TERMS OF USE AGREEMENT

This Public Notice Database (www.publicnoticeoregon.com), which serves as repository for such notices, is hereby established by the Oregon Newspaper Publishers Association as the statewide website established and maintained as a joint venture of Oregon newspapers.

The capability of placing notices to the Public Notice Database on this site is one component of the general membership requirements for the Oregon Newspaper Publishers Association.

DISCLAIMERS AND TERMS OF USE

These Disclaimers and Terms of Use ("Terms") explain the contractual agreement between you and the Oregon Newspaper Publishers Association (“ONPA”) regarding your use of the Public Notice Database www.publicnoticeoregon.com. ONPA provides the Public Notice Database in an effort make public notices easily accessible in the State of Oregon. ONPA provides access to the Public Notice Database free of charge to members of the public and at no additional cost to government. ONPA charges a fee only for enhanced search capabilities of the Public Notice Database by way of the "smart search" option.

1. ACCEPTING & UPDATING THESE TERMS
By using the Public Notice Database you agree to these Terms. ONPA may update those Terms from time to time. The updated Terms shall be effective once posted. If you have any questions about these Terms or the Public Notice Database, please contact ONPA at admin@publicnoticeoregon.com.

2. THIRD PARTY CONTENT

The Public Notice Database consists of public notices submitted by newspapers in Oregon. Because content is submitted by third parties directly, ONPA exercises no control over that content or its accuracy, nor does IPA assume any responsibility for the timely publication of these notices. You agree that ONPA shall not be responsible or liable for any loss caused or alleged in connection with use of the Public Notice Database.

Oregon newspapers upload notices to this website. The ONPA charges these newspapers a fee to upload these notices. Any newspaper uploading notices agrees to pay upload fees as established and modified by the ONPA Board from time to time.

3. DISQUALIFICATION AND TERMINATION
You agree that ONPA, in its sole discretion, may disqualify you from using the Public Notice Database if ONPA believes that you have violated or acted inconsistently with the letter or spirit of the Terms or Oregon’s Public Notice laws. ONPA shall not be liable to you or any third party for termination of your access to the Public Notice Database. ONPA may terminate a user’s smart search subscription, if that user fails to pay for this enhanced search feature.

The Oregon Newspaper Publishers Association has required that each member newspaper, as a condition of uploading notices to this site, certify that the newspaper meets the requirements of chapter 193 of Oregon Revised Statutes. The ONPA takes no responsibility for that certification, and each person or public body placing a notice for publication with a newspaper is responsible for selecting a newspaper which meets the specific requirement for each notice. The requirements of each statute which requires the publication of the notice should be reviewed to determine which newspaper or newspapers are eligible to publish the notice. The ONPA assumes no responsibility for the selection of the appropriate newspaper for publication.

4. PRIVACY
Except for smart search subscribers, ONPA does not collect names or addresses of Public Notice Database users. Unless required by law, ONPA does not sell, rent, barter mailing lists of users or disclose users' names, addresses, or other personally identifying information.

5. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE PUBLIC NOTICE DATABASE IS AT YOUR SOLE RISK. THE PUBLIC NOTICE DATABASE IS PROVIDED "AS IS." ONPA EXPRESSLY DISCLAIMS 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. NO ADVICE OR INFORMATION OBTAINED BY WAY OF THE PUBLIC NOTICE DATABASE SHALL CREATE ANY WARRANTY BINDING ONPA.

6. INDEMNIFICATION
You agree to indemnify and hold ONPA, and its subsidiaries, affiliates, agents or other partners, and employees, harmless for any claim, including reasonable attorneys' fees, made by any third party arising out of (a) your breach of any of your representations, warranties or obligations hereunder, (b) your use of the Public Notice Database.

7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ONPA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ONPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE PUBLIC NOTICE DATABASE; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PUBLIC NOTICE DATABASE; OR (d) ANY OTHER MATTER RELATING TO THE PUBLIC NOTICE DATABASE. UNDER NO CIRCUMSTANCES SHALL ONPA BE LIABLE FOR ANY LOSSES OR DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE, FROM THE USE OF, OR RELIANCE ON THE USE OF THE PUBLIC NOTICE DATABASE.

8. GOVERNING LAW & JURISDICTION
The Public Notice Database is compiled and made available to the public by ONPA from its offices in Portland, Oregon, United States of America. If you choose to access this database from outside Oregon you alone are responsible for compliance with applicable local laws. Any legal dispute relating to the Public Notice Database shall be governed by Oregon law and adjudicated by the Multnomah County Circuit Court or the United States District Court for the District of Oregon, and you consent to the personal jurisdiction of those courts.

9. OTHER GENERAL PROVISIONS
These Terms constitute the entire agreement between ONPA and you and govern your use of the Public Notice Database, superseding any prior agreements between you and ONPA. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in force. ONPA's failure to act with respect to a breach by you or others does not waive ONPA's right to act with respect to subsequent or similar breaches. By using the Public Notice Database, you represent that you can form legally binding contracts. These Terms and all writings incorporated by reference into the Terms set forth the entire agreement between us with respect to the Public Notice Database.


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