Last Updated: January 15, 2023
Welcome to porsdispu. These Terms of Service ("Terms") govern your access to and use of the porsdispu website, services, and applications (collectively, the "Services"). Please read these Terms carefully before using our Services. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not access or use our Services.
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any additional terms and conditions that may apply to specific features of our Services. If you are using our Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and in such cases, "you" and "your" will refer to that entity.
We reserve the right to modify these Terms at any time in our sole discretion. Any changes will be effective immediately upon posting the updated Terms on our website. Your continued use of our Services after the posting of revised Terms constitutes your acceptance of such changes. We will make reasonable efforts to notify you of significant changes to these Terms by posting a notice on our website or sending you an email.
You must be at least 18 years of age to use our Services. By using our Services, you represent and warrant that you meet this eligibility requirement. If you are using our Services on behalf of a business, you further represent and warrant that you have the authority to bind that business to these Terms.
Some features of our Services may require you to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to keep this information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
You agree not to use our Services to:
You may have the opportunity to submit content to our Services, such as reviews, comments, or feedback. You retain ownership of any content you submit, but you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with our Services. You represent and warrant that you own or have the necessary rights to grant us this license and that your content does not infringe on the intellectual property rights or other rights of any third party.
We have the right, but not the obligation, to monitor any activity and content associated with our Services. We may investigate any reported violation of our policies or complaints and take any action that we deem appropriate. Such action may include removing or modifying user-submitted content, issuing warnings, suspending or terminating access to our Services, reporting violations to law enforcement authorities, or taking legal action.
If you choose to enroll in our energy supply services, a separate Energy Service Agreement will govern the terms of those services. The Energy Service Agreement will include specific terms about pricing, term lengths, renewals, early termination fees, and other important information. In the event of any conflict between these Terms and an Energy Service Agreement, the terms of the Energy Service Agreement will prevail with respect to the energy supply services.
You agree to provide accurate, current, and complete information about your energy usage, service address, account details, and other information requested during the enrollment process. Providing false or inaccurate information may result in service delays, rejection of your enrollment, or termination of services.
By enrolling in our energy services, you authorize us to act as your agent in coordinating with your local utility company for the provision of energy supply services. This includes obtaining your historical energy usage data and other account information from your utility, enrolling you with the utility, and communicating with the utility regarding your energy supply.
Our Services and their contents, features, and functionality, including but not limited to text, graphics, logos, icons, images, audio clips, software, and the design, selection, and arrangement thereof, are owned by porsdispu, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms do not grant you any rights to use our logos, trademarks, trade names, or service marks without our prior written consent.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your personal, non-commercial use. This license does not include the right to:
Our Services may contain links to third-party websites or services that are not owned or controlled by porsdispu. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PORSDISPU EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PORSDISPU MAKES NO WARRANTY THAT (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS, (B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PORSDISPU, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, OUR SERVICES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO PORSDISPU DURING THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100.00).
You agree to defend, indemnify, and hold harmless porsdispu, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our Services, including, but not limited to, any use of our Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from our Services.
We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use our Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms and your use of our Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or our Services shall be instituted exclusively in the courts of the Province of Ontario, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and porsdispu regarding your use of our Services and supersede all prior and contemporaneous written or oral agreements between you and porsdispu.
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or eliminated if no such modification is possible, and the remaining provisions of these Terms shall remain in full force and effect.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent but may be assigned by us without restriction.
If you have any questions about these Terms, please contact us at:
porsdispu