10/19/2016 Angela Henderson Orr

TERMS OF USE

Terms of Use for Portland Police Association Web Site

Acceptance of terms

The Portland Police Association (“PPA”) makes this Web site (the “Site”), including all information, documents, communications, files, text, graphics, and products available through the Site (collectively, the “Materials”) and all services operated by PPA and third parties through the Site (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that PPA may publish from time to time (collectively, the “Terms of Use”).

By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.

PPA reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion, and will provide notice of material changes on the home page of the Site. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules, and guidelines posted on the Site at the time of such use. You should periodically check the “Terms of Use” link on the Site’s home page to view the then-current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

Types of users

Please be aware that certain content on this Site, may be available only to persons who are members of the PPA or are otherwise covered under an authorization agreement with PPA.

Intellectual property; limited license to users

The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and the Terms of Use. Except as expressly provided herein, PPA does not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering methods in connection with the Site.

Use of PPA Content and User Content

Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the PPA Content and User Content available on this Site subject to the following conditions:

  1. The Content may be used solely for personal, informational, and internal purposes.
  2. The Content may not be modified or altered in any way.
  3. The Content on the Site may not be distributed or sold, rented, leased, or licensed to others.
  4. You may not remove any copyright or other proprietary notices contained in the Content.
  5. PPA reserves the right to revoke the authorization to view, download, and print the Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from PPA.
  6. The rights granted to you constitute a license and not a transfer of title.

Important Exceptions

Various sections of the Site contain the work of creative professionals. Such work belongs to either the PPA or to their creators, may be protected by copyright or other proprietary laws, and is for display purposes only.

The rights specified above to view, download, and print the Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by law and may not be copied or imitated in whole or in part.
Trademark information

The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of PPA or other third parties. You are not permitted to use these Marks without the prior written consent of PPA or such third party that may own the Marks.

User conduct

In using the Site, including all Services and Materials available through it, you agree:

  • not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites;
  • not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files;
  • not to create a false identity;
  • not to access or attempt to access any Design Content which you are not authorized to access;
  • not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.

Warranties and disclaimers

Except as expressly provided otherwise in a written agreement between you and PPA, this site, and all materials and services accessible through this site, are provided “as is” without warranty of any kind, either express or implied.

This site could include technical or other mistakes, inaccuracies, or typographical errors. PPA may make changes to the materials and services at this site, including the prices and descriptions of any products listed herein, at any time without notice. The materials or services at this site may be out of date, and PPA makes no commitment to update such materials or services.

You understand and acknowledge that (i) PPA does not control, endorse, or accept responsibility for any content, products, or services offered by third parties through the site, including, without limitation, third-party vendors and third parties accessible through links on the site; (ii) PPA makes no representation or warranties whatsoever about any such third parties, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) PPA shall not be liable or responsible for any content, products, or services offered by third parties.

The use of the services or the downloading or other use of any materials through the site 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 activities. PPA 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 offered through the site. No advice or information, whether oral or written, obtained by you from PPA or through or from the site shall create any warranty not expressly stated in the terms of use.

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.

International users

This Site can be accessed from countries around the world and may contain references to PPA products, services, and programs that are not available in your country.

Personal information and privacy

To learn about how PPA protects your personal information, such as your name and address, refer to the PPA Online Privacy Policy . Except as set forth in the Privacy Policy or in the Terms of Use, your personal information will be deemed to be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of PPA or others, or as stated in our Privacy Policy.

LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL PPA, ITS AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT PPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Governing law and jurisdiction

This Site (excluding linked sites) is controlled by PPA from its offices within the state of Oregon, United States of America. By accessing this Site, you and PPA agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Oregon, without regard to the conflicts of laws principles thereof.

Language

It is the express wish of the parties that the Terms of Use and all related documents have been drawn up in English.

General

The Terms of Use and other rules, guidelines, licenses, and disclaimers posted on the Site constitute the entire agreement between PPA and you with respect to your use of the Site. If for any reason a court of competent jurisdiction 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 PPA to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision.