Portland Marketing Analytics, LLC — Last updated 2026
These Terms of Use constitute a legally binding agreement made between you and Portland Marketing Analytics, LLC, doing business as PortMA. The company is registered in Maine at 400 Congress Street #15044, Portland, ME 04112-5044. Users must agree to all terms before accessing the site. IF YOU DO NOT AGREE WITH ALL THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE. The company reserves the right to modify terms at any time, with updates noted by changing the "Last updated" date. Continued use of the site indicates acceptance of any revised terms. The site is not intended for distribution in jurisdictions where it would violate local laws. The site does not comply with industry-specific regulations like HIPAA or FISMA. Users cannot violate the Gramm-Leach-Bliley Act through site use. The site is restricted to users 18 years or older.
All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site are owned or controlled by us or licensed to us. The content and marks are protected by copyright and trademark laws. Content is provided "AS IS" for personal use only. Users cannot copy, reproduce, or exploit site content for commercial purposes without express written permission. Eligible users receive a limited license to access and download content for personal, non-commercial use only. The company retains all rights not explicitly granted to users.
Users represent that they have legal capacity and agree to the terms. Users confirm they are not minors in their jurisdiction and will not access the site through automated means like bots or scripts. Users certify they will not use the site for illegal purposes and that their use complies with applicable laws. Providing false or inaccurate information may result in account suspension or termination and permanent site access denial.
You may not access or use the Site for any purpose other than that we make available. Users cannot systematically retrieve data to create databases without permission. Prohibited activities include deceiving other users, circumventing security features, harassing others, and using site information to abuse or harm people. Users cannot misuse support services or submit false abuse reports. Site use must comply with all applicable laws and regulations. Unauthorized framing, linking, or uploading viruses is forbidden. Users cannot engage in automated systems, delete copyright notices, or impersonate others. Uploading spyware or passive collection mechanisms is prohibited. Users cannot interfere with site operations or harass employees. Bypassing access restrictions, copying software, or reverse engineering is not allowed. Users cannot use buying agents, create false accounts, or compete with PortMA using the site.
The Site does not offer users to submit or post content. However, the company may provide opportunities for users to create and submit contributions including text, video, audio, and photographs. Users warrant that contributions do not infringe third-party intellectual property rights and that they own or have licenses for all content. Users confirm they have consent from identifiable individuals in contributions. Users guarantee contributions are not false, misleading, unsolicited advertising, or contain spam. Contributions cannot be obscene, violent, harassing, libelous, or disparaging. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. Contributions cannot harass, threaten, or promote violence. They must not violate laws, privacy rights, or child protection regulations. Contributions cannot include offensive comments about race, origin, gender, preference, or handicap. Violations may result in account termination or suspension.
Users agree the company may access, process, and use provided information following the terms of the Privacy Policy and your choices. The company can use feedback for any purpose without compensation. Users retain full ownership of contributions and associated intellectual property rights. The company assumes no liability for contribution statements. Users are solely responsible for their contributions and agree not to pursue legal action against the company regarding them.
Any questions, comments, suggestions, ideas, feedback, or other information regarding the Site provided by you to us are non-confidential and shall become our sole property. The company gains exclusive intellectual property rights and unrestricted use of submissions without acknowledgment or compensation. Users waive moral rights and warrant submissions are original or that they have rights to submit them. No recourse exists for alleged infringement of proprietary rights in submissions.
The Site may contain links to other websites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video and other content from third parties. Third-party websites and content are not monitored or checked for accuracy. The company is not responsible for third-party websites or content accessed through the site. Links or content do not imply approval or endorsement. Users accessing third-party sites do so at their own risk, and these terms no longer govern. Users should review applicable terms and policies of third-party websites. The company takes no responsibility for third-party purchases and does not endorse products offered by third parties. Users agree to hold the company harmless from harm caused by third-party purchases or interactions.
We reserve the right, but not the obligation, to (1) monitor the Site for violations of these Terms of Use and take appropriate legal action against violators. The company can refuse access, restrict availability, or remove content at its discretion. The company may remove excessive files or content that burdens its systems without notice or liability. The company manages the site to protect its rights and ensure proper functioning.
We care about data privacy and security. Please review our Privacy Policy. Users agree to be bound by the Privacy Policy, which is incorporated into these terms. The site is hosted in the United States. Users accessing from other regions consent to data transfer to and processing in the United States if local laws differ from U.S. law.
