Terms & Conditions of Use

 These Terms and Conditions of Use are only applicable to the website managed and maintained by Port Sandz located in Newport Beach, California, consisting of Port Sandz entities or affiliated companies. This web site, including any portion of this web site accessible through the homepage, (collectively, the "Site") is published and maintained by Port Sandz and its subsidiaries, affiliates and/or related entities and may be hosted through a third-party company or party. This document is a legal contract, and by accessing, browsing, or using the Port Sandz website you agree to be bound, without limitation or qualification, to the ("Terms of Use") set forth below.

Please note that these "Terms" do not apply to any Port Sandz website or it's group of companies and affiliates residing outside of the USA. 

Port Sandz reserves the right to modify, change, alter or otherwise edit these Terms of Use at any time by updating this posting. By continuing to use the Site after Port Sandz publishes any updates or changes, you agree to be bound by such modifications. Port Sandz recommends that you periodically visit this page to review the then current and updated Terms of Use. If you do not agree to these Terms of Use, or to any modification thereof, you are not authorized to use the Site.

USE OF THE SITE

This Site is only for informational purposes. As long as you comply with these Terms of Use, Port Sandz grants you a non-exclusive, non-transferable, non-sub licensable, limited right to enter, display and use the Site. By using the site or downloading materials from the site, you agree to abide by the terms and conditions set forth in this notice. You agree that your use of the Site will comply with applicable laws. In addition, you agree not to take any steps in connection with your use of the Site that could adversely affect Port Sandz, other companies or brands represented on the site, including engaging in or attempting to engage in the following conduct:

  • Interrupting the operation of this Site in any manner whatsoever, including by imposing an unreasonable load on the Site's infrastructure;

  • Deleting or revising any material or other information of any other user, Port Sandz, or any third party;

  • Harvesting or otherwise collecting information about others, including e-mail addresses, or any other information without their consent;

  • Deciphering, decompiling, disassembling, or reverse-engineering any of the software comprising or in any way making up a part, portion or entirety of the Site;

  • Posting advertisements or solicitations of business other than those explicitly approved by Port Sandz;

  • Defeating, investigating, or providing information concerning methods of defeating Site security mechanisms, including by allowing another person to access the Site using credentials issued to you, or by falsifying, deleting, or concealing Internet Protocol header, email sender, or other identifying information;

  • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in Port Sandz's judgment, exposes Port Sandz or any of it’s users, customers, or suppliers to any liability or detriment of any type; or

  • Taking any other action that could endanger or cause damage to Port Sandz, other users of the Site, or other third parties.


Port Sandz may take any action that it deems appropriate if it determines, in its exclusive discretion that you have engaged in any of these practices or otherwise violated these Terms of Use. Such action may include termination of your license to access the Site or initiation of civil or criminal legal proceedings. Under these circumstances, Port Sandz may also investigate your use of the Site and provide information about your use to law enforcement.

If you enter portions of the site that launch those which are known as "microsites" or "sub-sites" or access any of these sub-sites, you hereby agree to the terms and conditions applicable for those sites that are managed and maintained by Port Sandz and would be considered as a supplemental agreement from the original Port Sandz’s site Terms and Conditions. Both Terms of Use and the supplemental Terms will govern your use of the sub-site. In the event of any inconsistency between these Terms of Use and the supplemental Terms, the supplemental Terms of use will control, except that nothing in the supplemental Terms of use may limit (a) Port Sandz’s disclaimer of warranties, (b) your agreement to indemnify Port Sandz, or (c) the licenses you grant to Port Sandz in your Communications or other intellectual property.

All materials on the "Port Sandz Website" are protected by copyright laws, related agreements and other laws (collectively "Copyright Laws") of each country throughout the world. Except for cases permitted in writing by these "Terms" or "Port Sandz Website", you are prohibited from using any material (including duplication, modification, uploading, presentation, transmission, distribution, licensing, sales and publication) by the "Copyright Laws" except for non-commercial and personal purposes. If you want to use any materials on "Port Sandz Website", you need to obtain "Port Sandz's" prior written permission and consent.

These rights regarding individual company names, trademarks, logo marks, product names and service marks used, quoted and/or referenced on "Port Sandz Website" belong to "Port Sandz" or owners of individual rights. You are strictly prohibited from using them, except in cases permitted by trademark laws and other applicable laws.

"Port Sandz" assumes no responsibility regarding the accuracy, currency or usefulness of the information (collectively "Content") provided by "Port Sandz Website".  "Port Sandz" does not take any responsibility for direct or indirect damage due to malfunction of software and hardware of your personal computer, peripheral equipment and network environment caused by your access to the "Port Sandz website", except when required by law.

OUR INTELLECTUAL PROPERTY RIGHTS

Copyright:
All materials on the Site, including but not limited to images, software, audio, text and video clips (the "Content"), are protected by copyright under U.S. copyright law, international conventions and other copyright laws. All Content is owned or licensed by Port Sandz or by its third-party licensors. You may view and download the Content for your own personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the Content or on any copies of the Content. Any unauthorized use of the Content may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not change the Content in any way or reproduce, publicly display, distribute or otherwise use the Content for any public or commercial purpose. Any reproduction of the Content on any other web site or networked computer environment for any purpose is prohibited.

