Terms & Privacy

Effective Date: June 26, 2013

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Porter, Inc. (“Porter”) website located at www.useporter.com (the "Site") and any Services (as defined below) made available to you by Porter, whether through the Site or through a mobile application. Any and all additional rules, guidelines, and/or terms and conditions which are unique to the Services and displayed on the Site are incorporated herein by reference. By using the Site and/or the Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Site), a "Member" (which means that you have registered with Porter) or you are a "Customer" (which means that you have purchased any Services through Porter). The term "User" refers to a Visitor, a Member or a Customer. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Site and/or discontinue use of the Services immediately. If you wish to become a Member, communicate with other Members and make use of the Services, you must read this Agreement and indicate your acceptance during the Registration process. The content and information on the Site (including, without limitation, price and availability of Services), as well as the software and infrastructure used to provide the Services, is proprietary to Porter or its affiliates, suppliers, and providers.

Privacy Policy/Modifications

Your use of the Site and Services is governed by the Porter's Privacy Policy, which is available at Privacy Policy and incorporated by reference into this Agreement.

Porter may update this Agreement from time to time. You should check here periodically to review the current Agreement. Changes to this Agreement are effective at the time they are posted, and your continued use of the Site or Services after posting will constitute acceptance of, and agreement to be bound by, those changes.

Description of Service

Porter provides customers with access to various resources, goods and services now known or hereafter developed (the "Services"). You understand and agree that the Services may include certain communications from Porter or third parties providing the Services, such as service announcements, and that these communications are considered part of Porter membership and you will not be able to opt out of receiving them. You understand and agree that the Services are provided "AS-IS" and that Porter assumes no responsibility for the timeliness, quality, or safety of the services or any service delivery problem, or failure to store any user communications or personalization settings. You understand, acknowledge, and agree that Porter takes no responsibility for any damage, injury, or loss caused as a result of the Services, including, but not limited to, damage to your home, injury to your pet, or loss of any personal items. You are responsible for obtaining access to the Services and that access may involve third party fees (such as Internet service provider, mobile phone or service provider or fees for the Services themselves). In addition, you must provide and are responsible for all equipment necessary to access the Services.

Porter is not a direct provider of Services. Rather, Porter works with third party providers to offer you Services.

Use of Copyrighted Materials/Trademarks

Any materials on this Site, including without limitation any documentation, content, text, data, graphics, images, interfaces or other materials or works of authorship, (the "Materials") are copyrighted materials owned by or licensed to Porter. All rights are reserved. The Materials may contain trademarks, service marks and trade names which are owned by Porter and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names of third parties which are owned by their respective owners. Except as otherwise noted in the Site, you are hereby authorized to view, cache, and print the Materials, subject to the following conditions: (1) Any copy of the Materials or portion thereof must include the Porter copyright notice; and (2) Porter reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from Porter.

Member Accounts, Passwords, and Security

Certain areas of the Site may be password-restricted and require registration or sign-in before they can be accessed. When you complete our registration process you will receive an account and password that will enable you to access the Services. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that Porter cannot and will not be liable for any loss or damage arising from your failure to comply with this policy.

Content Submitted for Inclusion On or for Distribution Through the Site

You acknowledge that you are responsible for the information, photographs, graphics, messages, videos and any other content or material that you upload, post, email or otherwise submit to the Site or make available using the Services, and that you have full responsibility for each of your submissions, including its legality, reliability, appropriateness, originality, and copyright. Porter does not claim ownership of any such content you submit or make available for inclusion on the Site. However, with respect to content you submit or make available for inclusion as part of a room review, you hereby grant Porter a world-wide, royalty free, and non-exclusive license to use, distribute, reproduce, modify, adapt, and publicly display such content for the purposes of providing and promoting the Service to which such content was submitted. This license exists only for as long as you elect to continue to include such content on the Services and will terminate at the time you remove or Porter removes such content from the Service. You agree to and hereby provide to Porter a world-wide, royalty free, non-exclusive, and irrevocable license to use, distribute, reproduce, modify, adapt, publicly display, and sublicense any content you submit or make available for inclusion in "publicly accessible" areas of the Services.

"Publicly accessible" areas of the Services are those areas that are intended by Porter to be available to the general public.

Porter does not control the content posted by third parties via the Services and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will Porter be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.

You agree to not use the Services to:

Upload, post, email, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;

Impersonate any person or entity, including, but not limited to, a Porter official or supplier, or to falsely state or otherwise misrepresent your affiliation with a person or entity; Upload, post, email, or otherwise make available any content that you do not have a right to make available; Upload, post, email, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation; Upload, post, email, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

General Practices Regarding Use of Services

You acknowledge that Porter may establish general practices and limits concerning use of the Services. In addition, you agree not to take any action that might impose, in Porter's discretion, a disproportionately large load on Porter's servers or infrastructure, or the service provider’s offering the Services on the Site.

