AGREEMENT TO TERMS.

The Terms of Use Agreement (“Agreement”), created on the effective date and last amended on date above, is made between you (“user,” “you” or “your”), and:

WEBSITE OWNER.

Website URL: www.portalassistant.com

Compnay Name: Portal Assistant

E-Mail: support@portalassistant.com

The owner mentioned above includes its affiliated companies, websites, applications, software, and tools (the “Company,” “we,” “us,” or “our”), and, with this Agreement, outlines the rights and obligations that you and all users share, as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “website”), for the purpose of making use of any of the content, software, or other tools on the website (“services”).

SUBSCRIPTIONS.

If any of the services offered by us are only available with a paid subscription, you will be billed in advance and on a recurring and periodic basis (such as daily, weekly, monthly, annually, or other agreed upon timeframes) at the end of each period. With each successful payment, the subscription will automatically renew under the same conditions unless canceled.

a.) Cancellation. You are entitled to cancel a subscription at any time and in accordance with the terms of this Agreement. Cancellation does not entitle you to a refund for any prior payments made.

b.) Fee Changes. If any changes occur to the subscription amount, you will be given notice of at least one (1) billing cycle prior to the change taking effect. Notice will be given by the e-mail on your registered account or profile.

c.) Free Trials. Any free trial, sample, or other abridged versions of our services that are offered shall be considered a one (1) time use based on the registering of a user’s e-mail. It is strictly prohibited for a user to create and register more than one (1) e-mail solely to access another free trial on the website.

ACCESS.

Your access to and use of the website and the services is conditional upon your acceptance of and compliance with this Agreement, which applies to all the website’s visitors. If for any reason, you do not agree with any of the terms of this Agreement, you may not access the website or its services.

Additionally, your access to and use of the services is also conditional upon your acceptance of and compliance with our privacy policy which describes our policies and procedures on the collection, use, and disclosure of your personal information which is initiated by and commences when you use the website. The privacy policy discloses details and discloses your privacy rights and protections under applicable laws. It is advised to read our privacy policy prior to accessing the website or its services.

a.) Minors (under the age of 18). If any user is a minor in the jurisdiction where they reside, the minor must obtain permission from their parent or guardian to use the website. If a minor accesses the website, it is assumed that their parent or guardian has read and agrees to this Agreement and has given permission to the minor to use the website.

b.) Children (under the age of 13). If any user is a child under the age of thirteen (13) years and from the United States, it is assumed that they have obtained permission and verifiable parental consent to use the website. Furthermore, this Agreement allows the protections mentioned under the Children’s Online Privacy Protection, specifically, 15 U.S. Code § 6502. We do not claim that the website’s content is appropriate or suitable for you or any visitor. No information, data, or information provided on the website is intended for distribution or use in any location where such usage is prohibited or is contrary to any law or regulation which would subject the Company to the legal liability of any type. Any such access or use of the website is to be utilized on your own initiative, and you are solely responsible for any legal compliance. Any supplemental amendments or documents posted on the website following the effective date of this Agreement are to be considered expressly incorporated into this Agreement.

PROHIBITED ACTIVITIES.

As a user of our services, whether on the website or mobile app, it is prohibited to engage in the following activities to:

– Systematically retrieve data or other content from the website or services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission;

-Trick, defraud, or mislead other users or us, especially in any attempt to learn sensitive account information such as user passwords;

– Circumvent, disable, or otherwise interfere with security-related features of the website or services, including those that restrict the copying of content or protected marks;

– Disparage, tarnish, or otherwise harm the company, website, mobile app, or any other platforms where the services are offered;

– Use any information obtained from the website or the service to harass, abuse, or harm another person or group of people;

– Make improper use of our support services, specifically, our customer service representatives, or make false reports of abuse or misconduct;

– Use the website or services in a manner that is inconsistent with its intended use or against any applicable laws;

– Engage in spamming, linking, or referring to other websites for commercial or other purposes;

– Upload or transmit, or the attempt of such act, viruses, trojan horses, or other damaging or improper material, including the spamming or continuous posting of repetitive text, that has the potential to interfere, modify, impair, disrupt, alter, or interfere with another user’s experience with the website or its features, functions, operations, or maintenance;

