Terms and Conditions
Terms of Service · Last updated on September 23, 2024 · Porter Pros, Ltd., an Oregon corporation
1. Agreement between You and Porter Pros; Changes.
1.1 Please read the following terms of service (the “Terms”) carefully. By clicking the “I Accept” box, you acknowledge that you have read, understood and agree to be bound by these Terms, and the terms and conditions of the Privacy Policy (as defined below), when using any service or services (collectively, the “Service”) offered by Porter Pros, Ltd., an Oregon corporation, or its parents, affiliates or subsidiaries (collectively, “Porter Pros” or “we”), on or through any site made available by Porter Pros (collectively, the “Site”) or in connection with any mobile application (a “Mobile App”) separately made available by Porter Pros. The term “you” (and “your”) for purposes of these Terms, means both you in your individual capacity, and if applicable, the company or other legal entity whom you represent and on whose behalf you use the Service.
1.2 In order to use the Service you must agree to these Terms. However, in addition to clicking the “I Accept” box, you may also agree to the Terms by actually using the Service. You acknowledge and agree that Porter Pros will treat your use of the Service as acceptance of these Terms from the time you first use the Service.
1.3 Porter Pros reserves the right to change any of the terms and conditions contained in these Terms, including the Service and/or any policies or guidelines governing the Service, at any time and in its sole discretion. While we will endeavor to provide direct notice to you of any changes, you are responsible for periodically checking the Site to determine if any changes have been made and we are not liable for your failure to do so or our failure to provide such direct notice to you. Your continued use of the Service following any revision to these Terms will constitute your acceptance of the changes or modifications to these Terms. If you do not agree to any changes to these Terms, do not continue to use the Service.
2. The Service; User Accounts; User Types; Mobile Apps.
2.1 The Service includes without limitation the provision of Porter Pros personnel (each, a “Driver”) to facilitate the transportation of your automobile or other authorized vehicle (each, a “Vehicle”) to and from locations designated by you (as applicable, the “Pickup Location” and “Destination”), including without limitation any facility or other location operated by a third party vendor or merchant for purpose of providing service to such Vehicle (each, a “Vendor”). While these Terms are in effect, subject to the representations, warranties and other requirements set forth herein and within the Site, you may access and use the Site, Mobile App and Services in accordance with these Terms.
2.2 In order to use the Service, you must register with us to open a Porter Pros user account (“Account”). By opening an Account, you represent and warrant that: (a) all information you submit in connection with your opening and use of your Account is true, accurate, current, and complete; (b) you will promptly notify us if your information changes so that we can update our records; (c) you are aged 18 or older; the Service is not intended for persons under 18; and (d) your use of the Service does not violate any applicable law, rule or regulation. You are responsible for maintaining this information current.
2.3 You are solely responsible for maintaining the security and confidentiality of the information you hold for your Account, including, without limitation, your user name and password, and for any and all activity that occurs through your Account as a result of your failure to keep this information secure and confidential. You hereby agree to notify Porter Pros immediately if you become aware of any unauthorized use of your Account, user name or password, or any other breach of security in connection therewith. You may be held liable for losses incurred by Porter Pros or any third party due to someone else using your Account, user name or password as a result of your failing to keep your Account information secure and confidential. You are strictly prohibited from using anyone else’s Account, user name or password at any time and for any reason. Porter Pros is not liable to you or any third party for your failure to comply with your obligations under this paragraph.
2.4 You acknowledge and agree that all Mobile Apps shall be made available solely in accordance with the terms of the then-current end user license agreement under which each such Mobile App is made available (the “EULA”), which such EULA shall supersede any conflicting terms or conditions of these Terms with respect to your access to and use of the Mobile Apps.
3. Your Information and Privacy.
In order to use the Service you will be required to provide certain (i) personally identifiable information to Porter Pros (e.g., your name, address, company information, email address, driver’s license number, phone number, and, if applicable, your credit card information); and other information (collectively, “Information”). Porter Pros will only use such personally identifiable Information in accordance with the terms of our privacy policy (the “Privacy Policy”). In this regard, you agree to the then-current version of the Privacy Policy that you can find and read at https://porterpros.com/privacy-policy/. You hereby grant Porter Pros a license to use all other Information as necessary in connection with the provision of the Service.
