TERMS AND CONDITIONS OF USE AND SERVICE
1. Acceptance of Terms
2. Public Disclosure
Any information provided to the OMB is subject to the disclosure requirements set forth in the Oregon Public Records Law, ORS 192.410-505.
USER SHALL DEFEND, SAVE, HOLD HARMLESS, AND INDEMNIFY OMB AND ITS OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL CLAIMS (INCLUDING, INTELLECTUAL PROPERTY INFRINGEMENT RELATED CLAIMS), SUITS, ACTIONS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES OF ANY NATURE WHATSOEVER, INCLUDING ATTORNEYS FEES, RESULTING FROM, ARISING OUT OF, RELATING TO THE ACTIVITIES OF THE USER OR THE USER’S AGENTS WHILE USING THE SERVICE, USER’S VIOLATION OF THE TOU, OR USER’S VIOLATION OF ANY RIGHTS OF ANOTHER.
OMB may, in its sole discretion and without notice, terminate User’s access to the Service, and remove and discard any User information, if any, for any reason, including, without limitation, for lack of use or if OMB believes that User has violated or acted inconsistently with these terms and conditions stated herein. OMB shall not be liable to User or any third party for any termination of access to the Service.
5. Modifications to Service
OMB reserves the right at any time to modify, discontinue, temporarily or permanently, the Service and shall not be liable to the user or any third party for any modification, discontinuance or suspension of the service.
6. Intellectual Property Rights
Unless otherwise specified, the Service is for User’s personal and non-commercial use. User acknowledges and agrees that the Service contains proprietary information that is protected by applicable intellectual property and other laws. OMB grants User a personal, non-transferable and non-exclusive license to use the Service; provided that User does not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Service.
7. Disclaimer of Warranties
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT USER’S OWN DISCRETION AND RISK, AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM OMB OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU USER EXPRESSLY UNDERSTANDS AND AGREES THAT USER’S USE OF THE SERVICE IS AT USER’S SOLE RISK. SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OMB AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OMB AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (1) SERVICE WILL MEET USER’S REQUIREMENTS; (2) SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICE WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH SERVICE WILL MEET USER’S EXPECTATIONS; AND (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. USER IS RESPONSIBLE FOR OBTAINING ACCESS TO THE SERVICE, AND THAT ACCESS MAY INVOLVE THIRD-PARTY FEES (SUCH AS INTERNET SERVICE PROVIDER OR AIRTIME CHARGES). USER IS RESPONSIBLE FOR THOSE FEES. IN ADDITION, USER MUST PROVIDE AND IS RESPONSIBLE FOR ALL EQUIPMENT NECESSARY TO ACCESS THE SERVICE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER.
8. Limitation of Liability
IN NO EVENT WILL OMB BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS TOU OR USER’S USE OF THE SERVICE, EVEN IF OMB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF USER’S EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF USER IS DISSATISFIED WITH SERVICE, USER DOES NOT AGREE WITH ANY PART OF THE TOU, OR USER HAS ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST OMB WITH RESPECT TO THE TOU, THEN USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
The Service may provide, or third parties may provide, links to other Internet sites or resources. Because OMB does not control over such sites and resources, User acknowledges and agrees that OMB is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any information or content from such sites or resources. User further acknowledges and agrees that OMB shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with use of or reliance on any such information or content, goods or services available on or through any such site or resource.
The failure of OMB to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision.
If any part of the TOU is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the TOU will continue in effect.
OMB may assign the TOU, in whole or in part, at any time with or without notice to user. User may not assign the TOU, or assign, transfer or sublicense user’s rights, if any, in the SERVICE.
13. Entire Agreement
Except as expressly stated herein, the TOU constitutes the entire agreement between user and OMB with respect to the SERVICE and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between user and OMB with respect to the SERVICE.
14. No Third Party Beneficiaries
User agrees that, except as otherwise provided for in this TOU, there shall be no third-party beneficiaries to this TOU.
15. Statute of Limitations
User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOU are for convenience only and have no legal or contractual effect.
17. Choice of Law and Forum
By using the Service, User agrees that the laws of the State of Oregon, without regard to principles of conflicts of laws, will govern these terms and conditions and any dispute that might arise between User, OMB, and its third party agents. Any claim, action, suit or proceeding (collectively, "Claim") between OMB (and/or any other agency or department of the State of Oregon) and the user that arises from or relates to use of the Service shall be brought and conducted solely and exclusively within the Circuit Court of Marion County for the State of Oregon; provided, however, if a Claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this be construed as a waiver by OMB of any form of defense or immunity, whether it is sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any Claim or from the jurisdiction of any court. USER, BY USING THE SERVICE, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID COURTS.