– Attempting any unauthorized automated use of the website, such as using scripts to send comments and messages, or using mining tools with the intention of gathering, injecting, or extracting data;

– Deleting copyrights, trademarks, disclaimers, or any other marks from the website or its content; -Impersonating another user or person by use of a username, e-mail, personal name, or in any other manner;

– Upload or transmit, or the attempt of such act, any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices, also known as “spyware,” “passive collection mechanisms” or “pcms;”

– Interfering with, disrupting, or creating an undue burden on the website, services, networks, and other connections;

– Harassing, annoying, intimidating, or threatening any of the other users, employees, agents, contractors, or any other individual affiliated with the company;

– Copying or adapting the software of the website, including but not limited to Flash, PHP, HTML, JavaScript, or other code;

– Disabling or attempting to disable restrictions implemented by the website that prohibits access to certain areas;

– Deciphering, decompiling, disassembling, or reverse engineering any of the software on the website; -Except as may be the result of standard search engine or internet browser usage, to use, launch, develop, or distribute any automated system, including without limitation, any crawlable spider, robot or bots, cheat utility, scraper, or offline reader that accessed the website or services, or using or launching any unauthorized script or other software;

– Using a buying or purchasing agent to make purchases on the website;

– Making any unauthorized use of the website or the services, such as collecting usernames, e-mail addresses, or personal names of users by electronic or other means to send unsolicited e-mails or create user accounts by automated means or under false pretenses;

– Using the website or services as part of any effort to compete with us or otherwise using the website, services, marks, content, data, or any part thereof for any revenue-generating endeavor, commercial purpose, or for personal benefit;

– Using the website or services to advertise or offer to sell goods or other services;

– Selling your user profile or account on the website.

GUIDELINES FOR REVIEWS.

We may provide you, either on the website or by a 3rd party, the right to leave a review or rating of the services provided. Said review or rating requires that you:

– Should have firsthand experience with the person/entity being reviewed;

– Do not contain any offensive, abusive, racist, profanity-laden language;

– Do not reference discriminatory language or references related to religion, race, gender, national origin, age, marital status, sexual orientation, or disability;

– Do not include references to illegal activity;

– Do not post negative reviews as part of a scheme working with a competitor of ours; -Do not make any suggestions or conclusions as to the legality of our services, products, or conduct; -Do not post any false or misleading comments about your experience with the website or our company; and

– Do not organize a campaign encouraging others to post reviews, whether positive or negative.

In our sole discretion, we may decide to accept, reject, or remove reviews. Our responsibility is to screen reviews to ensure that any postings regarding the website and its services are accurate and verifiable. Any reviews made by you or other users of the website do not represent our opinions or statements of the services or of our affiliates or partners. We do not assume liability, claims, or losses resulting from any review made on the website. By posting a review, you hereby grant us a perpetual, nonexclusive, worldwide, commercial, royalty-free, and assignable license (and sublicense ability) to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to such reviews made.

MOBILE APPLICATION LICENSE.

If a proprietary mobile application is offered in connection to the services offered on the website (“mobile app”), the following will apply:

a.) Use License. We grant you a revocable, nonexclusive, non-transferable, and limited license to install and use the mobile app to access the website and its services. Under such license, you agree that it is prohibited to conduct the following:

-Except as permitted by applicable law, to decompile, reverse engineer, disassemble, attempt to derive source code, or decrypt any part of the mobile app;

-Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the mobile app;

-Violate any applicable laws or regulations in connection with your use or access to the mobile app;

-Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the mobile app;

-Use the mobile app for any revenue-generating endeavor, commercial enterprise, or other purposes for which it is not designed or intended;

-Allow the mobile app to be available over a network or other environment that permits access or use by multiple devices or users at the same time;

-Use the mobile app for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the mobile app;

-Use the mobile app to send automated queries to any other website or application for unsolicited use, commercial or non-commercial; and

-Use any proprietary information provided by or through the use of the mobile app for the design, development, licensure, or distribution of any other applications, accessories, or other devices for use with the mobile app.

b.) Apple and Android Devices. When using the mobile app on an Apple or Android device (“mobile platform”), the following will apply:

-The license granted to you when using the mobile app is limited to a non-transferable license on a device that utilizes either of the mobile platforms, as applicable, in accordance with the usage rules set forth in the applicable mobile platform’s terms of service and any other applicable documents; -It is known that we are responsible for providing any maintenance and support services with respect to the mobile app in regard to updates made by the mobile platform and in its day-to-day use;

