TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use (these "Terms") apply to the use of this website (the "Site") which is owned, operated, and controlled by Pacific Screening, Inc, an Oregon corporation.
1. Agreement to Terms and Conditions. By accessing, visiting and/or using the Site, you, the user, (a) acknowledge that you have read and understood these Terms, and (b) agree that you will be bound by these Terms. If you do not agree to be bound by these Terms, do not use this Site. Pacific Screening may change these Terms at any time by posting the change to this Site. Please check these Terms periodically for changes. Your use of the Site after these Terms have been changed will mean that you agree to be bound by those changes. The date these Terms were last modified is set forth at the end of these Terms.
2. Intellectual Property Infringement Claims. Pacific Screening will promptly process, investigate and respond to all claims of intellectual property infringement and will take appropriate action under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of a notice that complies with the Digital Millennium Copyright Act, Pacific Screening will act to promptly remove or disable access to any material found to be infringing or found to be the subject of infringing activity and to any reference or link to material or activity found to be infringing. Pacific Screening will terminate access to advertisers and others who are repeat infringers. Send any notice of claimed copyright infringement to the address or telephone number below:
Designated Copyright Agent
Pacific Screening, Inc.
P.O. Box 25582
Portland, OR 97298
Phone: (503) 297-1941
Fax: (503) 297-1904
email: info@pacificscreening.com
Please include the word "copyright" in the subject line for all claims of intellectual property infringement. Direct all other questions and comments to info@pacificscreening.com.
3. Security Rules. You agree not to violate or attempt to violate the security of the Site, including without limitation, (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to the Site without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited email, flooding, spamming, mailbombing, or crashing; (f) sending promotions and/or advertising products and/or services; or (g) attempting to do any of the preceding.
4. Restriction on Use of Materials. The materials that are included in or displayed on the Site, including without limitation images, illustrations, designs, icons, photographs, video clips, text, logos, the HTML code for the Site, and other materials (collectively, the "Materials") include both registered and unregistered copyrights, trademarks, service marks, trade dress and/or other intellectual property owned or controlled by Pacific Screening. Without Pacific Screening's prior written permission, you may not (a) use the Materials on any other Web site, in any advertising or publicity, or in any other way; (b) modify any of the Materials for any purpose; or (c) copy, reproduce, republish, upload, post, transmit or distribute any of the Materials in any way, except that you may download one copy of the Materials on any single computer for you personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.
5. Nature of Information. The information contained on this Site has been collected and/or prepared by Pacific Screening as a service to its visitors. None of the information on this Site is intended to constitute professional advice. While Pacific Screening has used reasonable efforts to verify that the information on the Sites is useful to its visitors, Pacific Screening does not warrant or guaranty its accuracy or timeliness. The information included in pacificscreening.com is presented in summary form, is for general informational purposes only.
6. General Disclaimer of Warranties. All information and other Material is provided "AS IS" and without warranties of any kind, either express or implied. To the maximum extent permitted by applicable law, Pacific Screening disclaims all warranties, express and implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, course of dealing and non-infringement. Pacific Screening does not warrant that the functions contained in any Site or in the Materials will be uninterrupted or error free, that defects will be corrected or that the Sites, any Materials or any server(s) used by Pacific Screening are free from viruses or other harmful components. Pacific Screening does not make any representations regarding the use, validity, correctness, accuracy, reliability or truthfulness of the Site, any Materials or any sites linked to or from any of the Site.
7. Linking Disclaimers and Warning. The Site may include links to Web sites owned and operated by others ("Third Party Web Sites"). The Third Party Web Sites are generally created and owned by other parties and are the responsibility of those persons and not of Pacific Screening. Consequently, Pacific Screening cannot and does not represent or warrant the validity, correctness, accuracy, reliability or truthfulness of any Third Party Web Sites. Although Pacific Screening may periodically attempt to verify the accuracy of Third Party Web Sites, Pacific Screening will not be liable for any inaccuracies, inclusions, exclusions, omissions, typographical errors or other inaccuracies of any information included in the Third Party Web Sites. Just as when you purchase a product or service from persons listed in your telephone directory, you should exercise appropriate discretion, good judgment and caution in relying on information in any Third Party Web Sites. You bear all risk associated with the information in Third Party Web Sites, and your use of any such information is subject in all respects to these Terms. Pacific Screening reserves the right to terminate any links to other sites without notice.
