Terms of Service
Effective as of January 1, 2022.
PortalCX, Inc. and its subdomains and affiliated companies (collectively referred to herein as “We,” “Us,” or “Our”) provides Services through Our application (“App”) and/or website (“Site”) (collectively, ”PortalCX Services” or “Services”). By using the PortalCX Services You expressly agree to the following Terms and Conditions. YOUR USE OF AND ACCESS TO OUR SERVICES IS CONDITIONAL UPON YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS YOU WILL NOT BE PERMITTED TO USE PortalCX SERVICES. THESE TERMS AND CONDITIONS ARE APPLICABLE TO BOTH CONSUMER USERS AS WELL AS COMPANY USERS. Consumer Users and Company Users are referred to collectively as “You” or “Users” throughout this Agreement and all terms and conditions apply equally to them, unless otherwise specifically indicated herein.
PortalCX may alter, change, or modify the terms of this Agreement at any time without any prior notice to You. Any future amendments to this Agreement will be provided to You in the form of PortalCX posting them to the App, Site, or Services. Your continued use of the PortalCX Services will be conditional upon Your acceptance of those terms if and when they are added. If You do not agree with any amendments to this Agreement, You must cease using PortalCX services immediately. Your only recourse in the event You do not accept this Agreement, or any amendments to this Agreement, is to cease using PortalCX services.
Through its Site, App, and other Services PortalCX provides Consumer Users with access to updated information to track the status and progress of other goods and/or services for which the Consumer User has contracted, agreed, and/or arranged for with other parties (“Third Party(ies)” and/or “Company User(s)”). PortalCX, Inc. is not a party to the contracts, agreements, or arrangements between the Consumer User and any Third Party(ies)/Company User(s) with whom the Consumer User has contracted for goods and/or services. PortalCX obtains information from these Third Parties/Company User(s) to provide the Consumer Users with the real-time status and updates on the progress of goods and/or services that are the subject of contract, agreement, or arrangement between the Consumer User and the Third Party/Company User.
By using PortalCX Services, You recognize that PortalCX does not own, is not owned by, nor does it have an affiliate relationship with the Third Parties/Company Users with whom PortalCX has contracted to provide Consumer Users with information through its App and/or Site. The Services offered by PortalCX through its App or Site may change from time to time without prior notice to Users. This includes, but is not limited to, updates to the App or Site, addition or removal of Third Parties/Company Users with whom PortalCX has contracted, addition or removal of services offered, advertising, and/or linking to Third Party/Company User websites or applications.
Any User who creates and/or registers an account on PortalCX’s App or Site agrees and affirms that the information provided during the account creation/registration process is true, accurate, current, and complete. If PortalCX becomes aware that any User has provided false, misleading, or incorrect information during the account creation/registration process, PortalCX reserves the right to cease providing Services, remove the offending User’s account from PortalCX’s App or Site, and seek all applicable remedies against the offending User available to PortalCX in law or equity. This Agreement will remain in full force and effect against You for any unpaid amounts You owe PortalCX, Inc. for using PortalCX Services.
Unless otherwise indicated on the PortalCX App, Site, or Services, all content and services that are made available to Users through the PortalCX App, Site, or Services are the property of PortalCX, Inc., its subdomains, and/or its affiliated companies, and are under the protection of all applicable trademark, copyright, trade secret, patent, and other intellectual property laws. The PortalCX App, Site, Services, logos, trade names, and service marks are trademarks of PortalCX, Inc. and may not be used without prior written permission from PortalCX, Inc.
The PortalCX Services and the content therein may contain links to third-party websites and/or services. By using PortalCX Services You acknowledge that PortalCX is not responsible for the content, materials, agreements, privacy policies, or other conditions applicable to Your visitation and/or use of those third-party websites and/or services. If You open a link to any third-party website and/or service through PortalCX Services, PortalCX will not warn You that You have left PortalCX Services. PortalCX does not monitor, review, warrant, or endorse any materials or content found on any third-party website and/or service whose link is provided in any PortalCX Services. You acknowledge and affirm that Your use of any link to a third-party website and/or service through PortalCX is at Your own risk and that You will indemnify, defend, and hold PortalCX, Inc. and all of its subdomains, affiliates, officers, employees, and agents harmless for any harm or damage (including attorneys fees) that You experience, directly or indirectly, through Your use of such link(s).
