The Portside Truck Sales website (“Site”) is offered to you, the user, conditioned on your acceptance of the terms, conditions and notices contained or incorporated by reference herein and such additional terms and conditions, agreements and notices that may apply to any page or section of the Site.
Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Portside Truck Sales as a result of this agreement or use of this Site. Portside Truck Sales’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Portside Truck Sales’ right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Portside Truck Sales with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement shall continue in effect. This agreement constitutes the entire agreement between the user and Portside Truck Sales with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Portside Truck Sales with respect to this Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Modification of The Site and These Terms and Conditions
Portside Truck Sales reserves the right to change, modify, alter, update or discontinue the terms, conditions and notices under which this Site is offered and the services, features, links, content, information and any other materials offered via this Site at any time and from time to time without notice or further obligation to you except as may be provided therein. By your continued use of the Site following such modifications, alterations or updates, you agree to be bound by such modifications, alterations, or updates.
All content, text, images and other materials on the Site are either owned or licensed by us or by a third party and are protected by U.S. copyright laws and therefore, may not be used except with our express written consent. Unless otherwise agreed in writing by us, you may not copy or display or post any content, text, images or other materials offered via this Site on any network computer, website, bulletin board or any other publicly accessible medium. You must keep intact, and may not remove or alter, any copyright or other proprietary notices on any content, text, images or other materials offered via this Site.
All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to Portside Truck Sales, its affiliates or other respective owners. You may not display or reproduce the Marks other than with the prior written consent of Portside Truck Sales , and you may not remove or otherwise modify any trademark notices from any content, text, images or other materials received through the Site.
Forms, Registration and Passwords
If any of the services, information or materials provided via this Site require you to open an account, register or provide certain information, you agree to complete the account initiation, registration or other process by providing Portside Truck Sales with current, complete and accurate information as requested by any forms. You acknowledge and agree that any login, identifier or password issued in connection with this Site (a “Password”) is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access this Site using such Password. You agree to notify Portside Truck Sales immediately of any unauthorized use of any Password or any other breach of security of which you are aware. You may not use any Password that is not issued directly to you or approved by Portside Truck Sales. You acknowledge and agree that Portside Truck Sales, in its sole discretion, may suspend or discontinue your, and refuse any and all current and future, access to or use of any portion of this Site at any time without notice to you.
Portside Truck Sales cannot be responsible, and disclaims all liability in connection with, the use of any information that you post or display on this Site. You should use caution when posting any information, including proprietary information and personally identifiable information, to this Site.
Portside Truck Sales has no obligation to monitor this Site or any portion thereof. However, Portside Truck Sales reserves the right to review any content, text, images, files, information or other materials submitted to or posted on this Site, including, without limitation, on the “Testimonials” portion of this Site, and remove, delete, redact or otherwise modify such any content, text, images, files, information or other materials submitted to or posted on this Site, in its sole discretion, at any time and from time to time, without notice or further obligation to you. Portside Truck Sales does not endorse, and you may not rely on, any content, text, images, files, information or other materials submitted to or posted on this Site.
Portside Truck Sales has no obligation to display or post any content, text, images, files, information or other materials provided by you. Portside Truck Sales reserves the right to disclose, at any time and from time to time, any information or any content, text, images, files, information or other materials submitted to or posted on this Site or identifying information of the submitter or poster that Portside Truck Sales deems necessary or appropriate to satisfy any applicable law, regulation, contract obligation, legal or dispute process or government request. Portside Truck Sales shall not have any liability in connection with any content, text, images, files, information or other materials submitted, transmitted via this Site, or displayed on this Site, regardless of whether provided by Portside Truck Sales or any other party.
If any controversy, dispute or claim arising out of or related to your use of this Site arises, the dispute will be resolved exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. However, Portside Truck Sales will have the right to petition a court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to your unauthorized use of Portside Truck Sales’ trademarks, service marks, copyrights, patents, trade secrets or other intellectual property (collectively, the “Intellectual Property”) or any act or omission by you that may impair the goodwill associated with the Intellectual Property.
Personal and Non-Commercial Use Limitation
This Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Site. The content available through this Site is the sole property of Portside Truck Sales or its licensors and is protected by patent, copyright, trademark, trade secret and other intellectual property laws. Except as otherwise explicitly agreed in writing, Portside Truck Sales – owned content received through this Site may be downloaded, displayed, and printed for your personal, non-commercial use only. Content owned by Portside Truck Sales licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this Site to anyone, including but not limited to others in the same company or organization without Portside Truck Sales’ express prior written consent.
Limitation of Liability
NEITHER Portside Truck Sales NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF Portside Truck Sales OR A SUPPLIER 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 OF OR INABILITY TO ACCESS OR USE THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE, REGARDLESS OF WHETHER SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS ARE PROVIDED BY Portside Truck Sales OR ANY THIRD PARTY. FURTHERMORE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, Portside Truck Sales AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, WHETHER PROVIDED OR OWNED BY IT OR THEM OR BY ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, Portside Truck Sales DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND MATERIALS ACCESSIBLE VIA THIS SITE ARE ACCURATE, COMPLETE OR CURRENT, AND YOU MAY NOT RELY ON THE INFORMATION AND MATERIALS ACCESSIBLE VIA THIS SITE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.