Terms of Use

YOUR ACCESS TO AND USE OF THIS SITE IS SUBJECT TO THESE TERMS OF USE. PLEASE READ THEM CAREFULLY BEFORE ACCESSING OR USING THIS SITE.

1. ACCEPTANCE OF TERMS

By accessing or using this Site in any way, including using any Services, downloading any Materials or merely browsing the Site, you have agreed to be bound by the terms and conditions set forth herein and in any changes thereto that PortlandLabs Inc may publish from time to time, including in any Legal Notice to you applicable to the Site and/or Services (collectively, the "Terms of Use"). [Capitalized terms used herein are defined below]. If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

PortlandLabs, Inc. ("PortlandLabs") may change the Terms of Use and other guidelines and rules posted on this Site from time to time at its sole discretion. Your continued access or use of this Site, or any Materials or Services, constitutes your acceptance of the changes. Your access and use of this Site, the Materials and Services will be subject to the most current version of the Terms of Use, and any rules or guidelines posted on this Site at the time of such use.

You are encouraged to regularly check the "Terms of Use" link on the home page of this Site to view the then current terms. If you breach any of the Terms of Use, in addition to any injunctive relief or other available legal remedies, PortlandLabs, in its sole discretion may immediately terminate your access to this Site, the Services and the Materials.

2. DEFINED TERMS

"PortlandLabs" means PortlandLabs, Inc., whose principal office is located at Po Box 14125, Portland OR, 97293, USA. PortlandLabs makes these *.ConcreteCMS.org, *.ConcreteCMS.com, *.concrete5.org sites (the "Site"), and the Materials and Services, available for your access and use subject to the Terms of Use. "Materials" means all information, data, documents (e.g. white papers, datasheets, FAQs, templates, press releases, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs, applications and products made available or enabled via the Site by PortlandLabs or any users of the Site. "Services" means the proprietary PortlandLabs software application ("Software") and all other services and resources offered or enabled via the Site by PortlandLabs or any users of the Site, including download areas, collaboration or other tools, product and other information services and communication services such as bulletin boards, chat areas, calendars, communities, e-mail, forums (including lab and user forums), newsgroups, personal web pages, photo albums and other message or communication facilities designed to enable or facilitate your communication and collaboration with others. All Services provided by PortlandLabs are referred to as "PortlandLabs Services". All Materials provided by PortlandLabs are referred to as "PortlandLabs Materials." All content and Materials provided by users of the Site are referred to as "User Materials". All information (such as data files, written text, computer software, music, audio files, photographs, templates, videos, or other images) which you may post or have access to as part of or through your use of the Services (including PortlandLabs Materials and User Materials) is referred to as "Content". Content is the sole responsibility of the person from which such content originated. Certain of the Services, including PortlandLabs Services, may involve collaboration and/or file sharing among users and/or a specified group of users. Materials posted by users in conjunction with such collaboration and file sharing Services are referred to collectively as "Shared Content".

3. PROVISION OF SERVICES BY PortlandLabs

PortlandLabs endeavors to innovate constantly to provide the best possible experience for the Site's users. You acknowledge and agree that the form and nature of the PortlandLabs Services and PortlandLabs Material which PortlandLabs provides on the Site and any Services or Materials which are enabled by the Site may change from time to time without prior notice to you. You acknowledge that PortlandLabs may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or other users of the Site, generally at PortlandLabs's sole discretion, without prior notice to you. PortlandLabs, in its sole discretion, may (but has no obligation to) monitor or review the Services and Materials at any time and may disclose any information related to your use of the Services and the Materials, or the substance of any or your posted or submitted Materials, as PortlandLabs deems necessary to comply with applicable law, regulation, legal process or governmental request.

You acknowledge and agree that if PortlandLabs disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. You acknowledge and agree that while PortlandLabs may not currently have set any upper limit on the number of transmissions or files that you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such an upper limit may be set by PortlandLabs at any time, at PortlandLabs's discretion.

4. USE OF SERVICES BY YOU

You shall pay any costs and charges, including any telecommunication charges and/or equipment costs that you incur in order to access or use the Site, Services or Materials. In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Services, or as part of your continued use of the Services. You agree that any registration information you may provide will be accurate, correct and up-to-date. The software which you use may automatically download and install updates from time to time from PortlandLabs. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit PortlandLabs to deliver these to you) as par of your use of the Services. You agree to use the Services only for purposes that are permitted by (a) the Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries.

