This Terms and Conditions of Use Agreement ("agreement") is a legal agreement between you and Porteck Corporation ("Porteck") governing your use of this website (the "site").

Your use of this site is subject to the terms and conditions of this agreement. By accessing, using and/or viewing our site, you hereby agree to be bound by the terms of this agreement. If you do not agree to the terms and conditions, you must exit this site.

We reserve the right to change the terms of this agreement at any time. If you access our site at any time after such a change in terms of the agreement is posted, then you are deemed to have accepted and agreed to all of the revisions.

 

Disclaimer
Our site contains various types of information originating from ourselves or from third parties, including outside vendors that provide information or goods and services. As the user of this site, you assume full risk and responsibility for any and all use of this site, including the information presented on the site. 

 

This site is intended to be a general information resource only and does not constitute financial advice and is not a substitute for seeking professional financial counsel.  You are responsible for seeking professional financial advice if you have any questions concerning your practice’s financial viability.  You agree to hold Porteck Corporation and its affiliates harmless from any and all claims relating to your use of, your reliance upon, or errors or omissions in, information found on this site.

The services, information, and functions contained in this site are provided “as is” without warranty of any kind.  We expressly disclaim any and all representations and warranties, expressed or implied, including those of accuracy, completeness, non-infringement, merchantability, and fitness for a particular use or purpose, concerning our services or the adequacy, accuracy, or completeness of the information or services included on our site, or that the services will be uninterrupted or error free. 

 

Limitation of Liability
Your use of our website is at your own risk. With regard to outside vendors and information providers, we do not endorse, or otherwise recommend or approve any product or information located on or available through our site. We do not own or control other networks, sites, or hyperlinked sites outside of our own site, including the outside vendors accessed through our site.

 

We will not be liable to you or anyone else for any harm to you or others resulting from the use of our site and/or the products and services provided through this site.  To the maximum extent permitted by law, in no event will be liable to you or anyone else for any special, incidental, direct, indirect, consequential, or punitive damages whatsoever, including without limitation, damages for personal injury, wrongful death, loss of revenue, business interruption, loss of business information or any other pecuniary loss, loss of technology, loss of rights or services, loss of data, interruption or loss of use of any equipment, mental anguish, emotional distress, or invasion of privacy, arising out of the use of or inability to use our site and/or the products and services provided through our site, even if we have been advised of the possibility of such damages, whether under the theory or contract, tort (including negligence), strict liability, or otherwise.

 

We are not responsible or liable for acts or omissions of outside vendors or information providers, or for performance or non-performance within outside networks or interconnection points between our site and other networks and/or sites operated by third parties.  We also make no representation regarding your ability to transmit and receive information from or through our site, and you agree and acknowledge that at times your ability to access our site may be impaired or disrupted.  Although we will use commercially reasonable efforts to take any action we consider appropriate to remedy and avoid such events, we cannot guarantee that they will not occur, and accordingly we disclaim any and all liability resulting from or related to such events.

 

We are not liable for any failure or delay in our performance due to any cause beyond our reasonable control, including acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, or failure of the internet.

 

Breach
You hereby acknowledge that your breach of this agreement may result in immediate and irreparable harm to Porteck Corporation, for which there will be no adequate remedy at law, and that Porteck Corporation shall be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation, and/or disclosure of information obtained through the site. Your breach of this agreement may also entitle Porteck Corporation to bring an action against you for any and all other remedies available at law or in equity.

 

Jurisdiction
We operate and control our site from our location in New York, United States of America. We make no representation that any information, materials, or functions included on or through our site are appropriate for use in any other jurisdiction. If you choose to access our site from locations other than New York, you do so on your own initiative and are responsible for compliance with applicable laws and regulations.

This agreement, and the rights and obligations of you and Porteck Corporation hereunder, shall be governed by, and construed in accordance with, the laws of the State of New York. You further agree that any legal action or proceeding between you and Porteck Corporation arising out of or relating to this agreement or your use of the site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York, New York, and you hereby expressly and irrevocably consent to the jurisdiction and venue of such courts.

 

No Waver, Severability
A waiver of any breach of any provision of this agreement shall not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions of this agreement. In the event that any provision of this agreement is held to be unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that is the closest to the intention underlying the unenforceable provision.

Assignability
We may assign our rights and delegate our duties under this agreement either in whole or in part at any time, at our sole discretion, and without your consent. You may not assign, sublicense, or otherwise transfer your rights or obligations, in whole or in part, under this agreement to anyone else.

 

Relationship
This agreement does not establish any relationship of partnership, joint venture, employment, franchise, or agency between you and us.