Modification of Service

Porter reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Porter shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

Termination

You agree that Porter may, at its sole discretion and without prior notice, immediately terminate your account and access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this Agreement or other Porter agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) if you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your account includes (a) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and (b) barring further use of the Services. Further, you agree that all terminations for cause shall be made in Porter's discretion and that Porter shall not be liable to you or any third-party for any termination of your account.

Liability Disclaimer

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PORTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND. PORTER MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. THE INFORMATION, SOFTWARE, SERVICES AND THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, PORTER AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF ANY SERVICES DISPLAYED ON THIS SITE (INCLUDING, WITHOUT LIMITATION, LIST OF SERVICES, GENERAL SERVICE DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SERVICE PROVIDERS. PORTER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS SITE OR TO THE SERVICES AT ANY TIME.

PORTER MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS SITE OR AS PART OF THE SERVICES FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCT OR SERVICE ON THIS SITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY PORTER. ALL SUCH PRODUCTS AND SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. PORTER, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

PORTER SUPPLIERS, INCLUDING WITHOUT LIMITATION ANY PARTY PROVIDING SERVICES FOR OR THROUGH PORTER ARE NOT AGENTS OR EMPLOYEES OF PORTER. PORTER MAKES NO WARRANTIES OR GUARANTEES WITH REGARD TO THE SERVICES PROVIDED BY THIRD PARTY SUPPLIERS. PORTER IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. PORTER HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSION, DELAYS, OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IN NO EVENT SHALL PORTER AND ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS SITE OR SERVICES OR FOR THE DELAY OR INABILITY TO USE THIS SITE OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE OR THE SERVICES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE TOTAL, CUMULATIVE LIABILITY OF PORTER (OR ITS AGENTS OR SUPPLIERS) FOR DAMAGES UNDER THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100.00). SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. PORTER'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify and hold Porter harmless from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including but not limited to veterinary, legal and accounting fees, brought by (i) you or on your behalf in excess of the liability described above; (ii) third parties arising out of content you submit, post, transmit, or make available through the Site or your use of the Services, (iii) any third party arising out of your use of the Services or the use of the Services by any person using your account and/or password, or (iv) by third parties arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Unlawful or Prohibited Use

As a condition of your use of the Services, you warrant that you will not use the Services for any purpose that is unlawful or prohibited by this Agreement or interfere with or disrupt the Services or servers or networks connected to the Services. You acknowledge that Porter may or may not pre-screen content, but that Porter has the right (but not the obligation) at its discretion to screen, refuse, move or remove any content that is available via the Services. Without limiting the foregoing, Porter and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by Porter or submitted to Porter.

Advertising and Links to Third-Party Sites

This Site may contain hyperlinks to Web sites operated by parties other than Porter. Such hyperlinks are provided for your information and reference only. Porter does not control such Web sites and is not responsible for their contents or your use of them. Porter's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. You further acknowledge and agree that Porter shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available through any third party Web site.

Intellectual Property

You agree not to copy, reverse engineer, or attempt to discover any source code or proprietary data, or distribute or create derivative works based on the Site or the Services, in whole or in part. You agree not to access the Services by any means other than through the interface that is provided by Porter for use in accessing the Services. You agree not to use any means to scrape or crawl any Web pages or content contained within the Site or available as part of the Services (although Porter may allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, and Porter reserves the right to revoke these exceptions either generally or in specific cases). In addition, any software that is made available from the Site or as part of the Services, including, without limitation, all HTML code and Web controls, are owned by or licensed to Porter. Any reproduction or redistribution of this software is expressly prohibited.

Purchases

Porter's searching, planning and purchasing tools are to assist customers in determining the availability of goods and services and to otherwise transact business with suppliers, and for no other purposes. You warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement and to use the Site and the Services in accordance with all of the terms and conditions herein. You agree to be financially responsible for all of your use of the Site and the Services (as well as for use of your account by others, including, without limitation, minors living with you). You also warrant that all information supplied by you or members of your household in using the Site and the Services is true and accurate. You agree to use the Services only to make legitimate purchases for you or for another person for whom you are legally authorized to act.

You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site or the Services.

Applicable Law/Miscellaneous

These terms and conditions shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. Any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the appropriate state or federal courts serving Los Angeles County, California, and the parties hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions. This Agreement is personal to you and you may not assign or otherwise transfer this Agreement or your rights under this Agreement, but this Agreement may be assigned or otherwise transferred by Porter without restriction. If any part of this Agreement shall be held invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of this Agreement, which shall remain in full force and effect.

