Purchase Agreement

THIS AGREEMENT IS A CONTRACT BETWEEN YOU THE PURCHASER AND OUR BUSINESS, THE SELLER. BY ELECTING TO PARTICIPATE IN THIS OFFER, YOU ARE ENTERING INTO A CONTRACT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS SET FORTH HEREIN, YOU HAVE THE OPTION TO NOT PARTICIPATE IN THIS OFFER.

YOU, THE PURCHASER, BY ORDERING FROM OUR COMPANY, AUTHORIZE OUR COMPANY, THE SELLER, TO CHARGE YOUR CREDIT CARD FOR YOUR PURCHASE ORDER. 

BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE TERMS AS SET FORTH IN THIS AGREEMENT. THESE TERMS ARE SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS PRIOR TO EVERY USE FOR ANY CHANGES. 

Access To This Site

YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE, FALLS WITHIN THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA) AND IS NOT MONITORED AS DOING SO.

This Agreement (“Agreement”) For Products and Subscriptions (“Product”) is intended to set forth the general terms and conditions pursuant to which our company, Porte Publishing Inc., the Seller (hereinafter referred to as “Company“) agrees to provide Products and/or Subscription Services, for you, the Purchaser (hereinafter referred to as the “Purchaser”).

Our company will provide the Product(s) and Subscription Service(s), subject to the terms and conditions set forth herein. By executing this order, you, the Purchaser, agree to accept the terms of this Agreement.

W I T N E S S E T H:

WHEREAS, Company, is the owner of all rights in and to the Products that Purchaser seeks to Purchase from Company.

WHEREAS, Company has developed and intends to market certain Products to Purchasers.

WHEREAS, Purchaser wishes to have the Company provide Products for the Purchaser, subject to the terms and conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the premises and the mutual covenants of this Agreement, the parties hereto agree as follows:

1. GRANT OF SERVICES

A. Company agrees to provide Products to Purchaser pursuant to the terms and conditions set forth herein.

2. TERM

A. This Agreement and the provisions hereof, except as otherwise provided, shall be in full force and effect commencing on the date Purchaser first places an order with Company (the “Commencement Date”).

B. Purchaser shall have the option to renew this Agreement at the current price rate in effect at the time of sale. During any such renewal term, all terms and conditions of this Agreement will remain in full force and effect. 

3. COMPENSATION

A. In consideration for Company’s performance under this Agreement, Purchaser agrees to pay Company at the current price rate and quantity in effect at the time of sale.

B. All payments due Company shall be made in U.S. funds by credit card unless otherwise specified by Company.

C. Purchaser is purchasing an e-book. Said e-book is a digital publication, read on Purchaser’s computer, and is not a physical publication. 

D. Under this agreement, Purchaser receives a thirty (30) day Free trial to a $14.95 membership program, in which Purchaser receives published articles every 3 days. Said membership program is accessed on the Internet, from Purchaser’s Internet connection. Purchaser must provide their own Internet connection to access the membership area. Said articles are digital publications, read on Purchaser’s computer, and are not physical publications. 

After the initial thirty (30) day Free trial, Purchaser pays an ongoing monthly subscription fee of $14.95 for the Company’s Subscription services and Company provides ongoing membership services, for the duration of the Purchaser‘s subscription. The monthly subscription fee of $14.95 is automatically billed to Purchaser’s credit card monthly, until cancelled by purchaser. Purchaser agrees to cancel by sending an email to support@portepublishing.com, or by the cancellation method provided on Company Web site, at least five (5) days prior to the next billing cycle or at least five (5) days prior to the end of the initial thirty (30) day Free trial period.

E. Purchaser understands and agrees that this monthly subscription fee is not refundable and will not be prorated, for failure to timely cancel.

G. Purchaser agrees to and authorizes automatic recurring billing of the monthly $14.95 Membership Fee to their credit card until cancelled. Purchaser understands and agrees that each automatic recurring billing of the Membership Fee is not refundable and will not be prorated. 

4. INTELLECTUAL PROPERTY RIGHTS

Purchaser acknowledges and agrees that (i) Company’s Marks are and shall remain the sole property of that party; (ii) nothing in the Agreement shall convey to Purchaer any right of ownership in the Company’s Marks; (iii) Purchaser shall not now or in the future contest the validity of the Company’s Marks; and (iv) Purchaser shall not, in any manner take any action that would impair the value of, or goodwill associated with, such Marks. The Purchaser acknowledges and agrees that all use of the Company’s Marks by a party shall inure to the benefit of the party whose Marks are being used.

5. TERMINATION

The following termination rights are in addition to the termination rights that may be provided elsewhere in this Agreement:

Company Right to Terminate. Company shall have the right to terminate this Agreement at any time upon notice to Purchaser for any reason.

6. DISCLAIMERS, LIMITATIONS AND RESERVATIONS

A. EXCEPT AS SET FORTH IN THIS AGREEMENT, COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES PROVIDED THEREUNDER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THROUGH PARTICIPATION IN THIS AGREEMENT.

B. IN NO EVENT SHALL COMPANY BE LIABLE TO THE PURCHASER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR OTHER LOSS ARISING OUT OF OR RESULTING FROM THE AGREEMENT, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OF THE NEGLIGENCE OR OTHER FAULT OF COMPANY AND REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, TORT OR ANY OTHER THEORY OF LIABILITY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL COMPANY BE LIABLE TO THE PURCHASER FOR THE GREATER OF (i) THE CUMULATIVE AMOUNT ACTUALLY PAID TO THE COMPANY.