4. Fees; Payments.
4.1 The fees that you are required to pay for access and use of the Site, Mobile App and Service, including without limitation in connection with any scheduled or actual transportation of a Vehicle, are set forth on the Site and/or Mobile App, including any cancellation and/or refund policies and additional charges (i.e., those incurred in connection with delays in meeting a Driver at the Pickup Location, inability of Driver to park a Vehicle at the Destination, inadequate gas or battery charge, required tow expenses, etc.), and may be updated by Porter Pros at any time, in its sole discretion. For purposes of clarification, such fees may also include charges passed through from applicable Vendors in connection with such Vendors’ service to the Vehicle; provided that collection of such fees is provided solely as a convenience to allow you to pay applicable Vendors and Porter Pros shall not be responsible in any manner for any such Vendor service. In addition to other applicable fees and charges, unless otherwise set forth on the Site and/or Mobile App, (i) an additional fee of $15 shall be charged in the event that you or your designated representative are not available to meet a Driver within 15 minutes following the Driver’s arrival at the Pickup Location; and (ii) you shall be also charged for an additional Vehicle transportation fee in the event that a Vehicle cannot be dropped of at the Destination within 30 minutes following arrival.
4.2 If applicable, the credit card you maintain on file with Porter Pros in your Account will be automatically charged in accordance with each activity that results in fees. You are responsible for maintaining up to date credit card information in your Account. Porter Pros reserves the right to suspend or terminate your use of the Service if you fail to pay any fees due in connection with your access and/or use of the Service. Any outstanding fees are immediately due and payable upon termination of your use of the Service for any reason. To the greatest extent permitted by applicable law, and without affecting your credit card issuer’s rights, you hereby waive all claims relating to fees unless you notify Porter Pros of any dispute or other fee-related claim within thirty (30) calendar days of the fees being charged to your credit card.
4.3 To the greatest extent permitted by applicable law, any refunds of fees are at the sole discretion of Porter Pros, and refunds will only be provided in the form of a credit against future fees for the Service. Nothing in these Terms obligates Porter Pros to extend credit to any person. You acknowledge and agree that any credit card and related billing and payment information that you provide to Porter Pros may be shared by Porter Pros with third party service providers who work on Porter Pros’ behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Porter Pros and servicing your Account. Porter Pros may also provide information in response to valid legal processes, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Porter Pros shall not be liable for any use or disclosure of such information by such third parties.
5. Porter Pros’ Proprietary Rights.
5.1 You hereby acknowledge and agree that Porter Pros (or its licensors) own all legal right, title and interest in and to the Site and Service, including, without limitation, any intellectual property or other proprietary rights which subsist in the Site and Service (whether such rights are registered or unregistered, and wherever in the world those rights may exist). As between you and Porter Pros, all materials on the Site, including, but not limited to, graphics, user and visual interfaces, images, software, applications, and text, as well as the design, structure, selection, coordination, expression, “look and feel”, and arrangement of the Site and its content, and the domain names, trademarks, service marks, proprietary logos and other distinctive brand features found on the Site, are all owned by Porter Pros or licensors.
5.2 Porter Pros shall fully own and retain all rights to anonymous usage data derived from your use of the Service (“Usage Data”) as aggregated with usage data from Porter Pros’ other customers for its own business purposes such as support, operational planning, product innovation and sales and marketing of Porter Pros’ services. For purposes of clarification, such Usage Data may not include any data that could reasonably identify you.
5.3 Nothing in these Terms gives you any right to use any of Porter Pros’ trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. All rights not expressly granted by Porter Pros under these Terms are reserved.
6. Service Authorization and Requirements; Restrictions.
6.1 You hereby grant permission for Porter Pros to dispatch a Driver to take possession of each Vehicle at the applicable Pickup Location and drive to and park such Vehicle at the applicable Destination; provided that Porter Pros’ willingness to provide the Service is in reliance on and subject to your strict compliance with these Terms, including without limitation Sections 6 and 8 and any policies set forth within the Site or Mobile App. If there are any physical, legal, mechanical, weather, road closures or other reasons that do not allow the Driver to reach the Pickup Location and/or Destination or otherwise safely operate the Vehicle, you agree that you shall be solely responsible for any failure to complete the Service and associated costs and expenses. You hereby represent and warrant to Porter Pros that (a) you the legal owner of the Vehicle(s), or have been authorized by the legal owners to obtain Service for such Vehicle(s) pursuant to these Terms; (b) when new, each Vehicle had a retail value that did not exceed $100,000; (c) each Vehicle (i) is currently and properly registered in the legal owner’s name with the applicable state authorities, with no repossession orders against such Vehicle; (ii) is in good, safe working condition and you have no knowledge of any condition of a Vehicle that presents a risk to the Driver; and (iii) has sufficient gas and battery charge to allow for transportation to the Destination; (d) no passengers, valuable items or packages shall be transported within any Vehicle; (d) Drivers are authorized to park their vehicles at any reasonable location within the Pickup Location during the full duration of the Services; and (e) you have provided accurate and details information regarding both the Pickup Location and Destination and have ensured that adequate parking space shall be available at the Destination, including any necessary prior coordination with any applicable Vendor.
