This Web site (http://www.portfoliopathway.com, or any replacement site, the “Site”) is operated by Portfolio Pathway, LLC (“Portfolio Pathway”, “we” or “us”) to make our services available to our subscribers and registered users, and to provide the public with information about us and the services we offer, along with other useful information. All access to and use of the Site is governed by and subject to these terms and conditions of use (these “Terms”), except that, if you are a subscriber or registered user of the Site, or if you are accessing the Site on behalf of a subscriber or registered user that has entered into a separate agreement with us, your access to and use of the Site for the purposes of using our services are subject to and governed solely by the terms of the separate agreement that you have (or that the person or entity on whose behalf you are accessing the Site has) entered into with Portfolio Pathway regarding such services (a “Subscriber Agreement”), the terms of which prevail over these Terms for such purposes.
Please read these Terms carefully and thoroughly. By accessing and using the Site, you acknowledge that you have read and understand these Terms and you accept and agree to be bound by these Terms. If you do not agree to these Terms, please do not continue to access and use the Site.
Changes to Terms
As our business and the Internet evolve and grow, we may update and amend these Terms from time to time, whether to change existing terms, as necessary and appropriate, or to incorporate additional terms specific to new or additional features, materials, opportunities, or services that we make available on or through the Site. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. You should view these Terms often to stay informed of changes that may affect you, as your continued use of the Site signifies your continuing consent to be bound by these Terms. We expressly reserve the right to make any changes to these Terms, or to the Site and its content, at any time, without prior notice to you.
Access and Use
In these Terms, “you” refers to an individual accessing the Site, regardless of the particular features, materials, opportunities, or services made available on the Site that he or she chooses to browse, use, or take advantage of. To the extent applicable, “you” also includes the person or entity (your “Principal”), if any, on whose behalf an individual is accessing the Site. You represent and agree that all information that you provide to Portfolio Pathway in connection with your access to and use of the Site shall, at the time of submission, be complete, true, and accurate, to the best of your knowledge, ability, and belief. We reserve the right to refuse, restrict, or discontinue service or access to the Site (or any portions, components, or features of the Site) to you or any other person or entity, or to modify or terminate these Terms, for any reason or for no reason whatsoever, at any time, without notice or liability. Failure to comply with these Terms may, among other things, result in the immediate termination of your access to and use of the Site. The Site is intended for use by persons at least 18 years of age. If you are not 18, please do not continue to access or use the Site.
You are responsible for obtaining (whether from your Principal or from any other persons or entities who may need or otherwise have the right to consent to or approve your access and use of the Site and any of the features, materials, opportunities, and services provided through the Site) all consents and approvals that may be required with regard to your access and use of the Site or with regard to your disclosure of any information that you provide to us in connection with the Site, regardless of whether such consents and approvals are required by law or otherwise. You agree not to use or access features or portions of the Site, or submit or provide to us any information or materials, for which you do not have all required consents and authorizations.
Portfolio Pathway respects the intellectual property rights of others and expects you to do the same. We have expended substantial time, effort, and funds to create the Site and to collect and provide the features, materials, opportunities, and services that are available on or through the Site. You understand that Portfolio Pathway owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the Site and the features, materials, opportunities, and services made available on or through the Site, and all information, text, data, databases, graphics, images, audio and video clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (all of the foregoing, collectively (but expressly excluding any data or content provided by you or other users of the Site), the “Content”). You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and you agree that you acquire no ownership interest by accessing and using the Site and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection, and trade secrets. All such rights are and shall remain the property of Portfolio Pathway or its licensors and content-providers.
