This is a legal document and creates an Agreement between you, the user, and Portadigit, LLC. You must agree to be bound by the terms and conditions presented herein as a condition precedent to using any of the tools or services provided to you via sites owned by Portadigit, LLC. 

By using any tool or service presented by this site or viewing any element of content present on this site, you signify your acceptance to each term and condition of this Terms of Service. Your taking part in any Portadigit, LLC program is your express indication to Portadigit, LLC that you have read the latest version of this Agreement and agree to be bound by the terms and conditions contained herewith.

These Terms of Service may be modified at any time without notice to you. Consequentially, you agree to be bound by any modifications that take place within the body of this Agreement, and you agree to read this Terms of Service each time that you visit sites owned by Portadigit, LLC, or use any tool or service provided to you by Portadigit, LLC or engage in any program offered to you by Portadigit, LLC.

Rules of Behavior

Portadigit, LLC reserves the right to post user and/or membership rules or guidelines at any time. Any such list of rules or guidelines should be considered by you to be incorporated by reference into the body of this Agreement as if fully set forth herein. Any violation of any of the rules or guidelines that may be posted in the future, including any modifications of such rules or guidelines, will be considered a violation of this Agreement.

You may never engage in any of the following activities:

• Violation of any law, whether civil, criminal, or regulatory in nature, regarding your usage of this site. 

• Violation of copyright law, trademark law, or any other law.

• Engage in sending unsolicited email (“Spam”) or posting “Spam” on any public or private Internet based forum or other communication system.

• Post or distribute via this site any content that is harmful, offensive, indecent (if made available to a general audience), obscene, “hateful,” intolerant, harassing in nature, “cyber-stalking” in nature, defamatory, false, fraudulent or misleading.

• Engage in any action, indirectly or directly, that is harmful to sites owned by Portadigit, LLC or any function thereof. 

Some Specific Rules

Please consult the User Guidelines for all relevant rules of conduct. Here are some of the examples of rules that you must follow to maintain your use and/or membership at this site: 

• The sites owned by Portadigit, LLC are accessible by all age groups. Accordingly, you must ensure that your input (text, numbers, images and all other content) and/or pages accessible through such sites are not marked as being appropriate for all age groups unless your material is essentially “g-rated.” If you have any questions about whether your content should be available to a below 18 years of age audience, please let us know. We will remove all inappropriately marked content and ban all users who, in our sole determination, have attempted to thwart our rating system in bad faith.

• All users and/or members must agree to either the Seller or Buyer Agreement, or both, prior to using any of our tools and services and prior to registering, buying or selling telephone numbers.

• You may not offer to sell any number that you do not own or otherwise legally control (“right to use”).

• You may not commit any fraud or misrepresentation.

• Any offer to sell or agreement to purchase a number constitutes a binding, legal contract. 

• You must agree to arbitrate any dispute between you, as a buyer or a seller, via the Portadigit, LLC approved arbitration service if we provide or facilitate your access to such a service.

• You must use the Portadigit, LLC approved escrow service for all payments in every transaction if we provide or facilitate such a service. 

Intellectual Property

The contents of the sites owned by Portadigit, LLC are protected by United States copyright law and trademark law, the laws of the State of California, and various international treaties and agreements. United States copyright law and patent law may protect various software, programming and scripts in use by Portadigit, LLC. Text, graphics, appearance, visual elements, design, concepts, business models, operational models, databases, collections of links, hyper text markup language (HTML) code, scripts and all products sold and services offered are protected by United States and International Copyright Laws and Treaties, and may not be copied, published, reengineered, decompiled, translated, mirrored, hosted, or otherwise distributed by any means without explicit written permission of Portadigit, LLC.

Trademarks appearing on this site are protected by law and you cannot use any such trademarks in any fashion without the express written permission of the trademark owner. Your “right” to use the sites owned by Portadigit, LLC, and any tools, services or memberships offered is subject to termination by Portadigit, LLC at any time, for any reason, without notice to you. 

Liability

The services, tools, and programs offered by or through the sites owned by Portadigit, LLC are provided on a "as is" basis, and without warranties of any kind either express or implied. Portadigit, LLC hereby disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Portadigit, LLC does not warrant that any material or function presented on this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful elements. Portadigit, LLC does not offer a warranty or make any representations regarding the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, risk of injury to your computer or commercial advantage to you. Applicable law may not allow the exclusion of implied warranties, so such exclusions may not apply to you. 

Under no circumstances, including, but not limited to, negligence, shall Portadigit, LLC be liable for any special or consequential damages that result from the use of, or the inability to use, the tools or services offered to you via this site, even if you have advised Portadigit, LLC of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Portadigit, LLC’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, or any other legal theory, including but not limited to, negligence or otherwise) exceed the amount of One Hundred U.S. Dollars (US$100).

You agree to hold Portadigit, LLC, its employees, directors, officers, investors, partners, affiliates and advertisers harmless and defend from any civil claim of any nature regarding your usage of any of the tools or services provided via this site, or any of the programs or memberships offered by this site.

Confidentiality of Codes, Passwords and Information

You agree to treat as strictly private and confidential any user ID and related password which you may have received required for entry to any Portadigit, LLC tool or service and all information to which you have access through password-protected areas and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever. You are solely responsible for the security of your password. Any loss that you sustain due to a lack of security on your part regarding your codes or passwords is your sole loss to sustain.

Cancellation of Programs, Tools, and Services

Portadigit, LLC may cancel or discontinue any or all of our programs, tools, or services at any time without notice to you.

Jurisdiction/Arbitration

This Agreement will be governed by and construed in accordance with the internal laws of the State of California, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section, all disputes, controversies or claims (except civil wrongs or criminal acts, intentional or otherwise, committed by you) arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Los Angeles, California, before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief.