Website Terms of Use
This Web site (the “Site”) is the online presence of Portland Research Group, Inc. (Portland Research Group). Use of this Site in any manner and to any extent constitutes your agreement to abide by the following terms and conditions of service (The “TOS”). Portland Research Group may modify the TOS from time to time without notice to you. All modifications will be posted to this page. Portland Research Group also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.
Limitation of Liability:
You are entirely liable for activities conducted by you or anyone else in connection with your browsing and use of the Site. If you are dissatisfied with the Site or with these TOS, your sole and exclusive remedy is to stop using the Site. We will not pay you any damages.
You shall indemnify and hold harmless Portland Research Group, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors from and against any and all losses, expenses, damages, and costs, including reasonable attorney’s fees, which result from your misuse of the Site in any fashion, any violation of the TOS, or the failure to fulfill your obligations herein.
Permitted Use, Limitations on Use:
You may access and download the material you pay for only as required to view the material on your web browser for your individual use, maintaining all copyright and other notices on the material. You may print a single copy of the material for your use. You may not republish or distribute any material or use the material in any fashion that is not specifically permitted in this TOS. Exceptions to this clause include those materials labeled as “Press Release” and those materials where re-branding has been specifically purchased by contract in writing, and only after signed authorization by a Portland Research Group officer.
Disclaimer and Liability Limitation:
IN NO EVENT SHALL PORTLAND RESEARCH GROUP BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CONTENT (OR ANY MATERIAL PROVIDED HEREUNDER), WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF PORTLAND RESEARCH GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/ JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF PORTLAND RESEARCH GROUP FOR ANY REASON WHATSOEVER SHALL NOT EXCEED TOTAL AMOUNTS PAID BY YOU TO PORTLAND RESEARCH GROUP IN CONNECTION WITH THE SUBJECT MATTER OF THE DISPUTE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND DESCRIPTIONS OF SERVICE PUBLISHED ON THE SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND PORTLAND RESEARCH GROUP SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE SITE AND LINKED SITES. PORTLAND RESEARCH GROUP MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE AT ANY TIME.
Indemnity:
You agree to hold Portland Research Group, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of the TOS, or your violation of any rights of another.
Inclusion of All Terms:
All other notices, policies, disclaimers, and terms contained throughout the Site are incorporated here by reference. In the event of a conflict between the Site’s other terms and those in the TOS, the latter shall prevail. If any provision of the TOS is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions.
No Advice:
The material available on the Site, either for fee or not, is for informational purposes only.
Copyright:
Unless specifically stated in conjunction with particular material, all material is copyrighted by Portland Research Group. You have no rights in or to the material and you may not use any material other than as permitted under this TOS.
Trademark:
All trade names, trademarks, service marks and other products and service names and logos on the Site or in the material are the proprietary trademarks of their respective owners and are protected by applicable trademark and copyright laws.
Anti-Hacking Provision:
You may not, nor may you allow others to, directly or indirectly: (1) attempt to or actually disrupt, impair, or interfere with, alter or modify the Site or any material on the Site; or (2) collect or attempt to collect any information of others, including passwords, account or other information. Portland Research Group reserves the right to deny access to the Site and any related materials to any individual or organizations at any time, without notice, and by Portland Research Group’s sole discretion.
Governing Law:
The laws of the State of Maine govern this TOS and your use of the Site. You agree to comply with all laws, regulations, obligations and restrictions, which apply to you. You agree that the courts located in Maine have exclusive jurisdiction for any claim, action or dispute under this TOS. You also agree and expressly consent to the exercise of personal jurisdiction in the State of Maine. No failures or delay in enforcing any right shall be a waiver of that or any other right.