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Okay, so here is the big one – Our Terms for your perusal and enjoyment.  If you are an aspiring lawyer, you might just really enjoy yourself, but for the rest of us, this is just here at our lawyer’s request.

Our legal name is The Portables Exhibits Systems Ltd. and we are a federally incorporated company in Canada.  We decided to shorten our name to The Portables, because our legal name is a bit of a mouthful.  Whenever you see The Portables on the site, please note we are referring to the legal entity.  We also have a separate Privacy Policy, which is a part of these Terms.

As much as we’d like to meet each of you personally, we know that you’re busy, and that it’s probably not possible. Since there is no way for us to meet personally and sign a contract, these Terms of Use (along with our Privacy Policy) act as the contract between us, and when you use the Site, you are agreeing to these Terms of Use (which should be considered part of this document). So, you should definitely read this thoroughly, and if there is something in these Terms that you don’t agree with, you should not use the Site (our lawyers thought that the last part was so important that they insisted we put it in bold).

Subject to the conditions of these Terms, we grant you a revocable, limited, non-transferable and non-exclusive license to access and use the Site by displaying it on your computer only for the purpose of shopping for items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in writing in advance. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you.

All content of this service and of the Site including, but not limited to, text, graphics, images, video, software, computer code, product designs and production methods and trademarks belong exclusively to The Portables and are protected by Canadian and international copyright laws.  The Portables, ZAP, Network, Exhibiting Made Easy, ROSO, SOLO, Original 8, ALGO, Yello, KADO and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks (together, the “Marks”) of The Portables.  The use of any of our Marks without our express written consent is strictly prohibited.  You may not use our Marks in connection with any product or service that is likely to cause confusion.  You may not use our Marks in any manner that disparages or discredits The Portables.  You may not use our Marks in meta tags without prior written consent.

You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by The Portables in writing. You shall not make commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by The Portables in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders, including, without limitation, cases in which we believe that customer conduct violates applicable law or is harmful to our interests.

Be nice.  You shall not upload to, distribute, or otherwise publish through this Site any content, information, or other material that (i) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (ii) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Canadian or international law; or (iii) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

While we really like the way things are working right now, it is inevitable that we will change some things over time as we learn more about you and how we can best serve you. We reserve the right to change or remove any service, content, products or functionality at any time, without any kind of liability.  Of course feel free to tell us when you don’t like a change because we like to hear when something we do bothers you.  Along the same lines, we also may modify these Terms at any time.  If we do, we will post the new version right here, so it is important that you check back on a regular basis to see whether we’ve made any changes, as you will be agreeing the new Terms by using the Web Site after they have been posted.  These Terms were last modified on March 1, 2014.

Limitation of Liability

As our lawyers like to say:

You agree that your use of the site shall be at your sole risk, and that the site and all content included therein, and products purchased thereby, are provided to you “as is.” To the fullest extent or implied, in connection with the website, your use thereof and the products purchased thereby. The Portables makes no warranties or representations about the accuracy or completeness of the site’s content or any content accessible via the website or products purchased thereby and assumes no liability or responsibility for any errors, mistakes, or inaccuracies of content, personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the website or products purchased thereby, any unauthorized access to or use of The Portables secure servers and/or any and all information stored therein, any interruption or cessation of transmission to or from the website, and/or any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the website by any third party. In no event shall The Portables be liable under contract, tort, strict liability, negligence or other legal theory for any lost profits or special, indirect, incidental, punitive or consequential damages of any kind whatsoever, substitute goods or services (however arising) or for any direct damages in excess of (in the aggregate) $100. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Indemnity

You agree to defend, indemnify and hold harmless The Portables and its subsidiaries, agents, licensors, managers, board members and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party's access and use of the Site with your username, password or other appropriate security code.

Security

The Portables cares about the integrity and security of your personal information. We use industry-standard precautions to safeguard your personal information and we believe that these steps will keep you safe. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Links to Other Web Sites and Services

We choose our friends wisely and we would never intentionally include a link on our Site to any company that we would not want to do business with. That being said, we do not control the companies who may have links from our Site, so we cannot be held responsible for your dealings with any of those companies and you should not consider any link as an endorsement by us of any of those companies.

Prohibited Use

These Terms expressly prohibit certain uses of the Site.  You may not under any condition, without prior written consent by The Portables, use or reuse The Portables product listings, descriptions or prices; mine the Site for data; download, copy, mirror, archive, intercept or redirect content or use or access an unauthorized account or purchase product for resale.  The use of bots, spiders other indexing agents or other devices to copy the Site or to hide your identity when accessing the Site is also strictly prohibited.  You agree you will impose only the load on the site which is necessary for your use in deciding whether to purchase products from us and in purchasing products from us.

