SALESPORTAL.COM WEBSITE TERMS AND CONDITIONS OF USE
June 01, 2012
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
1. Restrictions on Use
All pages within this Website and any material made available for download (collectively the "Site") are the property of Sales Portal, Inc. ("SalesPortal") and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of SalesPortal. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user agreements. Download of any material or use of any SalesPortal service may be subject to your acceptance of additional terms and conditions
Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by SalesPortal.
2. Trademark Notice; License and Site Access
SalesPortal and all associated logos, trademarks and service marks belong to SalesPortal. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners. SalesPortal's service marks, trademarks and trade dress may not be used in connection with any product or service that is not SalesPortal's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits SalesPortal or www.salesportal.com
SalesPortal grants you a limited, nonexclusive, nontransferable, revocable license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any content; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of a third party; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SalesPortal. You may not remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SalesPortal's and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without the express written consent of SalesPortal. You may not use the Site for the purpose of gathering information for or transmitting unsolicited commercial phone calls, facsimile transmissions, email or email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing. You may not use the Site in a manner that violates any state or federal laws or regulations concerning email, telephone solicitations or facsimile transmissions. You may not use this Site to intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law. You may not use this Site to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization or organizations designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act. You may not export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States. Any unauthorized use terminates the permission or license granted by SalesPortal. You are granted a limited, nonexclusive, nontransferable, revocable right to create a hyperlink to the home page of the Site so long as the link does not portray the Site, SalesPortal, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use our logo or other proprietary graphic or trademark as part of the link without express written permission.
3. Warranty Disclaimer
THIS SITE IS PROVIDED BY SALESPORTAL ON AN "AS IS" AND "AS AVAILABLE" BASIS. SALESPORTAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES AND HYPERLINKED WEBSITES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SALESPORTAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SALESPORTAL DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, ANY HYPERLINKS ON THE SITE, OR E-MAIL SENT FROM WWW.SALESPORTAL.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SALESPORTAL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY ERRORS IN OR OMISSIONS FROM THE SITE OR ANY SERVICES OR PRODUCTS OBTAINABLE FROM THE SITE OR HYPERLINKED WEBISTE, (B) THE UNAVAILABILITY OR INTERRUPTION OF THE SITE OR ANY FEATURES OF THE SITE OR ANY HYPERLINKED WEBSITE, (C) YOUR USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE OR ANY HYPERLINKED WEBSITE, (D) THE CONTENT CONTAINED ON THE SITE OR ANY HYPERLINKED WEBSITE, OR (E) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND OUR CONTROL.
THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE, OR THE PRODUCTS, SERVICES OR INFORMATION PROVIDED BY THE SITE OR ANY HYPERLINKED WEBSITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND OUR AFFILIATES.
ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THE SITE OR ANY PRODUCTS OR SERVICES PURCHASED USING THE SITE OR ANY HYPERLINKED WEBSITE MUST BE BROUGHT BY YOU WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ARISES OR BE FOREVER WAIVED AND BARRED.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Although SalesPortal attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform SalesPortal (info@SalesPortal.com
) so that it can be corrected. Information contained on the Site may be changed or updated without notice.
4. Confidential and Proprietary Information
5. Links to Our Site
If you desire to provide a hyperlink from your Website to our Site, you must link only to our home-page, www.salesportal.com
6. Links or Pointers to Other Sites
SalesPortal makes no representations whatsoever about any other Website that you may access though this Site. When you access a non SalesPortal site, please understand that it is independent from SalesPortal, and that SalesPortal has no control over the content on that Website. In addition, a hyperlink to a non SalesPortal Website does not mean that SalesPortal endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
7. Choice of Law and Dispute Resolution
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules.
ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND BETWEEN YOU AND COMPANY AND/OR ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES OR OTHER REPRESENTATIVES ARISING OUT OF THIS AGREEMENT, WHETHER SOUNDING IN CONTRACT, STATUTE, OR TORT, INCLUDING FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR ANY OTHER LEGAL OR EQUITABLE THEORY AND REGARDLESS OF THE DATE OF ACCRUAL OF SUCH CLAIM, CONTROVERSY OR DISPUTE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AS PRESCRIBED IN THIS SECTION.
A single arbitrator engaged in the practice of law will conduct the arbitration. The arbitrator will be selected according to the rules of the American Arbitration Association or JAMS or, alternatively, may be selected by agreement of the parties, who shall cooperate in good faith to select the arbitrator. The arbitration will be conducted by, and under the then-applicable rules of American Arbitration Association or JAMS, as applicable. All expedited procedures prescribed by the applicable rules will apply. Arbitration proceedings shall be held in San Jose, California. Any required hearing fees and costs shall be paid by the parties as required by the applicable rules or as required by applicable law, but the arbitrator shall have the power to apportion such costs as the arbitrator deems appropriate.
The arbitrator's decision and award will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court with jurisdiction. If any party files a judicial or administrative action asserting a claim that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action must pay the other party's costs and expenses incurred in seeking such stay or compelling arbitration, including attorney's fees.
The language in these Terms and Conditions shall be interpreted as to its fair meaning and not strictly for or against any party. These Terms and Conditions, together with any purchase orders or contracts with you and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of these Terms and Conditions be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms and Conditions, the Terms and Conditions shall take precedence. Our failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms and Conditions shall survive any termination of these Terms and Conditions. From time to time, we may post revised versions of existing policies or new policies on our website. Please review all of our other policies posted on this Site. These policies also govern your visit to www.salesportal.com. We reserve the right to make changes to our Site, policies, and these Terms and Conditions at any time.
Our website may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," "will" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. Our website and the information contained on the Site does not constitute an offer or a solicitation of an offer for sale of any securities.
Our website contains information and press releases about us. We disclaim any duty or obligation to update this information or any such press releases. Information about companies other than ours contained in any press release or otherwise, should not be relied upon as being provided or endorsed by us.
9. No Unlawful or Prohibited Purpose
As a condition of your use of this Site, you warrant to SalesPortal that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. We reserve the right to investigate complaints or reported violations of these Terms and Conditions and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your account information, email addresses, usage history, materials submitted to us, IP addresses and traffic information.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors and assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of these Terms and Conditions or use of our website.
11. Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SalesPortal's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying SalesPortal and its affiliates that your copyrighted material has been infringed. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed upon; a description of where the material that you claim is infringing is located on the Site, including the auction ID number, if applicable; your address, telephone number, and e-mail address; a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
SalesPortal's Copyright Agent for notice of claims of copyright infringement on its website can be reached as follows:
Sales Portal, Inc. Legal Department
3 Twin Dolphin Drive, Suite 100
Redwood City, CA 94065