-Any refund requests made by you from purchases made on the mobile app must be requested on the mobile platform in accordance with its refund policy. We cannot, on the website, assist in any refund request for payments made on the mobile app;

-If the jurisdiction or governing law of the company or mobile app is located in the United States, you verify that:

-You are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; or

-You are not listed on any U.S. government list of prohibited or restricted parties;

-You must comply with applicable 3rd party agreements that are used in combination with your wireless plan, network connection, or any other data service or device agreement; and

-You acknowledge that the mobile platforms used in connection with the mobile app are 3rd party

beneficiaries in regard to this Agreement and that each mobile platform will have the right to enforce its terms and conditions regarding your access and activities when using the mobile app.

COPYRIGHT POLICY.

a.) Intellectual Property Infringement.

It is our duty to respect the intellectual property rights of others. Therefore, it is our policy to respond to any claim that infringes on any trademark, copyright, or other intellectual property protected under law.

If you are an owner of any protected intellectual property that you feel is being used without your authorization, you must submit notice to us by any of the contact details mentioned herein and include a detailed description of the alleged infringement.

If any request is made, and it is determined that you are not the owner of the intellectual property or do not have the authority to act on the owner’s behalf, you may be held accountable for damages which may also include costs related to attorneys’ fees for such misrepresentation.

b.) DMCA Notice and DMCA Procedure for Copyright Infringement Claims.

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our company with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

-An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of the copyrighted work;

-A description of the copyrighted work that you claim has been infringed, including the URL(s) where the copyrighted work exists or a copy of the copyrighted work;

-Your contact details including a personal name, address, phone number, and an e-mail address; -A statement that the copyright infringement is not authorized and that the request to remove the copyrighted work is in good faith; and

-A statement by you, with language that includes “under penalty of perjury,” that the information included in the infringement removal is accurate.

Upon receipt of a copyright infringement notification, we will take whatever steps are required to remove the copyrighted content from the website or the services.

INTELLECTUAL PROPERTY.

Except as otherwise indicated, all source coding, databases, functionalities, software, graphic designs,and media of any kind (e.g. audio, video, text, photos, etc.), content, trademarks, service marks, logos, and copyrights are considered to be intellectual and proprietary information (“intellectual property”). Such intellectual information is under our ownership and protected by local, state, national, and international laws and will be defended.

No intellectual property is permitted to be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for commercial purposes without our express prior written permission.

All trademarks, logos and brand names are the property of their respective owners.  All company, product and service names used in this website are for identification purposes only.  Use of these names,trademarks and brands does not imply endorsement.

USER OBLIGATIONS.

You, as a user of the website or any of its services, agree to the following:

-Any information used for registration purposes, if required, must be submitted in an accurate and completed manner;

-If any information should change regarding your account, you agree to change it in a timely fashion;

-You have the legal capacity to understand, agree with, and comply with this Agreement;

-That you are not considered a minor in the jurisdiction where you reside or are accessing the website or its services;

-That you will not access the website or its services through the use of bots, scripts, or any other use than the traditional manner as is intended; and

-That you will use the website and its services in an authorized and legal manner in accordance with this Agreement.

– The performance and loading times of the websitel is dependent upon many things that are not in our control, including your own network performance, the age and performance of your computer or Mobile Device, and the availability of internet connectivity.

– You acknowledge that we are not a health advisor, provider, testing lab, or the like, and we do not provide medical, health, or other professional services or advice.

In regard to any of the information submitted by you, if it should be deemed inaccurate, out of date, or incomplete, we reserve the right to terminate your access to the website or account and any future intended use.

USER ACCOUNTS.

If our website allows the creation of a user account of any type, you agree to be responsible for

safeguarding its information including account data, connected e-mails, passwords, and any other personal information located therein. If you are made aware of any breach of unauthorized use of the account, to notify us as soon as possible. Furthermore, you agree not to disclose any password created with any 3rd party other than secured services used to assist with saving passwords on your behalf.

If the creation of a username is allowed when making an account, such username must be appropriate for public viewing and not violate any trademark, copyright, or other protected names or marks.