8. Limitation of Liability. Under no circumstances, including without limitation negligence, will Pacific Screening be liable for any direct, indirect, special, incidental or consequential damages, including without limitation, loss of data or profit, arising out of the use or inability to use the Sites or the Material, even if Pacific Screening has been advised of the possibility of such damages. If your use of the Site or the Materials results in the need for service, repair or correction of equipment, software or data, you assume all cost related to that service, repair and correction. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. By using a Site, you agree that Pacific Screening's maximum aggregate liability to you for all claims arising from use of the Site or any Materials is limited to $50.
9. Transmissions. Pacific Screening will treat all messages, material, information or ideas (the "Transmission") you transmit to or post on any Site by any means, as non-confidential and non-proprietary, and Pacific Screening may use or disclose those Transmissions for any purpose, including without limitation developing, manufacturing and marketing goods and/or services. However, Pacific Screening will handle all personal data provided to Pacific Screening in the manner provided in Pacific Screening's Privacy Policy By sending any Transmission to any Site, you agree that (a) the Transmission does not (i) violate any law, regulation or third party right; (ii) contain any nudity, pornographic or other adult material; (iii) contain any obscenities or material that libels, slanders or defames any person, facility or product; (iv) invade the privacy of any person, infringe the proprietary rights of any person, constitute an unfair or improper trade practice or other wrongful business conduct; (v) contain any instructions or discussions about illegal activities; (vi) encourage or promote any illegal activity or racism; (v) promote or utilize software or services designed to deliver unsolicited e-mail or to circumvent protective technologies in violation of law; (b) you will not (i) use any Site for any commercial purpose, including without limitation advertisements; (ii) solicit funds, goods or services; (iii) solicit other visitors to any Site to join or become a member of any commercial online club, service or other organization; (iv) post chain letters or pyramid schemes; (v) post a link to any site that contains or does any of the prohibited actions described in subsection (a) above or this subsection (b); or (c) you will not impersonate another person. By sending any Transmission to any Site or to us, you automatically grant (or warrant that the owner of such rights has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium or technology now known or later developed. In addition, you warrant that all "moral rights" in those Transmissions have been waived.
10. No License. Except as expressly provided otherwise in these Terms, nothing in any Site, including these Terms, grants, by implication, estoppel or otherwise, any license or right to use any Materials without the prior written permission of the owner of the Materials.
11. Taxes. Unless you provide Pacific Screening with a valid and correct tax exemption certificate applicable to any goods or services provided by Pacific Screening or through any of the Site, you, the user, will be responsible for all sales and other taxes associated with those goods and/or services, however designated, except for Pacific Screening's franchise tax and taxes on Pacific Screening's net income.
12. Governing Law. These Terms and all claims, disputes and controversies that may arise in connection with these Terms and the Sites will be governed by the internal laws of the State of Oregon without regard to its choice of law rules. In no event will these Terms or any claims, disputes or controversies in connection with these Terms or the Site be governed by any international treaty or convention, including without limitation, the Convention for the International Sale of Goods.
13. Entire Agreement. This is the entire agreement between you and Pacific Screening relating to the subject matter of these Terms. These Terms may not be modified in any way except in a writing signed by both you and a duly authorized officer of Pacific Screening.
These Terms and Conditions of Use (these "Terms") apply to the use of this website (the "Site") which is owned, operated, and controlled by Pacific Screening, Inc, an Oregon corporation.
1. Agreement to Terms and Conditions. By accessing, visiting and/or using the Site, you, the user, (a) acknowledge that you have read and understood these Terms, and (b) agree that you will be bound by these Terms. If you do not agree to be bound by these Terms, do not use this Site. Pacific Screening may change these Terms at any time by posting the change to this Site. Please check these Terms periodically for changes. Your use of the Site after these Terms have been changed will mean that you agree to be bound by those changes. The date these Terms were last modified is set forth at the end of these Terms.