ONCE COMPNY COMPLETES IS SERVICES, PURCHASER EXPRESSLY UNDERSTANDS AND AGREES THAT COMPANY HAS NO OBLIGATION TO CONTINUE COMPANY SERVICES, MAKE IMPROVEMENTS OR PROVIDE SUPPORT IN ANY MANNER.

C. Company shall remain solely responsible for the operation of the Company services, products and/or Web Site. 

7. CONFIDENTIALITY

A. “Confidential Information” shall mean any confidential technical data, trade secret, know-how or other confidential information, including but not limited to copyrighted information, whether in its publications or otherwise, disclosed by Company hereunder in writing, orally, or by drawing or other form and which shall be marked by the disclosing party as “Confidential” or ”Proprietary, including but not limited to copyrighted information, whether in its publications or otherwise,”. If such information is disclosed orally, or through demonstration, in order to be deemed Confidential Information, it must be specifically designated as being of a confidential nature at the time of disclosure, or be copyrighted information, whether in its publications or otherwise.

B. Notwithstanding the foregoing, Confidential Information shall not include information which: (i) is known to the receiving party at the time of disclosure or becomes known to the receiving party without breach of this Agreement; (ii) is or become publicly known through no wrongful act of the receiving party or any subsidiary of the receiving party; (iii) is rightfully received from a third party without restriction on disclosure; (iv) is independently developed by the receiving party or any of its subsidiary; (v) is furnished to any third party by the disclosing party without restriction on its disclosure; (vi) is approved for release upon a prior written consent of the disclosing party; (vii) is disclosed pursuant to judicial order, requirement of a governmental agency or by operation of law.

C. The receiving party agrees that it will not disclose any Confidential Information, including but not limited to copyrighted information, whether in its publications or otherwise, to any third party and will not use Confidential Information of the disclosing party for any purpose other than for the performance of the rights and obligations hereunder during the term of this Agreement without the prior written consent of the disclosing party. The receiving party further agrees that Confidential Information shall remain the sole property of the disclosing party and that it will take all reasonable precautions to prevent any unauthorized disclosure of Confidential Information by its employees. No license shall be granted by the disclosing party to the receiving party with respect to Confidential Information disclosed hereunder unless otherwise expressly provided herein.

D. Upon the request of the disclosing party, the receiving party will promptly return all Confidential information furnished hereunder and all copies thereof.

E. Any party may disclose information concerning this Agreement as required by the rules, orders, regulations, subpoenas or directives of a court, government or governmental agency, after giving prior notice to the other party.

F. If a party breaches any of its obligations with respect to confidentiality and unauthorized use of Confidential information, including but not limited to copyrighted information, whether in its publications or otherwise, hereunder, the non- breaching party shall be entitled to equitable relief to protect its interest therein, including but not limited to injunctive relief, as well as money damages notwithstanding anything to the contrary contained herein.

8. FORCE MAJEURE

Neither party will be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such Party’s reasonable control and that such Party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected Party will give prompt written notice to the other Party and will use commercially reasonable efforts to minimize the impact of the event.

9. DUTIES AND OBLIGATIONS

A. In its performance of this Agreement, each Party will comply with all applicable laws, regulations, orders and other requirements, now or hereafter in effect, of governmental authorities having jurisdiction. Except as expressly provided herein, each Party will be responsible for all costs and expenses incurred by it in connection with the execution and performance of this Agreement.

10. NOTICE AND PAYMENT

A. Any notice required to be given under this Agreement shall be in writing and delivered personally to the other designated party at the stated address on the Web site order or mailed by certified, registered or Express mail, return receipt requested or by Federal Express.

B. Either party may change the address to which notice or payment is to be sent by written notice to the other under any provision of this paragraph.

11. JURISDICTION/DISPUTES

This offering is a contract between you the buyer and our business, the seller. The seller is located in Mexico City, Mexico and by doing business with us you agree that this offering is made from Mexico City, Mexico, and shall be governed by the laws of Mexico City, Mexico. By electing to participate in this offer, you are entering into a contract.

This Agreement shall be governed by and construed in accordance with the laws of Mexico City, Mexico, without regard to its conflict of laws rules. Any legal action arising out of this Agreement shall be litigated and enforced under the laws of Mexico City, Mexico. In addition, you agree to submit to the jurisdiction of the courts of Mexico City, Mexico, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of Mexico City, Mexico.

You hereby agree to submit to the jurisdiction of the Courts located in Mexico City, Mexico, to resolve any disputes or litigation hereunder. Whether or not you choose to print this offering, containing the terms and conditions as described herein, you agree that this contract constitutes a writing. 

This agreement is being written in English, which is to be the official language of the contract’s text and interpretation. If you do not agree with the above terms and conditions, you have the option to not participate in this offer.

12. AGREEMENT BINDING ON SUCCESSORS

The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns.

13. ASSIGNABILITY

Neither party may assign this Agreement or the rights and obligations thereunder to any third party without the prior express written approval of the other party which shall not be unreasonably withheld.

14. WAIVER

No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.

15. SEVERABILITY

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement. 

16. INTEGRATION

This Agreement constitutes the entire understanding of the Parties, and revokes and supersedes all prior agreements between the Parties and is intended as a final expression of their Agreement. It shall not be modified or amended except in writing signed by the Parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents which may conflict with this Agreement.