Terms of Use
By registering with Portcard.net, you are agreeing to the following terms (the "Agreement" or "User Agreement") with Portcard.net. If you have any questions, please refer to the Help section on this site.
Before you may become registered with Portcard.net, you must read and accept all of the terms and conditions in this User Agreement and the Privacy Policy. This Agreement is effective on May 1, 2007. By clicking the "ACCEPT" button you are representing that you have read these terms, and that you are specifically agreeing to be bound by these terms.
While using our site, you will not:
Without limiting other remedies, we may temporarily or indefinitely suspended you from our site or refused registration on our site; and take legal steps to report you to legal or government authorities, if you are determined to be acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.
Your password is the key to your registration account. Use unique numbers, letters, and special characters and do not disclose your Portcard.net, password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information. If your password has been compromised for any reason, you should immediately notify Portcard.net. and change your password.
You can see, review and change most of your personal information by logging into your account. By registering with Portcard.net, but any changes may require that you be authenticated again, and an added fee will apply for that service. You are agreeing to promptly update your personal information if it changes or is inaccurate. Upon your request, we will close your account and remove you from the list of registered users.
We retain the right to continue to maintain your registration information for at least 12 months in accordance with applicable law. We do retain personal information from closed accounts in order to comply with law, and to provide this information to law enforcement and government agencies in the even that any investigations, of the type discussed above, occur.
Your information is stored on our servers located in the United States. We treat data as an asset that must be protected and use lots of tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from Portcard.net. Therefore, although we will continue to work very hard to protect your privacy, we cannot promise that your personal information or private communications will always remain private. If this is unacceptable, you should not attempt to register with Portcard.net.
Registration with Portcard.net is not free. It requires a fee which must be paid for with by a particular credit card or Pay Pal. Your registration is valid for a 12-month period and then your information must be verified again, and an additional fee is charged each 12 months that you are registered with Portcard.net.
Our Fee Schedule is $9.95 to sign up for registration. There is a discounted rate for family members that register at the same time of $14.95. Again, this is a sign-up fee and there is a reoccurring fee on an annual basis. Your renewal, done on each 12-month anniversary, will cost $9.95.
You are not charged for applying to Portcard.net, if you are not registered. Your information will be maintained even if you are not registered and will be available to law enforcement or the government under the same terms as a person registered.
We may change our Fee Schedule after we provide you with at least fourteen days' notice by posting the changes on our site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on our site.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with Portcard.net, in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel.)
When you provide information for registration, and billing, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. We need these rights to be able to provide our information to legal and government authorities under appropriate circumstances.
You will not hold Portcard.net, responsible for other users' actions or inactions, including personal information they register with Portcard.net. While we use industry standard verification techniques, we are a database of information provided, and we have no control over and do not guarantee the truth or accuracy of the information provided beyond industry standard verification techniques.
We cannot guarantee continuous or secure access to our site, and operation of the Portcard.net site and our database may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any special, indirect, or consequential damages arising out of your registration on our site or on your reliance upon information provided by persons registered with Portcard.net. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action-giving rise to the liability, and (b) $100.
If you have a dispute with one or more person registered with Portcard.net, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident, you specifically acknowledge and waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
You indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served on Portcard.net’s legal counsel at 2540 CAMINO DIABLO, SUITE 220, WALNUT CREEK, CA 94597 (in the case of Portcard.net) or to the email address you provide to Portcard.net, during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
If a dispute arises between you and Portcard.net, we agree to mediate any dispute or claim relating to or arising in any way out of the registration, lack thereof, or with any issue of provided information before resorting to arbitration. Unless otherwise agreed in writing by all parties, such mediation shall be conducted before an independent mediator, such as the Honorable Eugene Lynch (retired), and under the rules of, JAMS/Endispute.
Mediation is a process in which parties attempt to resolve a dispute by submitting it to an impartial, neutral mediator who is authorized to facilitate the resolution of the dispute but who is not empowered to impose a settlement on the parties. Mediation fees shall be divided equally. Before the mediation begins, the parties agree to sign a document limiting the admissibility in arbitration or any civil action of anything said, any admission made, and any documents prepared in the course of the mediation, consistent with Evidence Code Section 1152.
If mediation is unsuccessful then the parties agree to resolve the dispute by submission to binding arbitration before a retired judge with JAMS/Endispute in accordance with JAMS Comprehensive Arbitration Rules and Procedures. Any award of the arbitrator shall be final and binding. The parties shall agree on a single retired judge from the JAMS panel. If they are unable to agree, JAMS will provide a list of available judges numbering one more than the number of parties involved in the dispute and each party must strike one. The remaining judge will serve as the arbitrator. In the event that the parties each strike the same judge, JAMS will select the arbitrator from the remaining judges.
This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions.
You agree that any claim or dispute you may have against Portcard.net must be resolved by a court located in Contra Costa County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph above.
Portcard.net may amend this Privacy Policy or Terms of Use at any time by posting the amended terms on the Site. All amended terms automatically take effect 30 days after they are initially posted on the Site. In addition, we will notify you in accordance with the date you provide in your account.
If your questions are not answered online, you may write to us at: Portcard.net, to our legal department at: 2540 CAMINO DIABLO, SUITE 220, WALNUT CREEK, CA 94597 or using the support form.