Welcome to The Port Of Entry we hope you find the website useful. By accessing our servers, websites, or content therefrom (together, POE),
you agree to these Terms of Services and Use (TOU), last updated March 03, 2018.
The Port Of Entry Website is owned and operated by the POE Consulting LLC.
If you are 18 or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to
access POE in compliance with the TOU; unlicensed access is unauthorized. You agree
not to license, distribute, make derivative works, display, sell, or frame
content from POE, excluding content you create and sharing with friends/family.
You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable
license to use, copy, perform, display, distribute, and make derivative works from content you post.
You agree not to use or provide software (except for general purpose web browsers and
email clients, or software expressly licensed by us) or services that interact or
interoperate with POE, e.g. for downloading, uploading, posting, flagging, emailing,
search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited,
as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree
not to collect users' personal and/or contact information (PI).
You agree we may moderate POE access and use in our sole discretion, e.g. by blocking
(e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or
access/account/license termination. You agree (1) not to bypass said moderation,
(2) we are not liable for moderating, not moderating, or representations as to moderating,
and (3) nothing we say or do waives our right to moderate.
You authorize us to charge your account for POE if required.
Unless noted, fees are in US dollars; tax is additional. To the extent permitted
by law, fees are nonrefundable, even for posts we remove. We may refuse purchases,
which may place a hold on your account.
You own all of the content and information you post on POE, and you can control
how it is shared through your settings. In addition: For
content that is covered by intellectual property rights, like photos and videos
(IP content), you specifically give us the following permission, you grant us a non-exclusive,
transferable, sub-licensable, royalty-free, worldwide license to use any IP content
that you post on POE. This IP License ends when you delete your IP content
or your account unless your content has been shared with others, and they have not
deleted it. When you delete IP content, it is deleted in a manner similar to emptying
the recycle bin on a computer. However, you understand that removed content may
persist in backup copies for a reasonable period of time (but will not be available
to others). We appreciate your feedback or other suggestions
about POE, but you understand that we may use your feedback or suggestions
without any obligation to compensate you for them (just as you have no obligation
to offer them).
MANY
JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING
THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS;
NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
To the extent permitted by law, (1) we make no promise as to POE, its completeness,
accuracy, availability, timeliness, propriety, security or reliability; (2) your
access and use are at your own risk, and POE is provided AS IS and AS
AVAILABLE; (3) we are not liable for any harm resulting from (a) user content;
(b) user conduct, e.g. illegal conduct; (c) your POE use; or (d) our representations;
(4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES (POE ENTITIES), DISCLAIM
ALL WARRANTIES CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS
FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) POE ENTITIES ARE NOT LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS
(E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY
EXCEED $10.
If anyone brings a claim against us related to your actions, content or information
on POE, you will indemnify and hold us harmless from and against "ALL" damages,
losses, and expenses of any kind (including legal fees and costs) related
to such claim. Further you will be responsible for POE attorney costs, legals fees and all other expenses (including but not limited to travel, hotel, food)
to respond to any action that was caused by you along with any other relief that is appropriate.
Although we provide rules for user conduct, we do not control or
direct users' actions on POE and we are not responsible for the content or information
users transmit or share on POE. We are not responsible for any offensive, inappropriate,
obscene, unlawful or otherwise objectionable content or information you may encounter
on POE. You agree to hold harmless, POE including all owners, officers, contractors and employees
for the conduct, whether online or offline, of any user of POE regardless of any pain, harm
, emotional distress, bullying, death or anything else that may happen to you as a result of using the POE website.
You agree (1) any claim, cause of action or dispute (Claim) arising out
of or related to the TOU or your POE use is governed by Michigan (MI)
law regardless of your location or any conflict or choice of law principle; (2)
Claims must be resolved exclusively by state or federal court in Macomb, MI (except
we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction
of said courts; (4) any Claim must be filed within 90 days after it arose or be forever
barred; (5) you agree not to bring or take part in a class action against POE Entities; (6)
(except government agencies) to indemnify POE Entities for any damage, loss, and
expense (e.g. legal fees) arising from claims related to your POE use; (7) you are
liable for TOU breaches by affiliates (e.g. marketers) paid by you, directly or
indirectly (e.g. through an affiliate network); and (8) to pay us for breaching
or inducing others to breach the USE section, not as a penalty, but
as a reasonable estimate of our damages (actual damages are often hard to calculate):
damges estimates are $0.10 per server request, $1 per post, email, flag, or account created, $1 per item
of PI collected, and $1000 per software distribution, capped at $25,000 per day.
This is the exclusive and entire agreement between us.
If a TOU term is unenforceable, other terms are unaffected. If TOU translations
conflict with the English version, English controls.