Use of Content
Portfolio Pathway grants you a limited, personal license to access and make personal use of the Site and the Content solely for legitimate purposes consistent with the reasonably inferable intended purposes of the Site and the Content. Any other access to or use of the Site or the Content constitutes a violation of these Terms. No business or professional relationship is created in connection with any provision of the Content. The Content is provided exclusively with the understanding that Portfolio Pathway is not thereby engaged in rendering professional advice or services to you. Except as expressly provided for in these Terms, any alteration, modification, reproduction, redistribution, retransmission, redisplay, or other use of any portion of the Site or of the Content in any other manner or for any other purpose constitutes an infringement of our intellectual property and other proprietary rights and is strictly prohibited. Other than as necessary and required to facilitate your personal use of the Site, as described above, you may not reproduce, perform, create derivative works of, republish, upload, post, mirror, archive, retransmit, or redistribute in any way whatsoever any Content or any portion of the Site without the express, prior written permission of Portfolio Pathway. Use of the Content, or any portion thereof, on any other Web site or other networked computer environment is prohibited without the express, prior written permission of Portfolio Pathway. Accessing, using, or copying any portion of the Site or of the Content through the use of bots, spiders, Web crawlers, indexing agents, or other automated devices or mechanisms is strictly prohibited. You agree not to remove or modify any copyright notice, trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by Portfolio Pathway in writing, in no event shall you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose, all or any portion of the Site or the Content or access to or use of the Site or the Content.
Use of Submissions
In connection with your access to and use of the Site and that of any person authorized by you to use the Site, you are responsible for compliance with all applicable laws, regulations, and policies of all relevant jurisdictions. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules regarding online conduct and acceptable content. Specifically, among other things, you agree that in connection with accessing or using the Site you will not:
- restrict or inhibit any other user from using or enjoying the Site;
- represent yourself as another or as a fictitious individual;
- disrupt or interfere with the Site or its operation or availability, or alter or tamper with the Content;
- post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind, including, but not limited to, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation of any applicable jurisdiction;
- post or transmit any information that is invasive of privacy or publicity rights or that violates or infringes in any way upon the rights of others;
- post or transmit any advertisements, solicitations, chain letters, pyramid schemes, or other unsolicited commercial communications, or engage in spamming, flooding, or any denial of service attack;
post or transmit any data or information out of the country in
which you reside in violation of applicable law;
post or transmit any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain encryption software;
- and post or transmit any information or software which contains a virus, trojan horse, worm, adware, malware, pop-up, spider, bot, or other disabling device or harmful component.
The above assurances and commitments by you shall survive termination of these Terms.
For your convenience, certain hyperlinks may be provided on the Site which link to other Web sites that are not under the control of Portfolio Pathway. Portfolio Pathway does not endorse or sponsor such Web sites, and we are not responsible for the availability, accuracy, content, or any other aspect of such Web sites. Portfolio Pathway disclaims all liability for such Web sites, for all access to and use thereof, and for use of the links to such Web sites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of other Web sites, and the offer or purchase of products or services on or through other Web sites, is subject to the terms and conditions of those other Web sites. You agree that you will bring no suit or claim against Portfolio Pathway arising from or based upon your use of, or the offer or purchase of products or services on or through, any other Web sites. Hyperlinks to other Web sites that are provided on the Site do not imply that: (a) Portfolio Pathway is affiliated or associated with any linked sites; (b) Portfolio Pathway is legally authorized to use any trademark, tradename, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of Portfolio Pathway.
Links to the Site
Unless otherwise notified or directed by Portfolio Pathway, you may include a hyperlink on your own Web site to the home page of the Site, provided that you do not: (a) “deep link” to any other page of the Site; (b) “frame” the Site or any Content or otherwise cause the Site or any Content to appear in a window with any other material that does not constitute Content; (c) cause the hyperlink to the Site, or the Site or any Content, to be displayed in any way that is disparaging to Portfolio Pathway or to any affiliate, business partner, or content- or service-provider of Portfolio Pathway; or (d) otherwise imply or state that any type of relationship or special arrangements exist with Portfolio Pathway or with any affiliate of Portfolio Pathway, unless otherwise specifically approved in writing by Portfolio Pathway. You agree that you will promptly remove any hyperlink to the Site upon written request from Portfolio Pathway, at any time and for any reason. In no event will you use Portfolio Pathway’s logo or any other trademark as a hyperlink “button”, or in any other manner, without Portfolio Pathway’s express written consent.
