These Terms of Use (“Terms”) govern your access to and use of the Portexa
website, including its public pages, restricted or private areas, blog,
inquiry forms, content, downloads, and related website features
(collectively, the “Website”).
The Website is owned or operated by Portexa, LLC, a California limited
liability company (“Portexa,” “we,” “us,” or “our”).
By accessing or using the Website, you agree to these Terms. If you do not
agree, do not use the Website.
2. Scope of the Website
The Website provides information about rugged computers, portable
workstations, displays, deployable systems, custom computing platforms,
and related products and capabilities.
The Website may allow visitors to:
- review product and technical information;
- access public or authorized private content;
- comment on blog posts;
- contact Portexa; and
- request information, configuration assistance, or a quote.
The Website does not presently process product purchases or payments.
Submitting an inquiry or requesting a quote does not create a purchase
agreement, require Portexa to accept a project, reserve inventory,
establish pricing, or create any other binding obligation.
3. Separate Agreements
Quotes, proposals, purchase orders, statements of work, nondisclosure
agreements, warranties, support terms, and other written agreements may
contain terms different from these Terms.
A separately executed written agreement controls with respect to its
subject matter to the extent it conflicts with these Terms. These Terms
otherwise govern use of the Website.
4. Organizational Use
The Website is primarily intended for businesses, government agencies,
institutions, technical professionals, procurement personnel, and other
commercial or professional users.
If you use the Website on behalf of an organization, you represent that
you are authorized to act for that organization and to bind it to these
Terms.
5. Authorized Private Areas
Restricted or private portions of the Website may be accessed only by
persons expressly authorized by Portexa.
You may not:
-
access or attempt to access a restricted area without authorization;
- use another person’s credentials;
-
disclose credentials or restricted content to an unauthorized person;
- circumvent authentication or security controls; or
-
use private content for any purpose beyond the authorization provided
by Portexa.
Portexa may modify, suspend, or revoke access to any restricted area at
any time.
7. Custom Products and Engineering
Custom and semi-custom products are subject to technical evaluation,
feasibility review, configuration validation, component availability,
commercial terms, and separate written agreements.
Portexa may accept, decline, modify, or discontinue an inquiry, proposed
configuration, product, or project at its discretion.
No statement made through the Website constitutes final engineering
approval or a guarantee of any result.
11. Permitted Use
You may use the Website only for lawful business, informational,
procurement, and product-evaluation purposes.
No right or license is granted except the limited right to access the
Website through an ordinary web browser in accordance with these Terms.
12. Prohibited Use
You may not:
-
violate any applicable law, regulation, sanction, or contractual
obligation;
-
interfere with the Website’s operation, availability, security, or
performance;
-
attempt to gain unauthorized access to the Website or related systems;
-
test, scan, or probe vulnerabilities without Portexa’s prior written
authorization;
- introduce malware, malicious code, or harmful technology;
-
reverse engineer or attempt to derive source code from Website
software;
-
impersonate another person or misrepresent your identity or
affiliation;
- harvest contact information or other data;
-
reproduce, republish, distribute, modify, frame, mirror, or
commercially exploit Website content;
-
use automated means to scrape, extract, copy, or monitor Website
content;
-
use Website content, data, images, or materials to train, develop,
evaluate, fine-tune, ground, or improve an artificial-intelligence or
machine-learning system; or
- assist another person in performing a prohibited act.
13. Search-Engine Indexing Exception
Notwithstanding Section 12, Portexa permits bona fide public search-engine
operators to use automated crawlers solely to index publicly accessible
Website content for the purpose of displaying search results that direct
users to the Website.
This permission:
- does not apply to restricted or private areas;
-
does not permit creation of a competing database or content service;
- does not permit AI or machine-learning training;
-
is subject to applicable
robots.txt instructions and
technical controls; and
- may be limited or revoked by Portexa at any time.
No other automated access is authorized without Portexa’s prior written
permission.
14. Intellectual Property
The Website and its content are owned by, licensed to, or used with
permission by Portexa and its suppliers, licensors, photographers, and
other content providers.
Protected content may include text, product descriptions, photographs,
stock imagery, government or military imagery, graphics, logos,
trademarks, diagrams, datasheets, videos, software, layouts, and design
elements.
Certain images may originate from Unsplash, the Defense Visual
Information Distribution Service, or other third-party sources. Rights in
third-party materials remain with their respective owners or licensors,
and their inclusion does not transfer any ownership rights to you.
Except where applicable law expressly provides otherwise, you may not
download, print, copy, reproduce, modify, publish, distribute, display,
license, sell, create derivative works from, or otherwise exploit Website
content without Portexa’s prior written permission.
All rights not expressly granted are reserved.
15. Export Controls and Sanctions
You must use the Website and its content in compliance with applicable
export-control, import-control, trade-sanction, and economic-sanction laws
and regulations.
You may not access, export, reexport, transfer, disclose, or use Website
information in violation of applicable law or for a prohibited end use,
destination, or party.
Nothing on the Website constitutes authorization to export controlled
products, technology, technical data, or services.
16. Standards, Certifications, and Government References
References to military standards, testing, certifications, regulations,
government requirements, or compliance apply only to the specific
products, configurations, tests, and documentation expressly identified
and validated by Portexa.
A reference to a government agency, military organization, standard,
program, image, facility, or application does not imply endorsement,
sponsorship, approval, affiliation, or procurement by that entity.
