Terms of Use

 

 

1.       Acceptance of Terms of Use and Amendments. Each time you use or cause access to this website you agree to be bound by these Terms of Use, and as amended from time to time with or without notice to you. If you are using a particular service on or through this website, you will be subject to any rules or policies applicable to those services and they shall be incorporated by reference into these Terms of Use.

 

2.       Our Service. Our website and services are provided to you on an as is basis. You agree that the owners of this website exclusively reserve the right, and may at any time without notice and any liability to you, modify or discontinue this website and its services or delete the data you provided, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy or improper delivery of any data or information.

 

3.       Third Party Services. Products of third parties are advertised and made available through this website. Representations made regarding products provided by these third parties are governed by the policies and representations made by these third parties. PortoLynx shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

 

4.       PortoLynx Technology.  You acknowledge that PortoLynx owns all rights, title and interest in and to the PortoLynx Technology (except for any software licensed by third parties to PortoLynx), and that you shall not acquire any rights, title, and interest in or to the PortoLynx Technology. You shall not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any PortoLynx Technology.  You will not remove, obscure, or alter PortoLynx's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within any PortoLynx software or documentation.

5.       Privacy.  PortoLynx acknowledges that adherence to fair information collection practices is of utmost importance. PortoLynx collects personal information from visitors to this website, as well as those recipients who receive gift baskets. PortoLynx does not share, trade, sell or rent any of its customer or recipient information except with the third parties of this site that advertise their products with PortoLynx. PortoLynx uses this information to communicate, from time to time, with its customers and recipients. Each customer and recipient communication includes an opt-out function which may be used.

 

6.       Registration and Password. You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use of your registration, user account or password.

 

7.       Your Conduct. You agree that all information or data of any kind, whether text, software, code, photographs, or other material (“content”), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our website may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this website nor for any error or omission.

 

8.       Links from PortoLynx. The linked sites are not under the control of PortoLynx and PortoLynx is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. PortoLynx is not responsible for webcasting or any other form of transmission received from any linked site. PortoLynx is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PortoLynx of the site.

 

9.       Reservation of Rights. PortoLynx reserve all rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets and any other proprietary right that we may have in our website, its content and the services provided. The use of our rights requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make commercial uses of our website or service without our prior written consent.

 

10.     Disclaimer of Warranties.  You understand and agree that use of this website and any services or content provided is made available and provided to you at your own risk. It is provided to you “as is” and we disclaim all warranties of any kind, implied or express, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. PortoLynx does not warrant that the services will meet all of your requirements or that performance of the services will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable or any quality. You understand and agree that neither PortoLynx or any participant in the service provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind.

11.     Indemnification.  You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, contractors, advertisers, partners, and co-branders from any claim or demand including the cost, liability, and expenses (including court costs and reasonable attorneys' fees) incurred as a result of claims.

 

12.     Limitation of Liability.  To the maximum extent permitted by applicable law, Portolynx and its licensors and suppliers shall not be liable for any lost profits or costs of procurement of substitute goods or services, or for any indirect, special, incidental or consequential damages, including damages for lost data, however caused and under any theory of liability, including but not limited to contract, product liability, strict liability and negligence, and whether or not it was or should have been aware or advised of the possibility of such damage.  These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

13.     Applicable Laws. You agree that this Terms of Use and any dispute arising of your use of this website or our services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this website is located, without regard to its conflict of law provisions. By registering or using this website and service you consent and submit to the exclusive jurisdiction and venue of the county or city or country where the headquarters of the owner of this website is located.