You agree not to access (or attempt to access) any of the Services by any means other than through the interface provided by PortlandLabs to you, unless you have been specifically granted permission to do so in a separate agreement with PortlandLabs. You specifically agree not to access (or attempt to access) any of the Services, Materials, or another user's account, password or computer through any automated means (including use of scripts or web crawlers), or by hacking, password mining or other means. You agree that you will not engage in any activity that interferes with or disrupts the Site or the Services (or the servers and networks which are connected to or accessible through the Services or the Site). Unless you have been specifically permitted to do so under a separate agreement with PortlandLabs, you agree that you will not reproduce, duplicate, copy, sell, trade, lease or resell the Services for any purpose. You also agree to use the Services only to access, download, utilize, post, send or receive Materials in an appropriate manner. Some examples of improper use of the Site, Services or Materials include:

a. Collecting, harvesting, mining or engaging in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others;

b. Transmitting unsolicited or bulk communications to any Site account holder or to any PortlandLabs.org or affiliated e-mail address;

c. Posting or otherwise submitting any software, programs or files that are harmful or disruptive of another's equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms;

d. Creating a false identity for the purpose of misleading others;

e. Downloading any Materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner;

f. Removing or falsely adding to any uploaded Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material;

g. Making available any files or Content containing Materials where you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such Materials;

h. Using any Materials in a manner that infringes any Intellectual Property Rights or rights of any party;

i. Disrupting, interfering or inhibiting any other user from using and enjoying the Site or other affiliated or linked sites, the Services or the Materials;

j. Posting or otherwise submitting any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lewd, lascivious, obscene, profane, racist, unlawful or otherwise objectionable.

k. Preparing, compiling, using, downloading or otherwise copying any Site user directory or other user or usage information or any portion thereof, or transmitting, providing or otherwise distributing (whether or not for a fee) such directory or information to a third party;

l. Engaging in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise);

m. Violating the rights of PortlandLabs or any third party (including the rights of privacy and publicity) or abusing, defaming, harassing, threatening or stalking another;

n. Using any PortlandLabs or PortlandLabs domain name as a pseudonymous return e-mail address;

o. Marketing any goods or services for any business purpose (including advertising and making offers to buy or sell goods and services), unless specifically permitted to do so by PortlandLabs.

You agree that you are solely responsible for (and that PortlandLabs has no responsibility to you or to any third party) for any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which PortlandLabs may suffer) for any such breach.

5. YOUR PASSWORDS AND ACCOUNT SECURITY

If requested, you must also choose a user name and password to register for a user account. You understand and agree that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services and further agree that you will be solely responsible to PortlandLabs for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify PortlandLabs immediately by emailing techsupport@concretecms.com.

6. PRIVACY AND YOUR PERSONAL INFORMATION

For information about PortlandLabs's data protection practices, please read PortlandLabs's privacy policy available at www.concretecms.com. You agree to the use of your data in accordance with PortlandLabs's privacy policies.

7. DISCLOSURES AND REPRESENTATIONS ON CONTENT

You are notified that any Content presented to you or made available to you as part of the Services (including Content provided or shared by other users of the Site) may be protected by intellectual property rights which are owned by the persons or entities that provided such Content to the Site. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (unless you have been specifically informed that you can do so by PortlandLabs or by the owners of that Content, in a separate agreement. PortlandLabs reserves the right (but has no obligation) to flag, review, pre-screen, filter, modify, refuse or remove any or all Content from the Services and/or the Site. You also agree that by using the Services and the Site you may be exposed to Content that you may find objectionable, indecent, or otherwise offensive, and that, you use the Services and the Site at your own risk. You agree that you are solely responsible for (and that PortlandLabs has no responsibility to you or any third party for) any Content that you create, display, submit or transmit while using the Services or the Site and for the consequences of your actions (including any loss or damage which PortlandLabs may suffer) by doing so.

8. LINKS TO THIRD PARTY SITES

The Services, the Materials and the Site may include links to other sites outside of the Site ("Linked Sites"). Any Linked Sites are provided to you as a convenience and any inclusion of these links do not imply any endorsement by PortlandLabs. PortlandLabs has no control over any Linked Site, any link contained in any Linked Site or any changes or updates to any Linked Site. You acknowledge and agree that PortlandLabs is not responsible for any form of transmission received from any Linked Site.

9. PROPRIETARY RIGHTS

You acknowledge and agree that PortlandLabs (or PortlandLabs's licensors) own all legal right, title and interest in and to the Site, the Services and PortlandLabs Materials, including any intellectual property rights which subsist in any (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Site, the Services and PortlandLabs Materials may contain information which is designated confidential by PortlandLabs and that you shall not disclose such information without PortlandLabs's prior written consent. Unless PortlandLabs has agreed otherwise in writing with you, nothing in these Terms of Use gives you a right to use PortlandLabs's trade names, trade marks, service marks, logos, domain names (including but not limited to www.concretecms.com/.org or any extension thereof) and other distinctive brand features. Other than the limited license set forth in Section 12 below, PortlandLabs acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms of use in or to any Content that you submit, post, display or transmit on, or through the Services, the Site or the Materials, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise with PortlandLabs, you agree that you are responsible for protecting and enforcing those rights and that PortlandLabs has no obligation to do so on your behalf. You agree that you shall not remove, alter or obscure any proprietary rights notices (including any copyright and trademark notices) which may be affixed to the Site, the Services or any Materials. Unless you have been expressly authorized to do so in writing by PortlandLabs, you agree that in using the Services, the Site and Materials, you will not use any trade mark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

10. COPYRIGHT AND TRADEMARK POLICIES

It is PortlandLabs's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. Details of PortlandLabs's policy can be found at Notification of Copyright Infringement. PortlandLabs operates a trademark complaints procedure. Details of this procedure can be found at Trademark Complaint Procedures.