17. Third-Party Websites and Services
The Website may link to social-media platforms and other third-party
websites or use third-party services such as Google Analytics, Google
Search Console, SendGrid, and Microsoft 365.
Third parties operate under their own terms and privacy practices. Portexa
does not control and is not responsible for their availability, security,
accuracy, content, products, services, or handling of information.
A link, integration, or reference does not constitute Portexa’s
endorsement of a third party.
18. Privacy
Use of the Website is also subject to the
Portexa Privacy Policy.
The Privacy Policy explains how information may be collected, used,
disclosed, and managed in connection with the Website and its supporting
services.
19. Disclaimer of Warranties
To the fullest extent permitted by law, the Website and all content,
features, materials, and information available through it are provided
“as is” and “as available,” without warranties of any kind.
Portexa disclaims all express, implied, and statutory warranties,
including warranties of merchantability, fitness for a particular
purpose, title, non-infringement, accuracy, completeness, availability,
security, reliability, and error-free operation.
Portexa does not warrant that:
-
the Website will be available, secure, uninterrupted, or error-free;
- defects will be corrected;
- Website content will be complete, current, or accurate;
-
any product or configuration will satisfy a particular requirement; or
- use of the Website will produce any particular result.
You assume all responsibility for decisions made using Website
information.
20. Limitation of Liability
To the fullest extent permitted by law, Portexa and its owners,
affiliates, officers, employees, contractors, representatives,
licensors, and service providers will not be liable for any indirect,
incidental, special, exemplary, punitive, or consequential damages, or
for any loss of profits, revenue, business, opportunity, use, goodwill,
or data, arising from or relating to the Website.
To the fullest extent permitted by law, Portexa’s total aggregate
liability arising from or relating to the Website will not exceed one
hundred U.S. dollars (US $100).
This limitation applies only to claims arising from or relating to the
Website. It does not replace or modify a limitation of liability contained
in a separately executed written agreement with Portexa. Any applicable
separately executed written agreement controls with respect to its subject
matter.
These exclusions and limitations apply regardless of the legal theory
asserted and even if Portexa was advised that damages were possible.
Nothing in these Terms excludes or limits liability that cannot lawfully
be excluded or limited. The limitations in this section do not apply to
Portexa’s fraud, fraudulent misrepresentation, willful misconduct, or
gross negligence.
21. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify,
and hold harmless Portexa and its owners, affiliates, officers, employees,
contractors, representatives, licensors, and service providers from
claims, liabilities, losses, judgments, damages, costs, and expenses,
including reasonable attorneys’ fees, arising from or relating to:
- your violation of these Terms;
- your misuse of the Website;
- your submissions or comments;
- information you disclose without authorization;
- your violation of applicable law; or
-
your infringement or violation of another party’s rights.
Portexa may assume control of the defense of a matter subject to
indemnification, and you agree to cooperate with that defense.
22. Suspension and Termination
Portexa may restrict, suspend, or terminate your access to any portion of
the Website at any time if Portexa believes you violated these Terms,
created a security or operational risk, misused Website content, or acted
contrary to Portexa’s interests or applicable law.
Portexa may also modify, suspend, or discontinue any Website feature
without notice.
Provisions that by their nature should survive termination will remain
effective, including provisions concerning intellectual property,
disclaimers, liability, indemnification, and disputes.
24. Governing Law and Portexa’s Choice of Forum
These Terms and disputes arising from or relating to the Website are
governed by the laws of the State of California, without regard to
conflict-of-law principles.
Except as otherwise provided in a written agreement signed by Portexa,
Portexa may elect, in its discretion, whether a dispute will be resolved
through binding arbitration or through the courts described below.
If Portexa elects arbitration:
-
the arbitration will be administered by the American Arbitration
Association under its applicable Commercial Arbitration Rules;
- the matter will be heard by one arbitrator;
-
the arbitration will take place in San Mateo County, California, unless
the parties agree otherwise in writing;
-
the arbitrator may award any remedy available under applicable law and
these Terms; and
-
judgment on the award may be entered in any court having jurisdiction.
If Portexa does not elect arbitration, each party consents to the
exclusive jurisdiction and venue of the state and federal courts serving
San Mateo County, California.
Either party may seek temporary or injunctive relief in a court of
competent jurisdiction when necessary to protect intellectual property,
confidential information, systems, security, or other rights pending
final resolution.
A separate written agreement signed by Portexa controls over this section
to the extent of a conflict.
25. Changes to These Terms
Portexa may revise these Terms at any time by posting an updated version
with a revised effective or “Last Updated” date.
Changes become effective when posted unless a later date is stated. Your
continued use of the Website after revised Terms become effective
constitutes acceptance of those Terms.
26. Severability
If any provision of these Terms is held invalid, unlawful, or
unenforceable, it will be enforced to the maximum extent permitted by law.
The remaining provisions will remain in effect.
27. No Waiver
Portexa’s failure to enforce any provision does not waive that provision
or its right to enforce it later.
A waiver is effective only when made in writing by an authorized
representative of Portexa.
28. Assignment
You may not assign or transfer your rights or obligations under these
Terms without Portexa’s prior written consent.
Portexa may assign or transfer its rights and obligations in connection
with a merger, acquisition, reorganization, sale of assets, change of
control, or operation of the Website.
29. Entire Agreement
These Terms and the Privacy Policy constitute the entire agreement
concerning use of the Website.
Applicable quotes, proposals, purchase orders, statements of work,
nondisclosure agreements, and other executed written agreements remain
separate and control their respective subject matter.