Intellectual Property

We respect the intellectual property of others. If you believe that anything posted on the Web Site by another user (or any content for that matter) violates any of your intellectual property rights, please let us know so that we can resolve the issue as quickly as possible.

Your Input

We value your input! There may be times where we give you the opportunity to post your input on the Site (for example in user reviews, comments, etc.). When you post content on our Site it is important to make sure that you own it or have permission to post it and allow us to use it as permitted under these Terms. We trust that you will only post content that you are entitled to post, and you will be responsible for any and all issues that result from your posting that content.

You will continue to own all content that you post on our Site. However, by posting it, you are giving us permission (in legal terms, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sublicenseable) and transferable license) to use that content (including any changes we may make to it) in any way we wish for an unlimited amount of time.  We also have the right to give others those same rights.

We expect all of our users to behave when they submit content to the Site. Feel free to express your opinion, but please refrain from profanity or any kind of offensive communications. We will do our best to make sure that everyone else follows these same ground rules, and we reserve the right to remove or refuse to post any content. However, we can’t be responsible for anything that a user posts on the Site and you shouldn’t take the fact that something is posted on the Site as any kind of endorsement or indication that we agree with whatever opinions are expressed in the posting.

Your Responsibility

Because our Site is available pretty much everywhere, we cannot keep pace with all of the legal requirements that may apply to use the Site in every jurisdiction.  We therefore put the onus on you to ensure that your use of the Site complies with all rules, laws and regulations that are applicable to you.  These Terms are void and use of theportables.com is revoked where use is prohibited.

Conditions of Sales and Payment

Published prices do not include taxes, duties or shipping and may be changed without notice at any time.  Visa, MasterCard, American Express and PayPal are accepted for telephone and web orders.  We are unable to accept cash or personal checks at this time.  Open accounts for business customers are available on approval.  Payment on open accounts is due in full 30 days after shipping.  Discounts and promotions may be modified or revoked by The Portables at any time without notice.

Only one discount or promotional code may be applied to a single order.

Typographical Errors

We will be the first to admit that we are not perfect – like everyone, we make mistakes from time to time. If there are typographical errors in product descriptions, prices or similar information, we will correct them as soon as possible after we discover them. If there is an error in the price of an outstanding order, we will either cancel the order or contact you to find out if you still want the product at the corrected price. If you find after you receive an order that something is not as we described it (or as you thought it would be), remember, you can return it at any time. We also recognize that you will make mistakes from time to time. We are the forgiving sort, but we must reserve the right to refuse service to anyone who we believe is acting in a fraudulent or abusive manner or otherwise not living up to their obligations under these Terms.

Returns, Refunds and Title

You may return any non-custom, non-personalized item purchased from us.  The Portables does not take title to returned items until the point where that product arrives at our distribution center.  At our discretion, we may issue a refund without requiring a return.  In this situation, the customer keeps the title to the refunded item.

Risk of Loss

The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.

International Access

This Site may be accessed from countries other than Canada. This Site may contain products or references to products that are not available outside of Canada and the US. Any such references do not imply that such products will be made available outside Canada and the US. If you access and use this Site outside Canada you are responsible for complying with your local laws and regulations.

Monitoring

The Portables has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. The Portables has no obligation to display or post any content you may submit.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Portables without restriction.

Governing Law

The Portables and our Site are based in lovely Vancouver, British Columbia, Canada (come by and visit us to see where we build all of our great products). Even though you may be accessing the Web Site from somewhere else, these Terms are governed by the laws of BC and in the unlikely event we have any kind of dispute it can be heard only in the courts located in BC.  Also, the fact that the Web Site may be available to users outside of BC should not be interpreted as giving any other Province or country jurisdiction over us.

Arbitration

Any dispute arising from or relating to the subject matter of the Terms shall be finally settled by arbitration in the Province of BC, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of arbitrators. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Any arbitration under this Agreement will take place on an individual basis.  To the fullest extent permitted by applicable law, no claim under these terms of use shall be joined to any other claim, including any claim involving any other current or former user of the web site, and no class action proceedings shall be permitted. In no event shall any claim, action or proceeding by you be instituted more than three (3) years after the cause of action arose. By using the site, you understand and agree that by entering into this agreement, you are waiving the right to trial by jury or to participate in a class action.

Severability

These Terms, together with any amendments and any additional agreements you may enter into with theportables.com, shall constitute the entire agreement between you and The Portables. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

No Waiver

No waiver of any portion of these Terms shall be deemed a further or continuing waiver of such term or any other term, and The Portables failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Our Address

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:

109-3551 Viking Way

Richmond, BC V6V 1W1

Canada

Attention: Director – Client Experience