6.2 You hereby represent and warrant that you will not, and will not permit any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Service or otherwise attempt to gain unauthorized access to any portion or feature of the Site or Service, or any other systems or networks connected to the Site or Service, or to any Porter Pros server, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Service; (c) use any device, software or routine to interrupt or interfere, or attempt to interrupt or interfere with, the proper operation and working of the Site or Service or any transaction being conducted on the Site or through the Service, or with any other person’s use of the Site or Service; (d) breach any security measures implemented on the Site or in the Service; (e) track or seek to trace any information on any other person who visits the Site or uses the Service; (f) forge headers or otherwise manipulate identifiers in order to disguise your identity, or the origin of any message or other communication that you send to Porter Pros in connection with the Service; (g) pretend that you are, or that you represent, someone else, or impersonate any other person; (h) use the Service in the design, development, production, or use of missiles or the design, development, production, stockpiling, or use of chemical or biological weapons; (i) use the Service or Site for any illegal purpose, for soliciting the performance of any illegal activity, or as otherwise prohibited by these Terms or applicable laws, rules or regulations, including, without limitation, laws applicable to the export of software and data; (j) upload or otherwise process any malicious content to, or through, the Service; or (k) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the any Porter Pros proprietary software used to provide, maintain, or otherwise applicable to, the Service, or made available to you in connection with the Service.
7. Feedback.
7.1 If you send or transmit any communications or materials to Porter Pros by mail, electronic mail, telephone, or otherwise (“Feedback”), suggesting or recommending changes to our Site or Service, including without limitation, new features or functionality relating thereto, any comments, questions, suggestions, or the like, all such Feedback are, and will be treated as, non-confidential and non-proprietary. This means that you give up any claim that the use of such Feedback by Porter Pros or its agents, violates any of your rights including moral rights, privacy rights, proprietary or other property rights, rights of publicity, rights to credit for material or ideas, or any other right, including the right to approve the way Porter Pros uses such Feedback.
7.2 You hereby assign all right, title, and interest in, and Porter Pros is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You agree and understand that Porter Pros is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
8. Insurance.
8.1 You hereby represent and warrant, and shall provide all assistance and documentation reasonably requested by Porter Pros to demonstrate and verify, that each Vehicle carries automobile insurance providing at least the applicable state minimum liability limits or the following minimum liability limits: $25,000 bodily injury each person, $50,000 each accident and $25,000 property damage, collision and comprehensive and uninsured motorist insurance as required. You agree and understand that such insurance is primary and that any insurance that Porter Pros may provide is secondary and shall not be construed to be concurrent or contributing with your automobile insurance. You further represent to Porter Pros that there are no driver restrictions contained in such automobile insurance policies, that such automobile insurance policies will provide coverage to Porter Pros and its Driver for any sums they are required to pay as a consequence of bodily injury or property damage suffered in the course of providing the Service and that such automobile insurance policies are in full force and effect and will remain in full force and effect during the provision of any Service hereunder.
8.2 To the maximum extent permitted by applicable law, all insurance policies that you maintain in accordance with this Section 8 and any other insurance that you maintain applicable to your performance hereunder shall include a waiver of subrogation in favor of Porter Pros, its affiliates, and any of its or their owners, agents, directors, officers, and employees. With respect to all insurance policies that you maintain in accordance with this Section 8 and any other insurance that you maintain applicable to your performance hereunder, you waive (i) any rights of subrogation you may possess; (ii) any rights your insurer may have to recover damages from Porter Pros pursuant to a subrogation claim.
9. Exclusion of Warranties.
9.1 YOUR USE OF THE SITE, PROFESSIONAL SERVICES AND SERVICE IS ENTIRELY AT YOUR OWN DISCRETION AND RISK. THE SITE AND SERVICE ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. PORTER PROS, ON BEHALF OF ITSELF, AND ON BEHALF OF ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND THIRD PARTY SERVICE PROVIDERS, AND PORTER PROS’ AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, VENDORS, SUCCESSORS, AND ASSIGNS, (COLLECTIVELY, THE “PORTER PROS PARTIES”): (A) EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT WARRANT THAT THE SERVICE, OR DATA PROVIDED THROUGH THE SERVICE, WILL MEET YOUR REQUIREMENTS, OR THAT ITS OPERATION WILL BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (C) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF ITS ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE.
