Terms of Use

Welcome to the VARportal community. Before you can begin using our service you must agree to the Terms of Use Agreement below. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access our service.

VARportal LLC Terms of Use Agreement

VARportal LLC is a business networking service that allows Members to create unique business and personal profiles online in order to locate, communicate and collaborate with other members of the business community. The services offered by VARportal LLC ("VARportal" or "we") include the VARportal LLC website (the "VARportal Website"), the VARportal LLC Internet messaging service, and any other features, content, or applications offered from time to time by VARportal LLC in connection with the VARportal Website (collectively, the "VARportal Services"). The VARportal Services are hosted in the U.S.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the VARportal Services. By using the VARportal Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the VARportal Website) or you are a "Member" (which means that you have registered with VARportal LLC). The term "User" refers to a Visitor or a Member. You are only authorized to use the VARportal Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the VARportal Website and discontinue use of the VARportal Services immediately. If you wish to become a Member, communicate with other Members and make use of the VARportal Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes VARportal LLC's policy for acceptable use of the VARportal Services posted on the VARportal Website, your rights, obligations and restrictions regarding your use of the VARportal Services and VARportal LLC's Privacy Policy. In order to participate in certain VARportal Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the VARportal Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@varportal.com.

VARportal LLC may modify this Agreement from time to time and such modification shall be effective upon posting by VARportal LLC on the VARportal Website. You agree to be bound to any changes to this Agreement when you use the VARportal Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on VARportal LLC and that you provide to other Users. Your VARportal LLC profile may not include the following items: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other VARportal LLC Members (for instance, in their Profiles) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and VARportal LLC assumes no responsibility or liability for this material. If you become aware of misuse of the VARportal Services by any person, please contact VARportal or click on the "Report Inappropriate Use" link on the left side of any VARportal LLC page.

VARportal LLC reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the VARportal Services at any time, for any or no reason, with or without prior notice, and without liability.  VARportal expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of VARportal Services if VARportal determines, in its sole discretion, that you pose a threat to VARportal and/or its Users.