11. LICENSE TO YOU

PortlandLabs grants you a personal, worldwide, non-assignable, royalty free and non-exclusive license to use the Site, any Software (as defined above) provided to you by PortlandLabs as part of the Services and any PortlandLabs Materials provided to you as part of the Services as provided to you by PortlandLabs, This license is solely for the purpose of enabling you to use and enjoy the benefit of the Site, the Services and the Materials, in the manner permitted by these Terms of Use. You may not (and you may not permit anyone else to) copy, reverse engineer, create a derivative work of, or decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically permitted to do so by PortlandLabs. Unless PortlandLabs has given you written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, the Site or the Materials, grant a security interest in or over your rights to use the Software, the Site or the Materials, or otherwise transfer any of your rights to use the Software, the Site or the Materials.

12. CONTENT LICENSE FROM YOU

You retain a copyright and any other rights you already hold in Content which you submit, display or post on or through the Services. By submitting, displaying or posting the Content you give PortlandLabs a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, display or post on or through the Services. This license is for the sole purpose of enabling PortlandLabs to display, distribute and promote the Services and the Site. You agree that this license includes a right for PortlandLabs to make such Content available to its vendors, license partners, suppliers and successors in interest for the provision of syndicated services and to improve the performance, quality and experience of the Services and the Site, and to use such Content in connection therewith. You understand that PortlandLabs, in performing any required technical steps to provide the Services and Site access to our users, may (a) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services and media; and (b) transmit or distribute your Content over various public networks and in various media. You acknowledge and agree this license from you shall permit PortlandLabs to take such actions.

13. SUBMISSIONS AND POSTS FROM YOU

All of your Content and User Materials that you post on or otherwise transmit or submit via the Services and the Site shall not be confidential information or trade secrets owned by you or another party. You will receive no compensation for any use of your Content or User Materials. By posting, transmitting or submitting your Content or User Materials, you represent and warrant that you own or otherwise control all intellectual property rights and other rights to such Content or User Materials, including all rights necessary for you to post, transmit or submit such Content or User Materials. You are solely and entirely responsible for all of your Content and User Materials that you post, transmit or submit via the Services and the Site. You shall assume all risks associated with the use of your Content and User Materials including any reliance on the accuracy, completeness or usefulness of your Content and User Materials. PortlandLabs does not guarantee the accuracy, the integrity or the quality of your Content or User Materials.

For all of your Content and User Materials that you post, transmit or submit via the Services and the Site, including (a) comments, (b) feedback, (c) bug reports, (d) piracy reports or (e) product suggestions, you grant PortlandLabs and the users of the Services and the Site an unrestricted, irrevocable, worldwide, non-exclusive, royalty-free and fully-paid-up license under all intellectual property rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such Content and User Materials, with or without having your name attached to such Content and User Materials, in any manner or form and for any purpose, with full rights to sublicense, and you also acknowledge and agree that PortlandLabs is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you.

Unsolicited ideas, of any kind whatsoever, that are sent to PortlandLabs for consideration via this Site, the Services or Materials shall not be considered or accepted by PortlandLabs, nor deemed confidential or proprietary information (including any original creative artwork, samples, demos or other works created in connection therewith).

14. USING SHARED CONTENT

Use of Shared Content is limited to the terms and conditions stated by and manner of use permitted to such Shared Content by the user providing such Shared Content. It is your sole responsibility to communicate with other users of any Shared Content and determine what limitations, if any, are placed on the use of the Shared Content distributed among users. Unless you have received permission to access and use Shared Content from the user providing such Shared Content you have no right to use such Shared Content in any way. You also acknowledge and agree that PortlandLabs has no liability of any kind should users modify, copy, corrupt, destroy, display, transfer or distribute your Shared Content, or violate these Terms of Use or any other limitations that you may impose on the access to or use of your Shared Content.

