Portfolio BI, Inc. Terms & Conditions

Introduction
These terms of use (“Terms”) are a legal agreement between Portfolio BI, Inc., on behalf of itself and its affiliates (collectively “Company”) and you, and describe the rules and conditions by which you may use any website, mobile app, or other social media channel owned and/or operated by the Company now or in the future (collectively and individually, the “Site”).

This Site is owned and controlled by Company. Your use of the Site constitutes your agreement to these Terms. By using the Site you agree to be bound by these Terms and any additional terms that may be posted on the Site. If you do not agree to these Terms, please do not use the Site. Company reserves the right to modify or change these Terms at anytime in Company’s sole discretion, without prior notice to you. Please periodically visit this section of the Site to review the current version of these Terms. By using the Site you agree to the most current version of the Terms and any and all future changes that may be placed in effect. You also agree to comply with any additional Terms that are referred to on this Site or any area within the Site. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND COMPANY REGARDING THE SITE.

Website Content and Restrictions on Use
We provide this Site as a service to our clients. Unless otherwise noted, all Site content and functionality, including images, illustrations, designs, icons, photographs, software and written and other content that are part of this Site, including all copyright, trademark, patent, and any other intellectual property rights therein (collectively, the “Content”) are owned or licensed by the Company.

The Site and its Content are intended solely for your personal use. Except as described herein, you may not copy, reproduce, distribute, perform, create derivative works from, publish, translate, adapt, modify, transmit, reverse-engineer, decompile, disassemble or otherwise exploit or use, in whole or in part, any of the Content and/or the Site, including but not limited to any software or any other item. You agree that if you download or print any images from the Site you do so solely for your own personal use. No right, title or interest in any downloaded or printed Content is transferred to you as a result of any such downloading or printing or any other use.

Company grants you a personal, limited, non-exclusive, non-transferable, revocable license to install and use any proprietary software necessary to use the Site, including any updates and enhancements, in object code for, including on your mobile device, if necessary (the “License”). Except as otherwise expressly provided, Company grants no other express or implied licenses to you in regard to the Site. The License granted to you may not be sublicensed, commercially distributed or shared with any third party without the prior written consent of the Company.

User Generated Content
If you send or otherwise provide to Company any statements, opinions, content, or other materials (“Site Materials”) for posting on this Site, such Site Materials will be treated as non-confidential and non-proprietary. Company has a policy against accepting unsolicited product ideas in order to avoid any conflicts or misunderstanding regarding ownership of such ideas. By posting any such Site Materials, you represent to Company and the other users of the Site that you have the right to reproduce the Site Materials on the Site. You retain whatever ownership you may have in the Site Materials you post, but by providing them to Company for posting to the Site, you grant to Company a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use, reproduce, derive, distribute, compile, sell, offer for sale, and commercialize any ideas, concepts, know-how, techniques or copyrights content contained in such Site Materials in any way and for any purpose whatsoever. Company shall have no obligation of any kind with respect to such Site Materials and will be free to use, reproduce, derive, distribute, delete, compile, sell, offer for sale, and commercialize the materials to others, without limitation.

Site Rules
You agree to follow the rules listed below:

• You will not knowingly offer for posting any false, misleading or fraudulent information.
• All information offered for posting by you will not violate the copyright, right of publicity, trade secret or privacy or any other proprietary rights of any third party.
• Information provided for posting by you must not be defamatory, offensive, threatening, obscene, or otherwise harassing, inappropriate or disruptive.
• You will not represent yourself as someone you are not or otherwise impersonate any other person while using the Site.
• You will not obstruct or tamper with the functioning of the Site, nor will you attempt to gain access to information or control of the Site not specifically granted to you.
• You will not use this Site for any illegal purpose, nor will you provide or post any material or information in violation of any applicable law or regulation.
• You will not use the Site to transmit any malware, spyware, virus or similar destructive program or code.
• You will not compile any database or list of other Site visitors, nor will you use the Site as a means of sending of any spam, bulk email, or email offering to sell goods or provide services.
• You will not access or attempt to access any restricted portion of the Site unless you have specifically been permitted access.

Site Access
We may discontinue all or part of this Site at any time. We may block or limit your access to this Site if: (i) you violate these Terms; (ii) you violate any applicable law or regulation relating to your use of this Site; (iii) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory, or otherwise disruptive to us or others. Please note that if you are accessing a Site via a mobile device, standard fees may be incurred. Consult your mobile service provider for details.