Some or all of PortalCX Services may be unavailable to You if You reside or travel outside of the United States. As detailed below, PortalCX makes no warranties, express or implied, about the availability or accuracy of the content of PortalCX Services. You are responsible for compliance with all laws applicable to You.
PortalCX, Inc. may discontinue or modify part or all of the PortalCX Services at any time without any prior notification to You and without any liability to You. In the event Your account is suspended or terminated, PortalCX will not be responsible for refunding any funds of any amount that You previously paid to access the PortalCX Services.
User Obligations and Responsibilities
By using any of the Services provided by PortalCX imposes upon the User—and the User expressly and unequivocally accepts and agrees to—the following non-exclusive obligations and responsibilities:
1. In addition to representing and affirming that You are of legal age in Your jurisdiction of residence to accept and enter into this binding contractual Agreement, You further represent and affirm that You are not barred or otherwise prohibited from using PortalCX Services or otherwise accessing the App or Site under any applicable law.
2. You represent and affirm that You have provided and will continue to provide PortalCX with true, accurate, current, and complete information during the account creation/registration process and that if the information You have provided to PortalCX changes You will promptly update Your account information within a reasonable time, not to exceed thirty (30) days from the day the change occurred. Failure to update Your account with accurate and up-to-date information may result in your account being suspended or removed from PortalCX Services. You further acknowledge that You have no ownership, property interest, or other possessory interest in Your account and that Your account is owned by PortalCX.
3. You acknowledge and affirm that You are responsible for taking all reasonable precautions to maintain Your user ID and password information as confidential. You further acknowledge and affirm that PortalCX, its subdomains, and/or affiliated companies are in no way responsible or liable for any unauthorized use of Your account.
5. You acknowledge and affirm that You will be responsible for all activities on Your account and that You will not allow or authorize any person or entity who is not You (or, for Company Users, any person or entity who is not an authorized employee or agent of the Company User) to use PortalCX Services on Your behalf. You agree that You will immediately notify Us through written communication of any unauthorized use of PortalCX Services, including any unauthorized access to Your account.
6. You acknowledge and affirm that You are prohibited from modifying, copying, distributing, displaying, transferring, transmitted, publishing, marketing, selling, leasing, licensing (or sublicensing), creative derivative works, or otherwise making available to any person or entity any of the PortalCX Services or content of the PortalCX App, Site, or Services. This includes any retrieval of data from any PortalCX Services or content of the PortalCX App, Site, or Services to compile any database, directory, or other index. You agree and affirm that You will not, directly or indirectly, perform or allow to be performed any reverse engineering, reproduction, copying, hacking, decompiling, or any other data-access method to attempt to reveal or obtain any source code, intellectual property, or trade secrets of any part of any PortalCX Services, including, but not limited to, the PortalCX App, Site, and Services. You further agree and affirm that You will not contribute any data, content, or other information to PortalCX Services or interact with PortalCX Services in any way that: (a) would infringe or violate any intellectual property rights of any person or entity, contribute any data; (b) violate the security of any compute network or security encryption codes, including passwords; (c) would violate any laws, regulations, or ordinances; (d) harm the security of Your Account or the Account of any other User; (e) is harmful, obscene, harassing, or defamatory; (f) copes or stores data, including any coding scripts or source code; (g) reverse engineers, or attempts to decompile or otherwise reveal or obtain any source code; (h) attempts to interfere in any way with PortalCX’s business or the business of any Third Party/Company User with whom PortalCX has contracted; (i) places an unreasonable load on the PortalCX Services’ infrastructure; or (j) attempts to improperly or unlawfully obtain User information, including information stored or connected with a User’s Account.
You acknowledge that any attempt by You to do any of the acts in this contractual provision is a direct violation of this Agreement and Our rights. You further acknowledge that any attempt by You to do so may subject You to prosecution and damages to the fullest extent allowed under the laws of the United States.