USER SUBMISSIONS & CONTENT.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the website (“submissions”) provided by you is public and is not considered confidential unless otherwise stated. Upon submissions posted on the website, it becomes our exclusive property along with all intellectual property rights which may be used by us for any lawful purpose, commercial or otherwise, and without acknowledgment or compensation to you.

With the posting of your submissions, you agree to waive any rights to such submissions and acknowledge their transfer to us. In addition, you agree that after the posting of such submissions, there is no recourse. Therefore, you may not delete submissions to use them on another platform for your benefit or to reclaim their rights.

Our website or services may allow you to chat, make postings (available for public or private viewing), or other communication functionalities, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials on the website, including but not limited to, text, writings, video, audio, photos, graphics, comments, suggestions, personal information or other material (collectively known as the “content”). Content may be viewable by other users or the general public. As such, any content transmitted by you may be treated as non- confidential and non-proprietary. When you create or make any content available on the website, you are accepting that:

-The creation, distribution, transmission, public display, or performance of displaying your content to be widely available for accessing, downloading, or copying does not infringe your or its proprietary rights, including but not limited to any copyrights, trademarks, patents, trade secrets, confidential information or moral rights of a 3rd party;

-You are the creator and owner of or have the necessary licenses, rights, consent, releases, and permissions to use and to authorize us, and other users of the website, to use your content in any manner deemed reasonable;

-You have the written consent, release, or permission of each and every identifiable individual in your content to use their name or likeness;

-Your content is not false, inaccurate, or misleading to the detriment of other users, the website, or any 3rd party;

-Your content is not unsolicited or unauthorized advertising, used for promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;

-Your content is not obscene, lewd, lascivious, filthy, violent, considered harassment, libelous, slanderous, or otherwise objectionable (as determined by us);

-Your content does not ridicule, mock, disparage, intimidate, or verbally abuse other users or us;

-Your content is not used to harass or threaten (in the legal sense of those terms) any user or individual or promotes violence against a specific person or class of people; -Your content does not violate any applicable laws or regulations;

-Your content does not violate any privacy-related concerns or the publicity rights of any 3rd party; -Your content does not include offensive comments related to groups of race, national origin, gender, relationship status, familial status, religion, sexual preference, or physical handicap; and

-Your content does not link to material that violates any of the aforementioned provisions of this section or this Agreement.

By posting your content on our website, you grant us the right and license to use, modify and publicly perform, display, reproduce, and distribute such content. You retain any and all of your rights to any content you submit, post, or display and are responsible for protecting those rights. This license includes the right for us to make your content available to other users of the website, 3rd parties, and to the general public, with or without your consent.

THIRD (3RD) PARTY WEBSITE AND CONTENT.

Our website or services may contain links to 3rd party websites or services that are not owned or controlled by us. Therefore, we assume no responsibility for the content, privacy policies, terms of use, practices, services, experiences, activities, or any other acts by 3rd parties. You acknowledge that if you are to be re-directed or forwarded to such 3rd party website, you hold us harmless and free of liability for any action that should occur on such websites, which may or may not include damages, losses, or any other claims.

ADVERTISING.

In the event that we host, display, recommend, or link to websites or services in exchange for a fee (“advertisements”), it shall be known that such websites and services are often not known to us and are provided via advertisement networks based on user data. We do not own or control such advertisements and assume no responsibility for the content, privacy policies, terms of use, practices, services, experiences, activities, or any other acts. Our only affiliation with such advertisements is the payment per display, clicks, or any other monetary benefit in accordance with its terms and conditions or affiliate terms.

Any advertisements used are subject to the Digital Millennium Copyright Act (“DMCA”) policies. There will be no refund or compensation related to a DMCA takedown of said advertisements. Our relationship with advertisers begins and ends with us providing space for the placement of such advertisements.

PAYMENTS.

All or a portion of the services offered by the Company on the website are paid in accordance with the terms below:

a.) Forms of Payment. We accept payment through the methods offered at the time of purchase or when a balance is due. The provider and method of payment are determined by your location, device, and purchased item. We reserve the right, at any time, to reject payment for any reason.

b.) Currency. Payments will be accepted on the website in the currency based on your location and in accordance with local laws.

c.)Refund Policy. Except when required by law, payments made by a user are not refundable by the company. Refund requests are administered on a case-by-case basis and, if granted, do so at the sole discretion of the company.

d.) In-App Purchases. If the website’s services are offered on an Android, iOS, or other mobile application (“mobile app”), this Agreement also applies to payments made on the mobile app. In addition, payments made on the mobile app must also be in accordance with the terms of the mobile app platform or “store.”