Trademarks:
Port Sandz trademarks, logos, and service marks and those trademarks, logos, and service marks licensed to Port Sandz (collectively, the "Trademarks") displayed on the Site, including, but not limited to the Port Sandz logo, are registered and unregistered marks of Port Sandz. All other trademarks, trade names, product names, service marks and all other non-Port Sandz marks are the property of their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Port Sandz or such third-party that may own other Trademarks displayed on the Site. The absence of a product name, service or trademark, or logo anywhere in the text of this Site does not constitute a waiver of any trademark or other intellectual property rights concerning that name or logo.

USERNAMES AND PASSWORDS

Certain areas of this Site may offer the opportunity to create an account. You will be asked to create a username and password in connection with such an account. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Port Sandz of any unauthorized use of your password or account or any other breach of security that you become aware of. Port Sandz cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

If Port Sandz requests that you provide information about yourself in connection with your creation of an account, you agree that the information that you provide will be entirely truthful and accurate. If the information that you provide to Port Sandz changes, you agree to promptly provide Port Sandz with the updated information.

COMMUNICATION AND TRANSMISSION OF INFORMATION

Internet transmissions are never completely private or secure. You understand that any Communications that you send to this Site may be read or intercepted by others. By sending Communications to Port Sandz, you release Port Sandz of any duty or obligation it might otherwise have to review or act in response to the Communication, and of any duty or obligation that it might otherwise have to you in connection with any action it chooses to take in response to your Communication.

CONTESTS, SWEEPSTAKES AND OTHER PROMOTIONS

This Site may contain contests, sweepstakes or other promotions ("Promotions") that offer prizes or require you to send in material or information about yourself. Each Promotion has its own rules, which you must read and agree to before you may enter. Please also see Port Sandz's Privacy Policy for further information concerning contests, sweepstakes and other promotions administered by Port Sandz.

AVAILABILITY OF PRODUCTS AND SERVICES

The products and services displayed on this Site are intended for sale in the United States only and may not be available for purchase in your particular country or locality. The reference to such products and services in the Site does not imply or warrant that these products or services will be available at any time in your particular location.

SITE INFORMATION REGARDING PORT SANDZ PRODUCTS AND SERVICES, INCLUDING THEIR AVAILABILITY, APPEARANCE, PRICE AND SPECIFICATIONS IS SUBJECT TO CHANGE WITHOUT NOTICE. SUCH INFORMATION DOES NOT CONSTITUTE A REPRESENTATION, WARRANTY OR OTHER COMMITMENT BY PORT SANDZ WITH RESPECT TO ANY PRODUCT OR SERVICE AND PORT SANDZ HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY. MERCHANTABILITY, SUITABILITY FOR ANY PARTICULAR PURPOSE OR COMPLETENESS THEREOF.

DISCLAIMER

YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PORT SANDZ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE, (3) THAT PORT SANDZ WILL CONTINUE TO PROVIDE THE SITE OR, IF IT DOES CONTINUE TO PROVIDE THE SITE, THAT THE SITE WILL CONTINUE TO PROVIDE THE SERVICES IT CURRENTLY PROVIDES OR THAT THE SITE WILL FUNCTION THE WAY THAT IT CURRENTLY DOES; OR (4) THAT ANY OF YOUR COMMUNICATIONS WILL BE RETAINED OR STORED ON THE SITE FOR ANY PARTICULAR AMOUNT OF TIME.

OTHER USERS OF THE SITE MAY SUBMIT COMMUNICATIONS IN A WAY THAT IS PUBLICLY ACCESSIBLE, AND PORT SANDZ CANNOT PREDICT THE COMMUNICATIONS THAT USERS POST. PORT SANDZ THEREFORE DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITE WILL BE APPROPRIATE FOR ANY PARTICULAR AUDIENCE OR THAT YOU WILL NOT BE HARMED BY VIEWING THE CONTENT ON THE SITE. BECAUSE ACCESSING THIS AND ANY WEBSITE HAS INHERENT RISKS, YOU ASSUME ALL LIABILITY AND RISKS ASSOCIATED WITH YOUR DECISION TO ACCESS IT.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO PORT SANDZ 'S NEGLIGENCE OR GROSS NEGLIGENCE, WILL PORT SANDZ, OR ANY OTHER PARTY INVOLVED IN CREATING, HOSTING OR DELIVERING THE SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE, EVEN IF PORT SANDZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

PORT SANDZ DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE GREATEST EXTENT PERMITTED BY LAW. PORT SANDZ ALSO ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, OR FOR ANY LOSS OR CORRUPTION OF DATA ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. NOTWITHSTANDING THE LIMITATION OF LIABILITY CONTAINED HEREIN, IN NO EVENT SHALL PORT SANDZ 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

INDEMNIFICATION

You agree to indemnify, defend and hold Port Sandz and all of its agents, directors, employees, information providers, licensors and licensees, officers and parent, (collectively "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation attorneys' fees and costs), incurred by the Indemnified Parties in connection with your use of the Site or any claim in connection with or resulting from any breach by you of these Terms of Use. You agree to cooperate fully in Port Sandz's defense of any such claim. You agree that Port Sandz shall be entitled to select its own counsel, at your expense, to defend it in connection with any claim subject to indemnification by you. You agree that Port Sandz, and not you, will have control over the defense of any such claim. You further agree that you will not in any event settle any matter involving Port Sandz, whether or not the settlement binds or is on behalf of Port Sandz, without the written consent of Port Sandz.

TERMINATION

Port Sandz may terminate this agreement and/or suspend or terminate your access to the Site for any reason at any time without notice to you. If you wish to discontinue your access to the Site and cancel any account that you have been issued, please refer to the supplemental terms of that particular sub-site or service.

© 2020 Port Sandz