- No Warranty Regarding Accuracy of Information. While Portland Creative List strives to provide accurate information and content on the PCL Website, Portland Creative List has no control over the truth, accuracy or completeness of listings on the PCL Website, or over the quality of services provided by the persons or companies listed. You acknowledge you will be relying on your own due diligence in engaging a person or company listed on the PCL Website, and agree that neither Portland Creative List not its owners, officers, employees or agents make any representations or warranties as to the truth, accuracy, or completeness of the listings on the PCL Website or the reliability or quality of services of the persons or companies listed.
- Third Party Links. The PCL Website may include links to other websites; however, these other websites are not controlled by Portland Creative List and Portland Creative List is not responsible for any content contained on any such websites or any loss you may suffer arising out of your use of such linked websites. You waive any and all claims against Portland Creative List, its owners, officers, employees and agents arising out of or relating to links to outside websites, your use of those Web sites, or any content contained on any of those websites.
- Information Submitted by You. If you have submitted content and/or information for an advertisement or listing on the PCL Website, you represent and warrant to Portland Creative List that (a) you own the content and/or information submitted, and such content and/or information does not violate any copyright, trademark or other intellectual property rights of any other party, (b) any content or information you submit is not confidential information or subject to any restriction on disclosure, and (c) the information and/or content you submit is not inflammatory, obscene, or offensive, or in violation of any applicable laws.
- Disclaimer; Limitation of Warranties. THE PCL WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS”, AND PORTLAND CREATIVE LIST EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. PORTLAND CREATIVE LIST WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PCL WEBSITE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOUR USE OF THE PCL WEBSITE, AND THE CONTENT AND INFORMATION AVAILABLE AT THE SITE, ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PORTLAND CREATIVE LIST NOR ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES WILL BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, ARISING OUT OF YOUR USE OF, YOUR INABILITY TO USE, OR THE PERFORMANCE OF THIS SITE OR THE CONTENT ON THIS SITE WHETHER OR NOT PORTLAND CREATIVE LIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT PREJUDICE TO THE FOREGOING LIMITATION, THE AGGREGATE LIABILITY OF PORTLAND CREATIVE LIST TO YOU USER UNDER ANY AND ALL THEORIES, INCLUDING BUT NOT LIMITED TO CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR PRODUCT LIABILITY, SHALL IN NO EVENT EXCEED THE AMOUNT YOU PAID TO PORTLAND CREATIVE LIST DURING THE IMMEDIATELY PRECEDING SIX-MONTH PERIOD.
- Indemnification. You shall indemnify Portland Creative List, its officers, directors and agents against any losses, expenses (including reasonable attorney fees), costs or damages incurred by any of them as a result of your breach of any of your obligations or representations under these Terms, any inaccuracies or misrepresentations in any information you provide to Portland Creative List for an advertisement or listing on the PCL Website, or any unauthorized, improper or illegal use of the PCL Website or the information or content available on the site.
- Modification of Terms or Website. Portland Creative List reserves the right at any time, and without any liability to you, to amend, modify or restate these Terms, and to modify, add to or remove from the PCL Website and to alter its content, features, specifications, capabilities and/or functions.
- Termination. Portland Creative List reserves the right at any time without notice and without liability to terminate your right to use the PCL Website, and if applicable to remove your advertisement or listing from the PCL Website for any reason in Portland Creative List’s sole discretion. In the event of such termination, if you have paid Portland Creative List a fee for an advertisement or listing on the PCL Website, your fee for the current period will be refunded unless the termination is due to your breach of these Terms. Termination of your rights, or removal of your advertisement or listing as described above, shall not relieve you of any of your obligations arising or accruing prior to such termination or removal. The provisions of Sections 4, 5 and 7 through 10 will survive termination.
- Ownership of Website. This Website, together with all content and images contained in this Website, are the property of Portland Creative List, and Portland Creative List claims a copyright in such property. Copyright © 2021, Portland Creative List. All rights reserved.
- Trademarks. “Portland Creative List” and the Portland Creative List logo are trademarks of Portland Creative List. Certain other company names used in this Website are or may be the trademarks of their respective owners.
- Miscellaneous. These Terms will be governed by the laws of the State of Oregon. Any action or proceeding arising from or relating to these Terms shall be brought in a federal court in the State of Oregon or in state court in Washington County, Oregon, and you irrevocably submit to the jurisdiction and venue of any such court in any such action or proceeding. If any legal action is brought to enforce these Terms, the prevailing party will be entitled to receive reasonable attorney’s fees, court costs, and other collection expenses, in addition to any other relief it may receive, in any bankruptcy case, arbitration proceeding or court case. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of these Terms is determined to be unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.