SITE MANAGEMENT.

To ensure the best experience for all users of our website and services, we reserve the right, in our sole discretion, to do the following:

-To monitor our website, services, and any other content for violations by users of this Agreement;

-To take appropriate actions against our users, including legal action, for those who may have violated this Agreement or have attempted to defraud or cause harm to other users;

-To refuse, restrict, limit, disable, or remove any and all files and Content which, due to excessive size limits or other properties, are burdensome to our systems or other users; and

-To otherwise manage our website and services in such a way as to protect our rights and property and to encourage the optimal running of said websites and services.

AVAILABILITY OF WEBSITE

a.) Availability

-We shall use commercially reasonable efforts to provide continuous access to the website. We do not guarantee that the website will be accessible at all times. The website may be unavailable during maintenance periods or during an emergency. In addition to normal maintenance, there may be events that will make the website inaccessible for a limited amount of time due to unforeseen circumstances.

-We reserve the right to change your password if we believe it’s unsecure.

-We have the right to refuse to provide access to the website.

-We have the right to cease offering the website at any time and at our sole discretion.

b.) We can subcontract services related to the operation and maintenance of the website, such as, but not limited to, outside hosting and storage, to third parties, which may be inside or outside the United States.

c.) We reserve the right to deactivate any accounts which have not been active for at least six (6) months. We reserve the right to delete personal information in a deactivated account after the longer of seven (7) years or as required by law.

STORAGE AND TRANSFER

By agreeing to this Agreement, you consent to the storing and processing of your personal information, including sensitive information, in the United States. We use a range of measures to safeguard information but these countries may have laws that are different from those of your country of residence. You also consent to your personal information, including sensitive information, being assigned, transferred or conveyed in the event of a business transition such as, but not limited to, a merger, sale, asset or stock acquisition of us by another company, or other transaction or proceeding. In such a case, your information would be used as set out in our Privacy Policy.

PRIVACY POLICY.

Your access to and use of our website or services is conditional upon your acceptance of our privacy policy. Our privacy policy describes our rules and procedures on the collection, use, and disclosure of your personal information and details your privacy rights and how the law protects you and such data. It is recommended for all users to read to know their rights. Our privacy policy can be found at the following URL: https://portalassistant.com/privacy-policy

We maintain the right to store certain data that you have transmitted by the use of the website or any of our services. You are solely responsible for the data you transmit and how it relates to any activity you have undertaken when using the website and any of its services. Therefore, you agree that we have no liability to you for any loss, breach, or corruption of any data and hereby waive any right of action against us that may or may not arise from such loss, breach, or corruption.

TERMINATION.

We may terminate or suspend your account for any reason and at our sole discretion. If your account is suspended or terminated, we may or may not provide prior notice. Upon termination, your access to the website and/or services will cease immediately.

If you wish to terminate your relationship with us, such termination can be made by simply

discontinuing your use of the website and its services.

GOVERNING LAW.

All disputes arising out of or relating to the Agreement shall be governed by the company’s jurisdiction mentioned herein regardless of your country of origin or where you access the website. Your use of this website may be subject to other local, state, national, and international laws.

DISPUTE RESOLUTION.

If you should raise any dispute about the website, its content, or any of the services offered, it is

required first to attempt to resolve the dispute formally by contacting us.

-Mediation. If a dispute cannot be agreed upon by the parties, it shall be moved to mediation for a period of 30 days with at least 10 hours to be committed by each party in accordance with the Procedures of the United States Arbitration & Mediation. All costs related to said mediation shall be shared equally by both parties.

-Arbitration. If the dispute cannot be agreed upon during the mediation period, then the dispute will be submitted to binding arbitration in the jurisdiction of governing law.

We maintain the right to bring proceedings regarding the substance of any dispute in the courts of the country where you or we reside.

“AS-IS” DISCLAIMER.

It is recognized to you, as a user of the website and any services offered, that they are provided on an “as-is,” “where is,” and “as available” basis, including faults and defects without warranty.