9.2 THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND PORTER PROS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PORTER PROS or ANY PERSON ON BEHALF OF PORTER PROS SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.
9.3 NOTHING IN THESE TERMS, THIS SECTION 9, OR SECTION 10 BELOW, SHALL EXCLUDE OR LIMIT PORTER PROS’ WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
10. Limitation of Liability.
10.1 SUBJECT TO SECTION 9.3 ABOVE, IN NO EVENT WILL PORTER PROS OR PORTER PROS PARTIES BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO, THE USE, OR LOSS OF USE OF, THE SERVICE, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SUBSEQUENT OR OTHER COMMERCIAL LOSS, OR FOR ANY OTHER REASON OF ANY KIND, WHETHER BASED ON CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF PORTER PROS OR PORTER PROS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 PORTER PROS AND PORTER PROS PARTIES WILL NOT BE LIABLE TO YOU OR ANY ITEMS LEFT IN VEHICLES OR OTHER THIRD PARTY FOR DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE SITE OR SERVICE. IF, NOTWITHSTANDING THE FOREGOING, PORTER PROS OR ONE OF PORTER PROS PARTIES IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, PORTER PROS OR THE RELEVANT PORTER PROS PARTY’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO PORTER PROS DURING THE ONE (1) YEAR PERIOD PRECEDING THE DATE OF THE EVENT GIVING RISE TO PORTER PROS’ LIABILITY OR (II) $250.00.
11. Indemnification & Release.
11.1 You hereby agree to indemnify, defend and hold harmless Porter Pros and Porter Pros Parties (each an “Indemnified Party”), from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs) incurred by the Indemnified Party(s) in connection with any actual or alleged claim arising out of: (a) your use of the Service; (b) any breach or alleged breach by you of these Terms; (c) any Feedback provided by you; (d) any breach or alleged breach by you of a third party’s rights, including, without limitation, any intellectual property, privacy or publicity rights; or (e) any damage caused by or alleged to have been caused by you to the Site or Service.
11.2 Counsel you select for defense or settlement of a claim must be consented to by Porter Pros and/or the Indemnified Party(s) prior to counsel being engaged to represent you and Porter Pros and/or the Indemnified Party(s). You and your counsel will cooperate as fully as reasonably required, and provide such information as reasonably requested, by the Indemnified Party(s) in the defense or settlement of any claim. Porter Pros and/or the Indemnified Party(s) reserves the right, at its own expense, to assume the exclusive defense or settlement, and control of any matter otherwise subject to indemnification by you. You shall not in any event consent to any judgment, settlement, attachment, or lien, or any other act adverse to the interest of Porter Pros or any Indemnified Party(s) without the prior written consent of Porter Pros and/or the Indemnified Party(s).
11.3 In the event that you have a dispute with any Vendor or other third party, including without limitation any other user of the Site or Service, arising from or in connection with the use of the Site and/or Service, you hereby release, remise and forever discharge Porter Pros and its agents, directors, officers, employees, shareholders and all other related persons or entities from any and all manner of rights, complaints, demands, claims, causes of action, proceedings, obligations, liabilities, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute or your use of the Site and/or Service.
12. Changes to Service.
Porter Pros is constantly striving to provide the best possible experience for its Service users. You acknowledge and agree that the form and nature of the Service which Porter Pros currently provides may change from time-to-time without prior notice to you. Changes to the form and nature of the Service will be effective with respect to all versions of the Service. Examples of changes to the form and nature of the Service include, without limitation, changes to fees and payment policies, security patches, additional functionality, reduced functionality, and other enhancements.
13. Termination of Service.
13.1 You may stop using the Service at any time by closing your Account, or ceasing to use the Service.
13.2 Porter Pros reserves the right in its sole discretion to cease or suspend providing all or any part of the Service immediately without any notice to you.
13.3 Any of your obligations under these Terms which by their nature are intended to survive the termination of your use of the Service, shall continue to apply to you after you cease to use the Service.
