720-432-6597

Notice for California Users

Under California Civil Code Section 1789.3, California users of our Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.