TERMS AND CONDITIONS OF USE
These terms and conditions shall govern your use of our website, ArcadiaPDX.com (the “Website”). By using and entering the Website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use and immediately exit from the Website. If you register with the Website, by doing so you expressly agree to all of these terms and conditions.
2. COPYRIGHT NOTICE.
2.1 Copyright (c) 2016 by ARCADIA + HAVEN, LLC, an Oregon limited liability company.
2.2 Subject to the express provisions of these terms and conditions: (i) we, together with our licensors, own and control all the copyright and other intellectual property rights in the Website and the material on the Website; and (ii) all the copyright and other intellectual property rights in the Website and the material on the Website are reserved.
3. LICENSE TO USE WEBSITE.
3.1 By agreeing to, and subject to the other provisions of, our terms and conditions, you may: (i) view pages from the Website in a web browser; (ii) download pages from the Website for caching in a web browser; (iii) print pages from the Website; (iv) stream audio and video files from our website; and (v) use the Website services by means of a web browser.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from the Website or save any such material to your computer. You may only use the Website for your own personal and business purposes, and you must not use the Website for any other purposes, and you shall not: (i) edit or otherwise modify any material on the Website; (ii) republish material from the Website (including republication on another website); (iii) sell, rent or sub-license material from the Website; (iv) show any material from the Website in public; (v) exploit material from the Website for a commercial purpose; or (vi) redistribute material from the Website.
3.3 We reserve the right to restrict access to areas of the Website, or indeed the whole Website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Website.
4. ACCEPTABLE USE.
By agreeing to, and subject to the other provisions of, our terms and conditions, you must not: (i) use the Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website; (ii) use the Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (iii) use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; (iv) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without our express written consent; (v) access or otherwise interact with the Website using any robot, spider or other automated means; (vi) use data collected from the Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or (vii) not use data collected from the Website to contact individuals, companies or other persons or entities.
5. LIMITED WARRANTIES.
We do not warrant or represent: (i) the completeness or accuracy of the information published on the Website; (ii) that the material on the Website is up to date; or (iii) that the Website or any service on the Website will remain available.
We reserve the right to discontinue or alter any or all of our Website services, and to stop publishing the Website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Website services, or if we stop publishing the Website.
To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, the Website and the use of the Website.
To the extent that the Website and the information and services on the Website are provided free of charge, we will not be liable for any loss or damage of any nature.
6. BREACH OF THESE TERMS AND CONDITIONS.
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may, at our sole and absolute discretion: (i) send you one or more formal warnings; (ii) temporarily suspend your access to the Website; (iii) permanently prohibit you from accessing the Website; (iv) block computers using your IP address from accessing the Website; (v) contact any or all of your internet service providers and request that they block your access to the Website; and/or (vi) commence legal action against you, whether for breach of contract or otherwise.
Where we suspend or prohibit or block your access to the Website or a part of the Website, you must not take any action to circumvent such suspension or prohibition or blocking, including without limitation, creating and/or using a different account.
We may revise these terms and conditions from time to time. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party. These terms and conditions shall constitute the entire agreement between you and us in relation to your use of the Website and shall supersede all previous agreements between you and us in relation to your use of the Website. The law of the State of Oregon, excluding its conflict of law rules, shall govern the interpretation, validity and performance of these terms and conditions. Exclusive jurisdiction and venue for any dispute pursuant to these terms and conditions shall be in the state and federal courts of Washington County, Oregon. This Website is owned and operated by ARCADIA + HAVEN, LLC, an Oregon limited liability company.