The PFSC Site is owned and operated by Portfolio Financial Servicing Company (“PFSC”). The terms “We”, “PFSC” and “Us” shall refer to Portfolio Financial Servicing Company while the term “You” means you and the company or entity which you represent.
License/Ownership of Content
The PFSC Site, including all of its contents, including but not limited to text, images, and the HTML or other code used to generate the pages (“Materials”), are PFSC property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this PFSC Site in whole or in part, for any public or commercial purpose without the specific written permission of PFSC. We grant you a personal, non-exclusive, non-transferable license to access the PFSC Site and to view the information contained here.
Modifications to the PFSC Site
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the PFSC Site, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials, features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the PFSC Site or restrict your access to part, or all, of the PFSC Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
Violations of system or network security may result in civil or criminal liability. PFSC will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the PFSC Site, including, without limitation, the following:
- Accessing data not intended for such user or logging into a server or account which user is not authorized to access; or
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the PFSC Site, overloading, “flooding”, or “crashing”, or sending unsolicited e-mail, including promotions and/or advertising of products or services; or
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or
- Impersonating another person; or
- Transmitting or transferring (by any means) information or software derived from the PFSC Site to foreign countries or certain foreign nations in violation of US export control laws; or
- Attempting to interfere in any way with the PFSC Site or PFSC’s networks or network security, or attempting to use the PFSC Site’s service to gain unauthorized access to any other computer system.
Links to Other Sites
You may be able to link to third party websites (“Linked Sites”) from the PFSC Site that are not controlled or maintained by PFSC. Such Linked Sites are provided solely for your convenience as pointers to information that may be useful to users of the PFSC Site. PFSC has no control over the content posted on any such Linked Sites. PFSC makes no warranties, either express or implied, concerning the content of any such Linked Site including, without limitation, the accuracy, completeness, reliability or suitability, thereof for any particular purpose, nor does PFSC warrant that such Linked Site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such Linked Site or content is free from defects, viruses or other destructive or disabling devices. Inclusion of a Linked Site on the PFSC Site does not imply PFSC’s endorsement of or responsibility for the opinions, ideas, products, information or services offered at such Linked Sites, or any representation regarding the content at such Linked Sites. It is your responsibility to comply with the appropriate terms of service of the Linked Sites as well as any other obligations under copyright, secrecy, privacy, security and export laws related to the use of such Linked Sites. PFSC reserve the right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites.
We control the PFSC Site from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the PFSC Site are appropriate or available for use in other locations. Persons who choose to access the PFSC Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree to comply with all applicable laws, rules and regulations in connection with your use of the PFSC Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical or confidential data exported from the United States or the country in which you reside.
Interruptions to Service
You acknowledge and agree that PFSC is providing you access to the PFSC Site free of any additional charge. As a result, PFSC shall not be liable to you due to any interruption in service due to scheduled or unscheduled maintenance, bug fixes, repairs, server outages or similar interruptions to the PFSC Site which may limit or prohibit your access to the PFSC Site. In the event of such an occurrence, PFSC will use commercially reasonable efforts to restore access to the PFSC Site, but cannot guarantee that such access will be restored in a timely manner, if at all.
User Submitted Information
You are responsible for anything you transmit to or through the PFSC Site or to us through email, and you acknowledge that any such transmissions will be truthful, accurate, not misleading, offered in good faith and that you have authority to transmit such information. You must not transmit anything to or through the PFSC Site that you consider to be confidential or proprietary. Anything that you transmit to or through the PFSC Site will not be considered to be confidential or proprietary. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas. Please be advised that communications you send to us by e-mail or through the PFSC Site may be intercepted by third parties who may be under no obligation to keep such communications confidential. PFSC shall not be liable to any party as a result of a third party’s intentional or unintentional breach or interception of communications between us and you.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT:
THE PFSC SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PFSC DOES NOT WARRANT THAT THE PFSC SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. PFSC MAKES NO WARRANTY THAT THE PFSC SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE PFSC SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE PFSC SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE PFSC SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PFSC SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. PFSC DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE PFSC SITE. PFSC IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF PFSC.
Limitation of Liability
IN NO EVENT SHALL PFSC, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE PFSC SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO UNDER ANY THEORY OF LIABILITY WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF PFSC OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PFSC AND/OR ITS OWNERS, OPERATORS, EMPLOYEES, CONSULTANTS AND OTHER AGENTS SHALL NOT BE LIABLE FOR ANY LOSS, COSTS, DAMAGE OF EXPENSE (INCLUDING REASONABLE ATTORNEY’S FEES) INCURRED BY YOU AS A RESULT OF ANY SERVICES PROVIDED BY PFSC AND/OR ITS AFFILIATES INCLUDING, WITHOUT LIMITATION, ANY TECHNICAL MALFUNCTION, COMPUTER ERROR, LOSS OF DATA, DELAY IN OPERATION, COMPUTER VIRUSES, COMMUNICATION LINE FAILURE, DESTRUCTION OR UNAUTHORIZED USE OR ACCESS TO ANY WEBSITES OR RECORDS, OR OTHER INJURY, DAMAGE OR DISRUPTION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF PFSC TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE PFSC SITE EXCEED, IN THE AGGREGATE, $50.00.