7. You acknowledge and affirm that You are prohibited from accessing or using PortalCX’s App, Site, or Services—including any content contained therein—for the purpose of developing, whether directly or indirectly, a product or service that is similar and/or competitive to the PortalCX Services.
8. You agree and affirm that at all times while You maintain an Account and/or access to the PortalCX App, Site, or Services and thereafter, neither You nor We, whether directly or indirectly, shall make any false, misleading, negative, or disparaging statements concerning the other. Nothing in this contractual provision shall prohibit You or Us from providing complete and truthful information pursuant to any proper and valid requirement of any governmental body.
9. You acknowledge and affirm that at all times while You maintain an Account and/or access to the PortalCX App, Site, or Services—and for a period of twenty-four (24) months after You last access the PortalCX App, Site, or Services—You will not directly or indirectly solicit, recruit, or communicate with any current or potential PortalCX Users, customers, employees, consultants, or agents to alter or terminate their relationship (including their Account) with PortalCX. You further agree and affirm that PortalCX will be Your exclusive provider or any service and/or software (including any application, website, or widget) that allows You to provide customers with real-time updates on the status and/or progress of goods and/or services for which the customer has contracted with You or an entity affiliated with You. You expressly acknowledge and affirm that any breach of this contractual provision—regardless of whether the breach is actual, material, constructive, partial, anticipatory, or threatened—may result in irreparable harm to PortalCX, Inc. and that monetary damages (including punitive damages) may not provide an adequate remedy. You further acknowledge and recognize that a breach of this contractual provision need not be a material breach for such irreparable harm to occur to PortalCX. As such, should You, directly or indirectly, breach or threaten breach of this contractual provision in any way, PortalCX shall be entitled to seek equitable relief including restraining orders, injunctions, specific performance, and any other equitable remedy available to it under the law and such relief shall not be subject to any requirement to post bond. This equitable relief is in addition to, and not at the exclusion of, all other rights and remedies available to PortalCX under the law.
10. You agree and affirm that at Your expense You will indemnify, defend, and hold PortalCX, Inc., its subdomains, and affiliates harmless against any action, lawsuit, claim, or proceeding—whether at law or in equity—that is brought against Us (inclusive of all officers, directors, employees, and agents of PortalCX, Inc. and its subdomains and affiliates) and arises out of Your involvement and/or participation in PortalCX Services, the use of any of Your trademarks, trade dress, data, or information You have provided to PortalCX in connection with PortalCX Services, or any breach and/or noncompliance with the terms and conditions specified in this Agreement, any documents made part of this Agreement, or any amendments to this Agreement.
11. You acknowledge and agree that You use of PortalCX Services will require that some or all communications between You and PortalCX will use electronic means. You therefore agree and consent to receiving electronic communications, including but not limited to, emails, SMS messages, notices, etc. from PortalCX. These communications may also include legally binding agreements and contracts related to this Agreement and/or Your use of PortalCX Services. You therefore acknowledge and agree that these electronic communications satisfy any legal standard or requirement to be binding upon You and Us.
12. You acknowledge that as part of your use of PortalCX Services, You may be required to upload certain documents containing sensitive and/or personal information. You acknowledge and affirm that PortalCX does not decide what documents You are required to upload as part of Your use of PortalCX services and that the decision about what documents You are required to upload is decided solely by the Company Users with whom PortalCX has contracted. The documents that You are required to upload by Company Users may be stored on PortalCX servers to facilitate their accessibility between Customer and Company Users. If You decide to upload such required documents as part of Your use of PortalCX Services, PortalCX will take reasonable precautions to restrict access to such documents through encryption and single-use-code (or one-time passcode) access. You acknowledge and agree that You choose to upload such required documents at Your own risk. Once the document(s) are uploaded, Customer Users will subsequently be required to enter a single-use code in order to access and view the document(s) they have uploaded. The single-use code will be a number and/or letter combination sent to You at the phone number and/or email You provided to PortalCX as part of your registration to use PortalCX services. You acknowledge and agree that You will take all reasonable steps to safeguard Your personal information and document(s) in order to prevent unauthorized access to such information on PortalCX Services. You further acknowledge and agree that You will indemnify and hold harmless PortalCX (inclusive of its officers, directors, employees, agents, subdomains, and affiliates) for any harm, loss, damage, injury, or claim of any kind that results from unauthorized access to the document(s) and other personal information You upload and/or otherwise provide as part of Your use of PortalCX Services.
