MyPortal Marketing Terms of Service

DELIVERY OF SERVICES

1. SERVICES

By submitting an Order Form, the Customer hereby agrees to the terms under which the Services are provided.

Your use of the Services is subject to your payment of the set-up fee, as the case may be (the “Fees”). By accepting such Order Form, MyPortal hereby agrees to provide on a best efforts basis those Services during the set-up of marketing services.

Marketing Campaigns have a targeted go live date 30 days after set-up has been charged. This timeline is reliant on customer feedback, approvals and the proper requested assets to be provided to MyPortal. The 30-day timeline could be agreed to be shorter or longer as stipulated in the proposal, 

2. FEES

Set up fee will be billed upon signature and submission of the order form and signature of the agreement.

3. INTELLECTUAL PROPERTY & FEEDBACK

3.1. MyPortal and its licensors retain all right, title, and interest in and to the System, including without limitation all software and source code used to provide the System and all graphics, user interfaces, logos, and trademarks reproduced through the System. This Agreement does not grant Customer any intellectual property license or rights in or to the System or any of its components, except to the limited extent that this Agreement specifically sets forth the same. The Customer recognizes that the System and its components are protected by copyright and other laws.

3.2. Customer will retain ownership of all domains used for their website, as well as logos, Customer Data, and other content uploaded to the System by Customer (“Customer Materials”); provided, however, that Customer hereby grants MyPortal a limited license, during the Term, to use such Customer Materials to provide the Professional Services and the System to Customer. The Customer represents and warrants to MyPortal that it has full right, title, and authority in and to the Customer Materials.

3.3. MyPortal has not agreed to and does not agree to treat as confidential any Feedback (as defined below) that Customer or other Users provide to MyPortal, and nothing in this Agreement or in the parties’ dealings arising out of or related to this Agreement will restrict MyPortal’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting Customer or the Customer’s Client or other User in question. The Customer hereby grants MyPortal a perpetual, irrevocable right and license to exploit Feedback in any and every way. Agreement, “Feedback” refers to any suggestion or idea for improving or otherwise modifying any of MyPortal’s products or services.

3.4. MyPortal shall have the right to collect and analyze data and other information relating to the marketing services, use and performance of various aspects of technologies. MyPortal will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Professional Services and System and for other development, diagnostic and corrective purposes in connection with the marketing services and other MyPortal offerings, and (ii) disclose such data solely in aggregate or other disidentified form in connection with its business.

3.5. Customer authorizes MyPortal to include the name and logo of Customer as a representative customer of MyPortal, including display of the Customer’s name and logo on MyPortal’s website and in its marketing materials, provided that Customer may withdraw this authorization at any time in general or in any particular instance.

4. CONFIDENTIAL INFORMATION

During the Term and at all times thereafter, the Receiving Party shall protect any Confidential Information received from the Disclosing Party: (i) by limiting use and disclosure of the same to its employees, and/or authorized agents or independent contractors to the extent necessary for them to perform the Receiving Party’s obligations in this Agreement; and (ii) by exercising reasonable care to prevent unauthorized use or disclosure, which shall in no event be less than the same degree of care it uses to protect its own information of like importance from unauthorized use or disclosure.

4. TERMINATION

4.1 Either party may terminate this Agreement for the other’s material breach, other than a payment failure, by written notice specifying in detail the nature of the breach, effective in 30 days unless the other party first cures such breach, or effective immediately if the breach is either a payment failure or is not subject to cure. Without limiting MyPortal’s other rights and remedies, MyPortal may suspend or terminate a User’s access to the System at any time, without notice, if MyPortal reasonably concludes such User has conducted itself in a way that is inconsistent with the requirements of this Agreement or in a way that subjects MyPortal to potential liability.

4.2 MyPortal may permanently erase Customer Data if Customer’s account is delinquent, suspended, or terminated for 30 days or more. 

5. CANCELLATION OF SERVICES

5.1. In the case the customer would like to cancel, there must be 30 days written notice. Final payment will be made 30 days after written notice.

5.2. The customer will retain the logo and domain name after cancellation.

5.3. If applicable; The website will be non-accessible 30 days after written notice. The website is hosted with Duda CMS and AWS web servers. In the case of cancellation, the customer will receive a .ZIP folder that contains all HTML and CSS code as well as the images and content of the website.

6. LIMITATION OF LIABILITY

6.1 IN NO EVENT WILL MYPORTAL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR ANY OTHER DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE CONTENT AND SITE FUNCTIONALITY, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, ITS FUNCTIONALITY AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, ITS FUNCTIONALITY, OR THE CONTENT, EVEN IF MYPORTAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE OR MARKETING, ITS FUNCTIONALITY, AND THE CONTENT THEREIN, OR WITH THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND MARKETING.

6.2 IN THE EVENT THAT LAW DOES NOT ALLOW THE EXCLUSIVE OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN SUCH EVENTS, MYPORTAL’S LIABILITY SHALL BE LIMITED TO $1 CANADIAN OR THE MINIMUM ALLOWABLE AMOUNT AS PERMITTED BY LAW. MYPORTAL RESERVES THE RIGHT TO REFUSE LIABILITY OUTSIDE OF JURISDICTIONS IN WHICH IT CAN BE HELD ACCOUNTABLE.

7. INDEMNIFICATION

7.1 The Customer understands and agrees that they are personally responsible for their behaviour on the Site. The customer agrees to indemnify, defend and hold harmless MyPortal, joint ventures, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your use or misuse of the Site and the Content therein, or any violation by you of these Terms of Use.

If you have any questions, please reach out by email to support@myportalmarketing.com