To the maximum extent permitted under applicable law, the company, on its own behalf and those of its affiliates, licensors, and service providers, expressly disclaim all warranties, whether express, implied, statutory, or otherwise, with respect to the said website and any services offered, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and make no representation of any kind, that the content or any services provided will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, devices, or services, including operating without interruption, or meet any performance or reliability standards or be error and bug-free from any defects that can or will be corrected.

Without limiting the foregoing, neither we nor any of our providers make any representation or warranty of any kind, express or limited, in regard to the following:

-The operation or availability of the website or any services, or the information content, and materials or products included herein;

-The website or any services being uninterrupted or bug-free;

-The accuracy, reliability, or currency of any information or content provided through the website or services; and

-The website or any services, servers, content, or e-mails sent on behalf of our company is free of viruses, scripts, trojan horses, worms, malware, timebombs, or any other harmful code.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on the applicable statutory rights of a consumer. Therefore, some or all of the above exclusions and limitations may not apply to you. The exclusions and limitations outlined in this section will be applied to the greatest extent under applicable law.

LIMITATION OF LIABILITY

a.) To the fullest extent permitted by applicable law, in no event will we or our affiliates, or any of our respective licensors or service providers, have any liability arising from or related to your use of or inability to use the website or the services for:

-Personal injury, property damage, lost profits, cost of substitute goods or services, loss or corruption data, loss of goodwill, business interruption, computer failure or malfunction or any other consequential, incidental, indirect, exemplary, special or punitive damages;

– Any action you take based on the information you receive in through or from the software or service;

-Your failure to keep your password or account details secure and confidential;

-The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the services;

-The improper authorization for the service by someone claiming such authority;

-Statements or conduct of any third party on the service; or,

-Direct damages in amounts that in exceed one hundred dollars (u.s.). the foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence) or any other theory or cause of action and regardless of whether such damages were foreseeable or we were advised of the possibility of such damages.

b.) Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to you.

c.) We do not guarantee the continuous, uninterrupted or secure access to the website or any related services, and the operation of the website may be interfered with by numerous factors outside our control.

d.) Under no circumstances shall we be liable for any damages that result from the use of or inability to use the website including, but not limited to, reliance by you on any information obtained from the website or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to our records, programs, or services. you hereby acknowledge that this paragraph shall apply to all content, data, and information submitted to the website.

e.) If you are a california resident, you waive california civil code §1542, which says: a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. if you are a resident of a state with protections similar to california civil code §1542, you hereby waive such provisions or protections.

INDEMNIFICATION.

You agree to defend, indemnify, and hold us harmless, including any of our subsidiaries, agents, or affiliates and our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any 3rd party due to or arising out of the following:

-Our content;

-Use of the website or any of our services;

-Not able to use the website or any of our services;

-Any breach of this Agreement;

-Any beach of representations and warranties set forth in this Agreement;

-Any violation of the rights of a 3rd party, including but not limited to intellectual property rights; and

-Any overt harmful act toward any other user of the website or its services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We agree to use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

CLASS ACTION WAIVER

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under this Agreement or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

WAIVER OF JURY TRIAL

Each party irrevocably and unconditionally waives any right it may have to a trial by jury for any legal action arising out of or relating to this Agreement or the transactions contemplated hereby.

LIMITATION OF TIME TO FILE CLAIMS

Any action, claim or dispute you have against us must be filed within one year. To the extent permitted by law, any claim or dispute under this Agreement must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.

NOTICES.

Except as explicitly stated otherwise, any notices sent to us must be sent to support@portalassistant.com. Any notices sent to you regarding any communication that must be sent in accordance with this Agreement will be sent to the e-mail registered to any account created on the website.

BUSINESS ASSOCIATE ADDENDUM.

The business associate addendum can be found at the following URL: https://portalassistant.com/baa.

ELECTRONIC MEANS.

When accessing the website or any of its services, sending e-mails, online forms, esignatures, or any disclosures,type or kind of electronic records or communication, you consent that all agreements, notices, and other communications we provide to you in such manner satisfies any legal requirement that such communication should be in writing. You hereby agree that the use of such electronic means will be regarded as sufficient and be viewed as the same as its physical counterpart. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.