13. You acknowledge and agree that Your rights and obligations under this Agreement may not be assigned, delegated, subcontracted, or otherwise transferred to any other person or entity and that any attempt to do so will be null and void and have no legal effect whatsoever, unless prior written consent is obtained from Us.
PortalCX, Inc. owns and retains all rights, titles, and interest in the App, Site, and Services (excluding any specific licensed content and/or software), including the information and content contained therein. You acknowledge and affirm that in Your use of the PortalCX App, Site, and/or Services, PortalCX does not grant You any license—whether express or implied—to any of Our intellectual property, including all content, colors, trademarks, data, source code, trade secrets, etc., or any intellectual property of any Third Parties/Company Users with whom PortalCX has contracted. You acknowledge and affirm that such information and intellectual property is proprietary to PortalCX and constitutes confidential information to be used solely by PortalCX. The PortalCX name, trademarks, trade dress, logos, graphics, designs, headers, service names, button icons, and coding scripts are registered trademarks or trade dress of PortalCX, Inc. and may not be used in connection with any products, services, applications, or websites without prior written permission from PortalCX, Inc.
If You think that the PortalCX Services or any of the content therein has violated Your intellectual property rights, You must submit written communication to: PortalCX, Inc. c/o Legal, 2154 E 700 N, Spanish Fork, UT 84660. The written communication must clearly identify what intellectual property is believed to have been infringed upon, where the intellectual property is located in the PortalCX App, Site, or Services, Your contact information, a clear statement as to why You feel the intellectual property has been infringed upon, a clear statement that the information in the written communication to Us is complete and accurate, identification of the person or entity who owns the intellectual property allegedly infringed upon, and the signature of the person or entity who owns the intellectual property or is authorized to act on behalf of the owner,
PortalCX, Inc. provides no warranties, express or implied, for the services and content made available through PortalCX’s App, Site, or Services. You acknowledge that any use by You, directly or indirectly, of PortalCX’s App, Site, or Services is done solely at Your own risk.
TO THE MAXIMUM EXTENT ALLOWABLE UNDER THE LAW, PortalCX, Inc. DISCLAIMS ALL WARRANTIES IN CONNECTION WITH PortalCX, Inc.’s SERVICES AND CONTENT, WHICH ARE PROVIDED “AS IS” TO ALL USERS, AND FOR WHICH NO WARRANTIES/GUARANTEES ARE MADE FOR: THE ACCURACY OF INFORMATION, THE SAFETY AND/OR OPERATIONAL STATUS OF LINKS TO THIRD-PARTY WEBSITES AND/OR SERVICES, THAT THE PortalCX SERVICES WILL BE UNINTERRUPTED, ADEQUATE, OR FREE FROM ERROR, THAT THE PortalCX SERVICES WILL MEET ANY REQUIREMENTS NOT SPECIFICALLY LISTED IN THIS AGREEMENT, THAT THE USER MAY EXPECT ANY PARTICULAR RESULT FROM THEIR USE OF THE SERVICES, OR THAT THE SERVICES WILL BE FREE FROM MALWARE, VIRUSES, OR FROM CYBER ATTACKS. Our disclaimer of any and all warranties includes warranties of any kind whatsoever, including any express or implied warranties, warranties of merchantability, warranties of non-infringement, or warranties of fitness for a particular purpose. There are some jurisdictions that do not allow for the total exclusion or disclaimer of certain warranties and, as such, the foregoing exclusions and disclaimers may be inapplicable to You.