  1. Eligibility. Use of and Membership in the VARportal Services is void where prohibited. By using the VARportal Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 17 years of age or older; and (d) your use of the VARportal Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 17 years of age.
  2. Term. This Agreement shall remain in full force and effect while you use the VARportal Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. VARportal LLC may terminate your Membership at any time, without advance notice. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
  3. Fees. You acknowledge that VARportal LLC reserves the right to charge for the VARportal Services and to change its fees from time to time in its discretion. If VARportal LLC terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
  4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify VARportal LLC immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
  5. Use by Members. The VARportal Services are for the business use of Members only and may not be used in connection with any commercial endeavors except those that are specifically provided by VARportal LLC. Illegal and/or unauthorized use of the VARportal Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the VARportal Website is prohibited. Unauthorized use may result in the removal of a Member's profile without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the VARportal Services.
  6. Review and Ratings System. The VARportal Services use a Review and Ratings System which is available to all members of the VARportal Service. Members use the Review and Ratings System to post their opinion and experience with individual or company members of the VARportal Services. Any member may refer to the Reviews and Ratings posted to a member's profile. All membership in the VARportal Service is subject to this Review and Ratings System. Members posting Reviews or Ratings may choose whether or not to have their Member ID quoted with their Review and Rating. In addition, the Reviewing member, through a “Communications” setting on the Review, can elect or not elect to be contacted regarding their Review.
  • Proprietary Rights in Content on VARportal LLC.
    1. VARportal LLC does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the VARportal Services. After posting your Content to the VARportal Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the VARportal Services, you hereby grant to VARportal LLC a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the VARportal Services.
    2. Without this license, VARportal LLC would be unable to provide the VARportal Services. For example, without the right to modify Member Content, VARportal LLC would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, VARportal LLC could not allow Users to listen to music posted by Members. The license you grant to VARportal LLC is non-exclusive (meaning you are free to license your Content to anyone else in addition to VARportal LLC), fully-paid and royalty-free (meaning that VARportal LLC is not required to pay you for the use on the VARportal Services of the Content that you post), sublicensable (so that VARportal LLC is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the VARportal Services), and worldwide (because the Internet and the VARportal Services are global in reach). This license will terminate at the time you remove your Content from the VARportal Services. The license does not grant VARportal LLC the right to sell your Content, nor does the license grant VARportal LLC the right to distribute your Content outside of the VARportal Services.
    3. You represent and warrant that: (i) you own the Content posted by you on or through the VARportal Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the VARportal Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the VARportal Services.
    4. The VARportal Services contain Content of VARportal LLC ("VARportal LLC Content"). VARportal LLC Content is protected by copyright, trademark, patent, trade secret and other laws, and VARportal LLC owns and retains all rights in the VARportal LLC Content and the VARportal Services. VARportal LLC hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the VARportal LLC. Content (excluding any software code) solely for your personal use in connection with viewing the VARportal Website and using the VARportal Services.
    5. The VARportal Services contain Content of Users and other VARportal LLC licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the VARportal Services.
    6. Content Posted.
      1. VARportal LLC may delete any Content that in the sole judgment of VARportal LLC violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. VARportal LLC assumes no responsibility for monitoring the VARportal Services for inappropriate Content or conduct. If at any time VARportal LLC chooses, in its sole discretion, to monitor the VARportal Services, VARportal LLC nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
      2. You are solely responsible for the Content that you post on or through any of the VARportal Services, and any material or information that you transmit to other Members and for your interactions with other Users. VARportal LLC does not endorse and has no control over the Content. Content is not necessarily reviewed by VARportal LLC prior to posting and does not necessarily reflect the opinions or policies of VARportal LLC. VARportal LLC makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any opinions, material or information that you transmit to other Members.
      3. Reviews and Ratings that you post on or through any of the VARportal Services, are solely based on your true and honest opinion and experience with the party you are reviewing or rating. VARportal LLC does not endorse and has no control over the review and rating content. Review and rating content is not necessarily reviewed by VARportal LLC prior to posting and does not necessarily reflect the opinions or policies of VARportal LLC. VARportal LLC makes no warranties, express or implied, as to the review and rating content or to the accuracy and reliability of the review and rating content.
    7. Content Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the VARportal Services. VARportal LLC reserves the right to investigate and take appropriate legal action against anyone who, in VARportal LLC's sole discretion, violates this provision, including without limitation, removing the offending communication from the VARportal Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of VARportal LLC:
      1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
      2. harasses or advocates harassment of another person;
      3. exploits people in a sexual or violent manner;
      4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
      5. solicits personal information from anyone under 18;
      6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
      7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
      8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
      9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
      10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
      11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
      12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
      13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
      14. includes a photograph of another person that you have posted without that person's consent; or
    8. Activity Prohibited The following is a partial list of the kind of activity that is illegal or prohibited on the VARportal Website and through your use of the VARportal Services. VARportal LLC reserves the right to investigate and take appropriate legal action against anyone who, in VARportal LLC's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
      1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
      2. advertising to, or solicitation of, any Member to buy or sell any products or services through the VARportal Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the VARportal Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, VARportal LLC reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which VARportal LLC deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the VARportal Services, you acknowledge that you will have caused substantial harm to VARportal LLC, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay VARportal LLC $50 for each such unsolicited email or other unsolicited communication you send through the VARportal Services;
      3. covering or obscuring the banner advertisements on your personal profile page, or any VARportal LLC page via HTML/CSS or any other means;
      4. any automated use of the system, such as using scripts to add friends or send comments or messages;
      5. interfering with, disrupting, or creating an undue burden on the VARportal Services or the networks or services connected to the VARportal Services;
      6. attempting to impersonate another Member or person;
      7. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
      8. selling or otherwise transferring your profile;
      9. using any information obtained from the VARportal Services in order to harass, abuse, or harm another person;
      10. displaying an advertisement on your personal profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the VARportal Services on behalf of that person, such as placing commercial content on your personal profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose; or
      11. using the VARportal Services in a manner inconsistent with any and all applicable laws and regulations.
    9. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of VARportal LLC to terminate Membership privileges of any Member who infringes the copyright rights of others upon receipt of proper notification to VARportal LLC by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the VARportal Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the VARportal Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. VARportal LLC's Copyright Agent for notice of claims of copyright infringement can be reached as follows: O'Donnell Fox Agent, VARportal LLC, 880 Third Ave., New York, NY; Facsimile: (212) 319-3597; Attn: Thomas O'Donnell, Copyright Agent; and email: copyrightagent@varportal.com .
    10. Member Disputes. You are solely responsible for your interactions with other VARportal LLC Members. VARportal LLC reserves the right, but has no obligation, to monitor disputes between you and other Members.
    11. Privacy. Use of the VARportal Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
    12. Disclaimers. VARportal LLC is not responsible for any incorrect or inaccurate Content posted on the VARportal Website or in connection with the VARportal Services, whether caused by Users of the VARportal Services or by any of the equipment or programming associated with or utilized in the VARportal Services. Profiles created and posted by Members on the VARportal Website may contain links to other websites. VARportal LLC is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by VARportal LLC. Inclusion of any linked website on the VARportal Services does not imply approval or endorsement of the linked website by VARportal LLC. When you access these third-party sites, you do so at your own risk. VARportal LLC takes no responsibility for third party advertisements which are posted on this VARportal Website or through the VARportal Services, nor does it take any responsibility for the goods or services provided by its advertisers. VARportal LLC is not responsible for the conduct, whether online or offline, of any User of the VARportal Services. VARportal LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. VARportal LLC is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the VARportal Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the VARportal Services. Under no circumstances shall VARportal LLC be responsible for any loss or damage, including personal injury or death, resulting from use of the VARportal Services, attendance at a VARportal LLC event, from any Content posted on or through the VARportal Services, or from the conduct of any Users of the VARportal Services, whether online or offline. The VARportal Services are provided "AS-IS" and as available and VARportal LLC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. VARportal LLC cannot guarantee and does not promise any specific results from use of the VARportal Services.
    13. Limitation on Liability. IN NO EVENT SHALL VARportal LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF VARportal LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, VARportal LLC'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO VARportal LLC FOR THE VARportal SERVICES DURING THE TERM OF MEMBERSHIP.
    14. U.S. Export Controls. Software available in connection with the VARportal Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the VARportal Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
    15. Disputes. If there is any dispute about or involving the VARportal Services, you agree that the dispute shall be governed by the laws of the State of Massachusetts, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Massachusetts. Either VARportal LLC or you may demand that any dispute between VARportal LLC and you about or involving the VARportal Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Boston, MA, USA, provided that the foregoing shall not prevent VARportal LLC from seeking injunctive relief in a court of competent jurisdiction.
    16. Indemnity. You agree to indemnify and hold VARportal LLC, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the VARportal Services in violation of this Agreement and/or arising from a breach of this Agreement or arising out of any claim of copyright, patent or trademark infringement, and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the VARportal Website or through the VARportal Services causes VARportal LLC to be liable to another.
    17. Other. This Agreement is accepted upon your use of the VARportal Website or any of the VARportal Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and VARportal LLC regarding the use of the VARportal Services. The failure of VARportal LLC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. VARportal is a trademark of VARportal LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

    Please contact us at: VARportal with any questions regarding this Agreement.