Although Portfolio Pathway strives to make the Site, the Content, and the features, materials, opportunities, and services provided through the Site reasonably helpful, useful, reliable, and current, you understand and agree that (subject to the terms of any applicable Subscriber Agreement) your access to and use of the Site, the Content, and all materials, products, and services available through the Site and Portfolio Pathway are at your own initiative and risk. Portfolio Pathway does not make any promise, covenant, representation, warranty, or guarantee that you or any other user of the Site will obtain any particular or tangible result or achieve any particular goal through the use of the Site or any other product or service in connection with use of the Site. It is your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you access, use, download, or otherwise obtain on or through the Site and Portfolio Pathway are: (a) up-to-date, accurate, complete, reliable, and suitable to and appropriate for the purpose for that you (or, if applicable, your Principal) may desire to use them; and (b) free of viruses and other disabling devices and destructive routines. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN AN APPLICABLE SUBSCRIBER AGREEMENT: (i) THE SITE AND THE CONTENT, AND ALL MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND PORTFOLIO PATHWAY ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED; AND (ii) PORTFOLIO PATHWAY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PORTFOLIO PATHWAY DOES NOT REPRESENT, WARRANT, OR COVENANT THAT THE SITE OR ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR THROUGH PORTFOLIO PATHWAY ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU (OR, IF APPLICABLE, YOUR COMPANY) MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND THE MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND THROUGH PORTFOLIO PATHWAY ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE DOES NOT GUARANTEE ANY GIVEN RESULT AND THAT NONE OF THE INFORMATION OR DATA OBTAINED FROM THE USE OF THE SITE SHOULD BE CONSTRUED AS FINANCIAL ADVICE OR RECOMMENDATIONS.
Limitation of Liability
EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN
AN APPLICABLE SUBSCRIBER AGREEMENT, IN NO EVENT SHALL PORTFOLIO PATHWAY
OR ITS AFFILIATES, CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND SERVICE-PROVIDERS,
OR ANY OF THE MEMBERS, MANGERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES,
AND AGENTS OF ANY OF THE FOREGOING, BE LIABLE TO YOU, YOUR COMPANY, OR
ANY THIRD PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN
CONNECTION WITH: (A) YOUR USE OF, OR RELIANCE ON, THE SITE, THE CONTENT,
OR THE DATA, MATERIALS, PRODUCTS, AND SERVICES ACCESSIBLE ON OR THROUGH THE
SITE OR THROUGH PORTFOLIO PATHWAY; (B) PORTFOLIO PATHWAY’S PERFORMANCE OF
OR FAILURE TO PERFORM ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS; (C)
THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE
OR OF THIRD PARTIES; OR (D) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES
PROVIDED BY THIRD PARTIES. UNDER NO CIRCUMSTANCES (EXCEPT AS EXPRESSLY OTHERWISE
PROVIDED IN AN APPLICABLE SUBSCRIBER AGREEMENT) SHALL PORTFOLIO PATHWAY OR
ITS AFFILIATES, CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND SERVICE-PROVIDERS,
OR ANY OF THE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES,
AND AGENTS OF ANY OF THE FOREGOING, BE LIABLE TO YOU, YOUR COMPANY, OR ANY
THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL,
OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS
OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS
INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION
WITH THESE TERMS, THE USE OF MATERIALS, DATA, PRODUCTS, AND SERVICES AVAILABLE
ON OR THROUGH THE SITE OR THROUGH PORTFOLIO PATHWAY, THE USE, COPYING, OR
DISPLAY OF THE SITE OR THE CONTENT, TRANSMISSION OF INFORMATION OR DATA TO
OR FROM THE SITE OVER THE INTERNET, OR ANY OTHER CAUSE BEYOND THE CONTROL
OF PORTFOLIO PATHWAY, EVEN IF PORTFOLIO PATHWAY WAS ADVISED, KNEW, OR SHOULD
HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A jurisdiction
that does not allow the exclusion or limitation of liability for certain
damages, the liability of PORTFOLIO PATHWAY AND ITS AFFILIATES, CONTRACTORS,
SUPPLIERS, CONTENT-PROVIDERS, AND SERVICE-PROVIDERS, AND THE MEMBERS, MANAGERS,
OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF ALL OF THE
FOREGOING, shall be limited in accordance with THESE TERMS to the fullest
extent permitted by law. Without limiting any of the foregoing (AND EXCEPT
AS EXPRESSLY OTHERWISE PROVIDED IN AN APPLICABLE SUBSCRIBER AGREEMENT), if
PORTFOLIO PATHWAY OR ITS AFFILIATES, CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS,
OR SERVICE-PROVIDERS, OR ANY OF THE MEMBERS, MANAGERS, OFFICERS, DIRECTORS,
EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, is found liable
to you or TO any third party AS A RESULT OF any claims or OTHER matters arising
under or in connection with THESE TERMS, THE SITE, OR YOUR USE OF THE SITE,
PORTFOLIO PATHWAY and such parties’ CUMULATIVE, aggregate, and maximum liability
for all such CLAIMS AND OTHER matters in any calendar year shall not exceed
You agree to indemnify, defend, and hold Portfolio Pathway and its affiliates, and the members, managers, officers, directors, employees, agents, and representatives of each of the foregoing, harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys' fees), due to or arising out of content, data, information, other materials that you submit, post to, or transmit through the Site, your access to or use of the Content, the Site, and other materials, products, and services available on or through the Site and Portfolio Pathway, your violation of these Terms, or your violation of any rights of another. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.
Our electronically or otherwise properly stored copy of these Terms shall be deemed to be the true, complete, valid, authentic, and enforceable copy of these Terms, and you agree that you shall not contest the admissibility or enforceability of Portfolio Pathway’s copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms. Except as expressly provided for herein, these Terms do not confer any rights, remedies, or benefits upon any person other than you and Portfolio Pathway. Portfolio Pathway may assign its rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without the prior written consent of Portfolio Pathway. These Terms shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. Should any provision of these Terms be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions hereof shall not be affected. You are responsible for complying with any applicable laws and regulations of any jurisdiction from which you are accessing the Site and any other jurisdiction whose laws apply to you or your actions. You agree that you will not access or use the Site, the Content, or any other information or materials on the Site in violation of the aforementioned laws and regulations or these Terms.
The Site is maintained, operated, and controlled by or on behalf of Portfolio
Pathway in the State of Illinois, in the United States of America. These
Terms shall be governed by and construed under the laws of the State of Illinois,
without regard to conflicts of law principles or rules. Any claim or action
brought by you that arises out of or relates to these Terms and your access
to and use of the Site or the Content must be commenced within one year after
the cause of action arises. You and Portfolio Pathway each hereby expressly
consent and irrevocably submit to the exclusive jurisdiction of the state
and federal courts located in Cook County, Illinois for resolution of any
matters related to interpretation, construction, or enforcement of these
Terms or otherwise in connection with these Terms or the
herein, or (subject to any applicable Subscriber Agreement) otherwise related
to or in connection with your access to and use of the Site, the Content,
and the materials and services available on or through the Site or through
Portfolio Pathway. You and Portfolio Pathway each expressly waive any claim
that venue is improper for any reason in these courts for such matters.
Questions Regarding the Site or these Terms
If you have any questions or suggestions about Portfolio Pathway, the Site, these Terms, or our products or services, please contact us at the numbers or addresses given below.
Portfolio Pathway, LLC
Attn: Dave Miller
4355 Weaver Pkwy, Suite 210
Warrenville, IL 60555