Limitation of Liability and Indemnification
By creating an Account or otherwise using or accessing the PortalCX Services in any way, You expressly agree to not hold PortalCX, Inc. (inclusive of its officers, directors, employees, agents, subdomains, and affiliates) responsible in any way for any damage, loss, injury, or other claim of any kind (including any direct, indirect, punitive, special, or consequential damages), whether in tort, contract, strict liability, or any other legal or equitable theory regardless of any alleged negligence or knowledge of any alleged defect in PortalCX Services on Our part. This includes You agreeing to not hold PortalCX, Inc. (inclusive of its officers, directors, employees, agents, subdomains, and affiliates) responsible for any loss of business, profits, data, or information arising out of, or in any way connected to, Your use of and/or reliance upon the PortalCX Services. In no event will PortalCX, Inc. be liable to You for more than You have paid to PortalCX, Inc. in the one-month period preceding the alleged occurrence or omission which You claim caused damages, or the amount set by the statute governing Your claim. There are some jurisdictions that do not allow for the total exclusion or disclaimer of liability and, as such, the foregoing exclusions and disclaimers may be inapplicable to You. You agree that the provisions in this section will survive any termination of this Agreement or the cessation of Your access to PortalCX Services.
You further acknowledge and agree to indemnify and hold PortalCX, Inc. (inclusive of its officers, directors, employees, agents, subdomains, and affiliates) harmless for any and all damages, losses, liabilities, and expenses that in any way relate to or arise from (a) Your breach and/or violation of this Agreement; (b) Your violation of any applicable laws, regulations, or ordinances; (c) Your misuse of the PortalCX Services, whether intentional or unintentional; (d) Your violation of Users’ rights, including privacy rights; (e) Your contacts, agreements, or contracts with any other User of PortalCX Services. You agree that the provisions in this section will survive any termination of this Agreement or the cessation of Your access to PortalCX Services.
Dispute Resolution and Governing Law and Forum
PLEASE READ CAREFULLY AS THIS SECTION AFFECTS YOUR ABILITY TO BRING CLAIMS AGAINST US. This Agreement and all claims, issues, and matters arising from or relating to Your use of the PortalCX Services shall be governed by and in accordance with the laws of the State of Delaware and consistent with the Federal Arbitration Act, as described below.
This Agreement is subject to a binding Arbitration Agreement. You and We waive any applicable constitutional or statutory rights to bring suit in a court of law and have a trial in front of a judge or jury of Your peers. You also waive Your right to participate in a class action lawsuit or class-wide arbitration involving any claim that relates to this Agreement or Your use of PortalCX Services. By creating an Account, using, and/or accessing any of the PortalCX Services, You hereby agree to the Arbitration Agreement and acknowledge and agree that any claim that relates in any way to Your use of or access to the PortalCX Services must be resolved through binding arbitration and not in a court of law, except equitable relief for claims of infringement or misuse of intellectual property may be sought in court. You acknowledge and agree that You will not seek recovery of any damages, losses, or expenses in any lawsuit filed in any court of law and that You may solely pursue any claim against PortalCX—whether arising in contract, tort, strict liability, or any other legal theory—in an individual arbitration proceeding, which shall be governed by the Federal Arbitration Act, 9 U.S.C. 1-14 (the “Act”), except that no effect shall be given to any rules or principles for the application of any law other than the state of Delaware. You hereby agree that any claim against PortalCX must be brought (i.e., proper and effective notice of a claim must be received by PortalCX) no later than one (1) year after the date of the act, omission, and/or occurrence that forms the basis of Your claim.
In order to initiate arbitration proceedings, You must first sent written notice of Your desire to arbitrate a claim to PortalCX, Inc. at PortalCX, Inc. c/o Legal, 2154 E 700 N, Spanish Fork, UT 84660. The written notice must contain the following information: (a) sufficient detail and the specific factual allegations that support Your claim to put PortalCX, Inc. on notice of the nature of the allegations in Your complaint; (b) Your current contact information, including name, address, and telephone number; and (c) Your User ID and/or Account ID number that You were provided when registering for PortalCX Services, if applicable. To constitute valid notice, We must receive Your written notice by letter delivered by a nationally recognized overnight delivery service or prepaid first-class mail. You are hereby advised of Your right to be represented by an attorney at arbitration and to confer with an attorney prior to accepting this Agreement and incorporated Arbitration Agreement. The arbitration proceeding will be conducted by JAMS Mediation, Arbitration, and ADR Services and shall be subject to JAMS’s rules, which can be found on their website: https://www.jamsadr.com. In the event that JAMS is unable to conduct arbitration of Your claim, You and We will select an alternative arbitrator. Each party to the arbitration proceeding will be responsible for paying their own arbitration fees, including all administrative, hearing, filing, witness, court reporting, and other fees including attorney’s fees. In the event that the arbitrator deems Your claims frivolous, PortalCX, Inc. reserves the right to seek reasonable attorney’s from You.