SMS‍

By providing my phone number to Portfolio BI, I agree and acknowledge that Portfolio BI may send text messages to my wireless phone number for any purpose. Message and data rates may apply. Message frequency will vary, and you will be able to Opt-out by replying “STOP”. For more information on how your data will be handled please visit Privacy Policy section.

‍Links
This Site may contain links to websites operated by other entities, or display information regarding products or services offered by third parties. Other sites and other entities are not under our control. We are not responsible for the information available on any other Internet sites linked to this. We do not endorse or warrant the goods or services of any third party. You visit or engage in business with any other party at your own risk.

Privacy
Please request a copy of our Privacy Policy directly from Company or review our Privacy Policy posted on the Site to understand our privacy practices. By using the Site, you also agree to the most recent version of the Privacy Policy in effect at the Site. We may change or modify the Privacy Policy at any time. Such modifications will be reflected in the Privacy Policy posted on the Site or otherwise communicated to users of the Site.

Company Trademarks
Company names and logos and all related product and service names, design marks and slogans are the property of Company. All rights are reserved. Site visitors are not authorized to use any Company name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Company. All other trademarks appearing on the Site are the property of their respective owners.

Copyright Infringement Notice
We respect the intellectual property rights of others and expect users of the Site to do the same. Pursuant to Title 17 U.S.C. § 512(c), all notification of claimed copyright infringement should be sent to Company’s designated Copyright Agent at the following:
Dempsey Legal Solutions LLC
50 East Road
Suite 6H
Delray Beach, FL 33483
ATTN: Cecelia Dempsey, Esq. Or, via email to: [email protected]

All claims of infringement must be in writing and must contain the following information:

• Identification of the copyrighted work claimed to have been infringed or a list of such works if multiple copyrighted works at a single online site are covered by a single notification;
• Identification of the material that is claimed to be infringing and that is to be removed and information reasonably sufficient to permit us to locate the material in question;
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Information reasonably sufficient to allow Company to contact the complaining party, such as an address, telephone number, and if available, an email address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Website Warranty Disclaimer
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. ALL MATERIALS AND CONTENT ON THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. COMPANY EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE CONTENT ON THE SITE, ALTHOUGH COMPANY MAY MODIFY THE CONTENT AT ANY TIME WITHOUT NOTICE. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTE, OR THAT THE FUNCTIONS CONTAINED IN THE SITE WILL FUNCTION WITH OTHER SOFTWARE OR HARDWARE, OR WITHIN A PARTICULAR SYSTEM. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTION TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU FURTHER ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON SUCH RIGHTS SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification
To the maximum extent permitted by applicable law, by visiting this Site, you agree to hold harmless Company, its officers, directors, employees and affiliates (“Covered Parties”) from and against all claims, actions, demands, liabilities, judgments and settlements, including, without limitation, from any direct, indirect, incidental, consequential, special, exemplary, punitive or any other damages you may incur in connection with your use of this Site, including, without limitation, any economic harm, personal injury, lost profits, damages to business, data or computer systems, or any damages resulting from reliance on any content or resulting from any interruptions, work stoppages, computer failures, deletion of files, errors, omissions, inaccuracies, defects, viruses, delays or mistakes of any kind, even if you have previously advised Company of the possibility of such claim. Your sole remedy for dissatisfaction with the service is to stop using the service.

Children and Minors
This Site is not intended for minors. Minors and children (persons under the age of 18) are not eligible to use the Site unsupervised. We ask that children do not submit any personal information to us. By using this Site unsupervised, you warrant that you are at least 18 years of age.

Miscellaneous
Unless otherwise specified, the Site and the Content therein are displayed solely for the purpose of promoting our products and services, and our Company. These Terms shall be construed in accordance with the laws of the State of New York, United States of America, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of New York, United States of America. By using this Site, you agree to the personal jurisdiction and venue of such courts.
You agree that in the event you have or may have any alleged claim against Company or any of our vendors, contractors, licensees or licensors, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms and that you are not eligible to receive, and shall not seek, attorneys’ fees in relation to any claim that you have or may have against Company or its vendors or licensors.

Modification and Termination
The Terms shall remain effective until terminated as outlined herein. Company may add, change, remove any Content posted on this Site or terminate the Site at any time, without notice and without liability.

Version: April 2024