13.4 Porter Pros may notify the relevant law enforcement authorities or other third parties, of any illegal or other prohibited conduct by you, including, without limitation, your violation of these Terms or unauthorized use of the Site or Service
14. Governing Law and Venue.
14.1 These Terms will be construed and enforced in all respects in accordance with the laws of the state of Oregon, without reference to its choice of law rules. Except as set forth below in Section 14.2, the federal and state courts seated in Multnomah County, Oregon shall have sole and exclusive jurisdiction for all purposes in connection with any action or proceeding that arises from, or relates to, these Terms and you hereby irrevocably waive any objection to such exclusive jurisdiction; provided however, that Porter Pros may seek to enforce any judgment in its favor in any court of competent jurisdiction.
14.2 Notwithstanding the foregoing, Porter Pros may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its proprietary and other rights. You agree that your breach of these Terms may result in immediate and irreparable damage to Porter Pros for which there is no adequate remedy at law.
14.3 The United Nations Convention on Contracts for the International Sale of Goods in its entirety is expressly excluded from these Terms, including, without limitation, application to the Site or Service. Furthermore, these Terms (including without limitation, the Site and Service) will not be governed or interpreted in any way by referring to any law based on the Uniform Computer Information Transactions Act (UCITA) or any other act derived from or related to UCITA.
14.4 Any cause of action arising under these Terms must be commenced by you within one (1) year after the claim or cause of action arises.
15. Third Party Web Sites.
15.1 The Site and Service may provide links to other web sites that are not owned or operated by Porter Pros (“Third Party Web Sites”). Porter Pros provides these links to you as a convenience only, and Porter Pros does not verify, make any representations concerning, or take responsibility for, such Third Party Web Sites, or the products or services offered through such third party web sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content of, or activities conducted on, such Third Party Web Sites. You should use your own independent judgment before accessing and using such Third Party Web Sites, or products or services offered through such third party web sites.
15.2 These Terms and the Privacy Policy do not apply to such Third-Party Web Sites, and you should review such Third Party Web Sites’ privacy policies, terms and conditions and business practices as they may be different to those of Porter Pros and it is your sole responsibility to comply with such terms. Your dealings and communications with any third party in connection with the Third Party Web Sites are solely between you and such third party.
15.3 Any reference on the Site, or through the Service, to any product, process, publication or service of any third party, by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer or otherwise, does not constitute or imply Porter Pros’ endorsement or recommendation thereof, and your use of any Third Party Web Sites and third party product, process, publication, or service is entirely at your own risk.
16. Miscellaneous Legal Terms.
16.1 These Terms and the Privacy Policy, together constitute the entire agreement between you and Porter Pros with respect to the Service (excluding any services which Porter Pros may provide to you under a separate written agreement), and completely supersedes, cancels and replaces any and all other written or oral agreements or understandings previously existing between you and Porter Pros with respect to the Service.
16.2 The failure of Porter Pros to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
16.3 If any part of these Terms is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of these Terms, and the other parts will remain in full force and effect.
16.4 Any notice or other communications by Porter Pros relating to the Service may be made by letter, e-mail or posting on the Site, and you hereby consent to receive notices and other communications in electronic form to the extent permitted by applicable law.
16.5 These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each Indemnified Party shall be a third party beneficiary hereunder and accordingly, shall be entitled to directly enforce and rely upon any provision of these Terms that confers a right or remedy in favor of it.
16.6 Porter Pros may assign or transfer its rights, or delegate any performance, under these Terms to a third party in its sole discretion. You may not assign or otherwise transfer your rights, or delegate your performance, under these Terms to any third party without in each and every case, Porter Pros’ express prior written consent.
16.7 Porter Pros will not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of the common enemy, earthquake, fire, flood or other acts of God, the elements, epidemics, labor conditions, power failures, and Internet disturbances.
16.8 Porter Pros may take any legal action against you to enforce these Terms or to prevent the breach of these Terms, including, without limitation, seeking equitable remedies or using technical means at its disposal.
16.9 Porter Pros may add to, change or remove any part, term or condition of these Terms or Privacy Policy at any time without prior notice to you. It is your responsibility to check these Terms and Privacy Policy periodically for changes. By continuing to use the Service, you are indicating your acceptance of such changes. However, we will provide written notice to you of any significant changes to these Terms or Privacy Policy (including notices posted on the Site or sent to your registered e-mail address).
16.10 You may not access the Service if you are a direct competitor of Porter Pros’, except with our prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
© 2024 Porter Pros, Ltd. All rights reserved.
043933\00001\17345672v3