You hereby acknowledge and agree that the arbitrator, exclusive of any local, state, or federal court or agency, shall have sole authority to determine the scope and enforceability of this Arbitration Agreement. You further acknowledge and agree that the arbitrator shall have sole authority to resolve any and all disputes that concern the interpretation and applicability of this Arbitration Agreement. Arbitration shall be binding upon You and Us. The arbitrator will make all final and binding decisions based upon the evidence presented at the final hearing. The arbitrator’s decision will be made in writing and indicate, at minimum, a summary of the findings of fact and law that are necessary to support the arbitrator’s decision. Any award by the arbitrator may be entered in a court of competent jurisdiction and is subject to the same limitations used by courts of law, such as statutory limitations on punitive damages. The arbitrator may make any findings on dispositive motions on part or all of a claim at any time prior to or at the final hearing. The arbitrator may make any award on an individual basis for the same damages and/or relief as a court of competent jurisdiction, subject to the terms and conditions in this Agreement between You and Us. The arbitrator is not authorized to modify the powers granted them under this Arbitration Agreement or to make any award merely based upon what the arbitrator thinks is fair or just. The arbitrator’s decision shall also be confidential. Neither You nor We may disclose publicly the terms or amount of the award unless agreed to in writing by the other party or required by law. You may decline this Arbitration Agreement only by sending written notice within thirty (30) days of becoming subject to the terms of this Agreement (i.e., from the date You first create an Account or otherwise access or use the PortalCX Services) to PortalCX, Inc. at PortalCX, Inc. c/o Legal, 2154 E 700 N, Spanish Fork, UT 84660. The written notice must contain the following information: (a) Your current contact information, including name, address, and telephone number; (b) Your User ID and/or Account ID number that You were provided when registering for PortalCX Services, if applicable; and (c) a clear statement that You are opting out of the Arbitration Agreement. Opting out of the Arbitration Agreement has no effect on the other terms and conditions contained in this Agreement, which remain in full force and effect with regard to Your use of and access to the PortalCX Services, nor does it affect any other current or future Arbitration Agreements between You and Us. In the event that this Agreement allows for the litigation of any claim, any litigation against Us that relates in any way to this Agreement or Your use of the PortalCX Services shall be litigated exclusively in the state courts located in Salt Lake City, Utah or the federal courts in the District of Utah. If We do not receive written notice opting out of arbitration from You within thirty (30) days of becoming subject to the terms of this Agreement, You acknowledge and agree that the Arbitration Agreement contained in this Agreement is binding on You.
Any failure by PortalCX, Inc. to enforce a provision of this Agreement on any particular occasion shall not be deemed as a waiver of any rights granted to PortalCX under this Agreement or a nullification of any provision. PortalCX reserves the right to enforce all provisions of this Agreement to their fullest extent at any time. If any provision within this Agreement is deemed invalid or unenforceable all other provisions within this Agreement shall remain in full force and effect.
Electronic execution or acceptance of this Agreement through creation of an Account and/or the access or use of any application or website on which it is displayed shall constitute acceptance of all terms and conditions contained herein and shall have the same legal force and effect as if You had physically signed this Agreement. You further agree to the admissibility of this Agreement and computer records/other electronic evidence in any dispute arising under this Agreement.
No agency relationship, partnership, joint venture, employer-employee, or franchisor-franchisee relationship is intended or created by this Agreement.
This Agreement represents the final and complete agreement between You and PortalCX, Inc. and supersedes all prior discussions or Agreements between the parties, unless otherwise agreed to in writing by both parties.