15. INDEMNITY; LIABILITY AND GRANT OF REMEDY

You agree to indemnify and hold PortlandLabs, its employees, officers, directors, partners, successors and assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your User Materials and any other content (e.g. computer viruses) that you may submit, post, display or transmit through the Site and/or the Services (including a third party's use of such User Materials or content [e.g. reliance on the accuracy, completeness or usefulness of such User Materials or content]); (b) your access to or use of the Site, Services or Materials (including any use by your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with the Site or any Services or Materials); (c) your connection to the Site, Services or Materials; (d) your violation of the Terms of Use; (e) actions of any user that you provide access to or permission to use your Shared Content; (f) your infringement of any third party's intellectual property rights when using any of the Software made available on the Site, the Services or the Materials; (g) your violation of any rights of any third party; (h) your access to or use of Linked Sites and your connections thereto; or (i) any dealings between you and any third parties advertising or promoting via the Site, Services of Materials. In the event of your or others' access to the Site, Services or Materials in connection with the transmission of spam or other unsolicited e-mail in violation of these Terms of Use, you acknowledge and agree that PortlandLabs would be irreparably harmed thereunder and that monetary damages would be an insufficient remedy; therefore you agree that, in addition to any other remedies available at law or in equity, PortlandLabs is entitled to obtain immediate injunctive relief against any such transmission. PortlandLabs may without restriction block, filter or delete unsolicited e-mail.

16. WARRANTIES AND DISCLAIMERS

THE SITE, SERVICES AND MATERIALS, ARE PROVIDED BY PortlandLabs UNDER THESE TERMS OF USE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, PortlandLabs MAKES NO WARRANTY THAT (i) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (iv) THE QUALITY OF THE SITE OR ANY SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED.

THIS SITE, SERVICES AND MATERIALS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. PortlandLabs MAKES CHANGES TO THE SITE, SERVICES AND MATERIALS WHICH MAY INCLUDE CHANGES IN PRICING AND DESCRIPTION OF ANY SOFTWARE, SERVICES OR MATERIALS LISTED, AT ANY TIME AND IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE, SERVICES AND MATERIALS MAY BE OUT OF DATE, AND PortlandLabs MAKES NO COMMITMENT TO UPDATE THE SITE, SERVICES AND MATERIALS.

YOU ACKNOWLEDGE AND AGREE THAT PORTLANDLABS DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) PortlandLabs MAKES NO REPRESENTATIONS OR WARRANTIES WHASOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR SITES, SERVICES OR MATERIALS; ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) PortlandLabs SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY SERVICES OR MATERIALS OFFERED BY THIRD PARTIES.

THE USE OF THE SITE, SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIONS. PortlandLabs ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PortlandLabs OR VIA THE SITE, SERVICES OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. PortlandLabs WILL NOT BE LIABLE FOR LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

17. LIMITATIONS OF PORTLANDLABS' LIABILITY

IN NO EVENT SHALL PORTLANDLABS, ITS EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, VENDORS, SUPPLIERS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF PortlandLabs HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION THEREWITH (i) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE SITE, SERVICES, OR MATERIALS; (ii) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE, SERVICES OR MATERIALS; (iii) ANY DEALINGS WITH VENDORS, SUPPLIERS OR OTHER THIRD PARTIES; (iv) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, USER MATERIALS OR OTHER DATA; (v) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (vi) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER CONTENT; (vii) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (viii) ANY WEB SITE REFERENCED OR LINKED TO OR FROM THIS SITE; OR (ix) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND SO THE LIMITATIONS AND EXCLUSIONS STATED ABOVE MAY NOT APPLY TO YOU.

18. ARBITRATION

Any controversy or claim arising out of or relating to these Terms of Use shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall at PortlandLabs' sole election be conducted in either Multnomah or Washington County, Oregon and judgment on the arbitration award may be entered into any court having competent jurisdiction thereof. Notwithstanding anything in this paragraph to the contrary, PortlandLabs may at any time seek an injunction or other equitable remedy from any court of competent jurisdiction.

19. JURISDICTION AND VENUE

By accessing this Site, the Services and Materials you agree that all matters relating to your access to, or use of, this Site, the Services and Materials shall be governed by the statutes and laws of the State of Oregon, without respect to conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Circuit Courts located in Multnomah and Washington Counties, State of Oregon and the United States District Court for the State of Oregon with respect to such matters.

20. GENERAL

The Terms of Use and other Legal Notices, rules, guidelines, licenses and disclaimers posted via the Site or in connection with the Services and Materials constitute the entire agreement between PortlandLabs and you with respect to your access and use of the Site, Services and Materials and supersede any prior agreements or understandings between PortlandLabs and you on such subject matters. You may not assign or otherwise transfer the Terms of Use nor any right granted hereunder without PortlandLabs's prior written consent. If for any reason a court of competent jurisdiction or arbitrator finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision and the remainder of the Terms of Use shall continue in full force and effect. Any failure by PortlandLabs to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver or that provision or right. The paragraph titles used in these Terms of Use are solely for convenience and carry no legal or contractual effect.

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