Terms remain in effect while users access the site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE deny site access to any person for any reason or no reason, including for breach or violation of law. The company may terminate accounts, delete content, or suspend participation without warning at its sole discretion. Users cannot register new accounts under their name, assumed names, or third-party names after termination. The company reserves the right to pursue legal action, including civil, criminal, and injunctive remedies.
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. The company has no obligation to update site information. The company may modify or discontinue the site without notice. The company is not liable for modification, price changes, suspension, or discontinuance. We cannot guarantee the Site will be available at all times. The company may experience hardware, software, or maintenance issues causing interruptions, delays, or errors. The company can modify or discontinue the site without notice. Users have no recourse for inability to access the site during downtime or discontinuance. The company has no obligation to maintain support or supply updates.
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Maine applicable to agreements made entirely within Maine, without regard to conflict of law principles.
Parties agree to attempt informal negotiation of disputes for at least thirty days before arbitration. Negotiations commence upon written notice from one party to the other.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. Users understand they would normally have court and jury trial rights. Arbitration follows American Arbitration Association Commercial Arbitration Rules and Consumer Rules. Fees and compensation are governed by AAA rules. Arbitration may occur in person, by document, phone, or online. The arbitrator provides a written decision and must follow applicable law. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Cumberland County, Maine. Parties may litigate to compel arbitration, confirm awards, or modify decisions.
If disputes proceed in court, they must be filed in Cumberland County, Maine state or federal courts. Parties consent to jurisdiction and waive personal jurisdiction and forum non-conveniens defenses. The United Nations Convention on Contracts for International Sale of Goods and UCITA are excluded. Disputes must commence within one year of the cause of action. If this provision is found illegal, disputes proceed in appropriate courts listed in this section.
Arbitration is limited to disputes between parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding. Class actions are prohibited. Disputes cannot be brought in representative capacity for the general public or others.
The following disputes are not subject to informal negotiations and arbitration: intellectual property disputes, claims involving theft, piracy, invasion of privacy, or unauthorized use, and requests for injunctive relief. If this provision is found illegal, such disputes are decided by competent courts in the jurisdictions listed above.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions. The company reserves the right to correct errors, inaccuracies, and omissions and update information at any time without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. The company disclaims all warranties, express or implied, including merchantability, fitness for purpose, and non-infringement. The company makes no warranties about content accuracy or completeness of linked websites. WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, personal injury, property damage, unauthorized access to secure servers, personal or financial information breaches, transmission interruptions, bugs, viruses, Trojan horses, or content errors. The company does not warrant, endorse, or assume responsibility for third-party products or services advertised on the site and is not responsible for monitoring transactions between users and third parties. Users should exercise caution and good judgment when making purchases.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, special, or punitive damages, including lost profit, revenue, or data from site use. Liability is limited to amounts paid by users in the six months before the cause of action arises. Some state and international laws do not allow warranty limitations or damage exclusions, so some disclaimers may not apply to all users.
Users agree to defend and indemnify the company, subsidiaries, affiliates, officers, agents, partners, and employees from losses, damages, claims, and demands including attorney fees arising from site use, term violation, breach of representations or warranties, violation of third-party rights, or harmful conduct toward other users. The company reserves the right to assume exclusive defense and control of such matters at user expense. Users must cooperate with the company's defense. The company will attempt to notify users of covered claims.
The company maintains data users transmit for site performance management and usage tracking. Users are solely responsible for transmitted data and site activities. Although we perform regular routine backups of data, you are solely responsible for all data you transmit. The company has no liability for data loss or corruption, and users waive all rights of action for such losses.
Site visits, emails, and form completions constitute electronic communications. Users consent to electronic communications and agree all agreements, notices, and disclosures provided electronically satisfy legal writing requirements. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO THE ELECTRONIC DELIVERY OF NOTICES. Users waive rights under laws requiring original signatures or non-electronic records for payments or credits.
Unsatisfied California users can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, by phone at (800) 952-5210 or (916) 445-1254.
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Failure to enforce rights does not waive them. These terms operate to the fullest extent permissible by law. The company may assign rights and obligations to others. The company is not responsible for delays or failures caused by circumstances beyond reasonable control. If any provision is determined unlawful or unenforceable, it is severed without affecting remaining provisions. No joint venture, partnership, employment, or agency relationship exists. Users agree terms are not construed against the company despite its drafting. Users waive defenses based on electronic form and lack of signed execution.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Portland Marketing Analytics, LLC
400 Congress Street #15044
Portland, ME 04112-5044
United States
Phone: 800.917.9983
info@portma.com