Effective Date: June 26, 2013

This Privacy Policy applies to www.useporter.com (the "Site"), which is owned and operated by Porter, Inc. (“Porter”) and in connection with any services made available to you by Porter, whether through the Site or through a mobile application. Porter takes your privacy seriously and is pleased to provide this privacy policy to inform you of our practices with respect to how we collect, use, and protect personal information about visitors to this Site or users of our services. Personal information is information that is personally identifiable like your name, email address, phone number, mailing address, etc.

By using this Site or our services, you consent to the following terms:

Information Collection

Porter collects personal information when you use our site to purchase services from third party service providers. For example, when you register with Porter, we ask for your name and email address. In the future, to complete a transaction we may also ask for your phone number, email address, mailing address, preferences and credit card number. Porter may combine information about you that we have with information we obtain from suppliers, business partners, or other companies. In addition, Porter automatically receives and records information in our server logs from your browser, including your IP address, browser type, and the pages you request. This information does not necessarily enable us to personally identify you. We also may collect geolocation data from your mobile device when you use our services. We will request your permission to access your geolocation data prior to accessing such data for the first time.

Information Use

Porter may use your personal information for the following purposes: To verify your authorization to access certain features of the Site, to fulfill your requests for products or services, to personalize and customize the content and relevant services; to contact you about new products, services, special events and promotions, unless you have opted out; to conduct contests, sweepstakes and promotions, if you signed up to participate; to help us learn about your preferences and to enhance your user experience; to help us improve our products and services; and to provide reporting.

Information Sharing and Disclosure

Porter does not rent, sell, or share personal information about you with other people or companies except (i) to provide products or services you have requested including, without limitation, products and services from third parties, (ii) when we have your permission, or (iii) under the following circumstances: Porter may use third party vendors to assist us in providing our products or services and may transfer your personally identifiable information to such vendors who have entered into a contract with us that protects the confidentiality of your information and permits the vendor to use it to provide its services to you; In response to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims; When we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Porter 's Terms of Service located at https://www.useporter.com/terms , or as otherwise required by law; We may transfer information about you if Porter is acquired by or merged with another company or if all or substantially all of our assets are transferred. In this event, Porter will notify you by sending a notice to the email address specified in your Porter account before information about you becomes subject to a different privacy policy.

From time to time, we also may share general information about our Site, users, and visitors such as the number of visitors, aggregate and/or non-personally identifiable demographic and travel data, etc., with third parties.

Cookies

Porter sets and accesses cookies on your computer. A cookie is a small amount of data that Porter's servers transfer to your browser and that only Porter's servers can read. When you visit the Site, the cookie captures specific session data to streamline your experience and, if you select to save your member name and password, Porter will save this information in a cookie so that you will not be required to sign in each time you visit the Site. You may disable or delete cookies from within your Internet browser application by accessing the security or privacy settings. However, Porter requires you to have cookies enabled to access certain portions of the Site. Porter may allow other companies that show advertisements on some of our pages to set and access their cookies on your computer. Other companies' use of their cookies is subject to their privacy policies, not this one. Other companies do not have access to Porter's cookies.

Links to Third Party Sites

For your convenience, we may provide links to third party websites or referrals to certain third parties' products or services. If you choose to visit a third party's web site or use its products or services, please be aware that this privacy policy will not govern your activities and any information you disclose to such third party.

Confidentiality and Security

We limit access to personal information about you to employees or contractors who we believe have a legitimate need to come into contact with that information to provide products or services to you or in order to do their jobs. Porter employs procedural and technical measures reasonably designed to protect your personal information from loss, misuse, unauthorized access or disclosure. Although we make good faith efforts to store the information collected in a secure operating environment that is not accessible to the public, we cannot guarantee complete security.

Accessing, Reviewing and Changing Your Personal Information

We will offer you the ability to access, review and change certain information via the Registration page. Upon your request, we will deactivate your account, and remove your personal information from active service. To make this request, please contact us as indicated below. Your account will be deactivated as soon as reasonably possible based on your account activity. We will retain in our files and databases some personal information to prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Service and comply with legal requirements as permitted by law. Therefore, you should not expect that all of your personal information will be completely removed from our databases in response to your request.

Children Under 13

The Site is not targeted to nor intended for children under the age of 13. If we find that we have received information from children under 13 years of age, we will take steps to delete such information.

Changes to this Privacy Policy

Porter may update this policy. You should check here periodically to review our current privacy policy. Changes to this privacy policy are effective at the time they are posted, and your continued use of the Site after posting will constitute acceptance of, and agreement to be bound by, those changes. We will notify you about significant changes in the way we treat personal information by sending a notice to the email address specified in your Porter account or by placing a notice on our site.

If you have questions, please contact us at hello@useporter.com

You may also write us:
Porter, Inc.
1600 Main St
Venice CA 90291