2. Intellectual Property Infringement Claims. Pacific Screening will promptly process, investigate and respond to all claims of intellectual property infringement and will take appropriate action under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of a notice that complies with the Digital Millennium Copyright Act, Pacific Screening will act to promptly remove or disable access to any material found to be infringing or found to be the subject of infringing activity and to any reference or link to material or activity found to be infringing. Pacific Screening will terminate access to advertisers and others who are repeat infringers. Send any notice of claimed copyright infringement to the address or telephone number below:
Designated Copyright Agent
Pacific Screening, Inc.
P.O. Box 25582
Portland, OR 97298
Phone: (503) 297-1941
Fax: (503) 297-1904
email: info@pacificscreening.com
Please include the word "copyright" in the subject line for all claims of intellectual property infringement. Direct all other questions and comments to info@pacificscreening.com.
3. Security Rules. You agree not to violate or attempt to violate the security of the Site, including without limitation, (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to the Site without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited email, flooding, spamming, mailbombing, or crashing; (f) sending promotions and/or advertising products and/or services; or (g) attempting to do any of the preceding.
4. Restriction on Use of Materials. The materials that are included in or displayed on the Site, including without limitation images, illustrations, designs, icons, photographs, video clips, text, logos, the HTML code for the Site, and other materials (collectively, the "Materials") include both registered and unregistered copyrights, trademarks, service marks, trade dress and/or other intellectual property owned or controlled by Pacific Screening. Without Pacific Screening's prior written permission, you may not (a) use the Materials on any other Web site, in any advertising or publicity, or in any other way; (b) modify any of the Materials for any purpose; or (c) copy, reproduce, republish, upload, post, transmit or distribute any of the Materials in any way, except that you may download one copy of the Materials on any single computer for you personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.
5. Nature of Information. The information contained on this Site has been collected and/or prepared by Pacific Screening as a service to its visitors. None of the information on this Site is intended to constitute professional advice. While Pacific Screening has used reasonable efforts to verify that the information on the Sites is useful to its visitors, Pacific Screening does not warrant or guaranty its accuracy or timeliness. The information included in pacificscreening.com is presented in summary form, is for general informational purposes only.
6. General Disclaimer of Warranties. All information and other Material is provided "AS IS" and without warranties of any kind, either express or implied. To the maximum extent permitted by applicable law, Pacific Screening disclaims all warranties, express and implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, course of dealing and non-infringement. Pacific Screening does not warrant that the functions contained in any Site or in the Materials will be uninterrupted or error free, that defects will be corrected or that the Sites, any Materials or any server(s) used by Pacific Screening are free from viruses or other harmful components. Pacific Screening does not make any representations regarding the use, validity, correctness, accuracy, reliability or truthfulness of the Site, any Materials or any sites linked to or from any of the Site.
7. Linking Disclaimers and Warning. The Site may include links to Web sites owned and operated by others ("Third Party Web Sites"). The Third Party Web Sites are generally created and owned by other parties and are the responsibility of those persons and not of Pacific Screening. Consequently, Pacific Screening cannot and does not represent or warrant the validity, correctness, accuracy, reliability or truthfulness of any Third Party Web Sites. Although Pacific Screening may periodically attempt to verify the accuracy of Third Party Web Sites, Pacific Screening will not be liable for any inaccuracies, inclusions, exclusions, omissions, typographical errors or other inaccuracies of any information included in the Third Party Web Sites. Just as when you purchase a product or service from persons listed in your telephone directory, you should exercise appropriate discretion, good judgment and caution in relying on information in any Third Party Web Sites. You bear all risk associated with the information in Third Party Web Sites, and your use of any such information is subject in all respects to these Terms. Pacific Screening reserves the right to terminate any links to other sites without notice.
8. Limitation of Liability. Under no circumstances, including without limitation negligence, will Pacific Screening be liable for any direct, indirect, special, incidental or consequential damages, including without limitation, loss of data or profit, arising out of the use or inability to use the Sites or the Material, even if Pacific Screening has been advised of the possibility of such damages. If your use of the Site or the Materials results in the need for service, repair or correction of equipment, software or data, you assume all cost related to that service, repair and correction. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. By using a Site, you agree that Pacific Screening's maximum aggregate liability to you for all claims arising from use of the Site or any Materials is limited to $50.
9. Transmissions. Pacific Screening will treat all messages, material, information or ideas (the "Transmission") you transmit to or post on any Site by any means, as non-confidential and non-proprietary, and Pacific Screening may use or disclose those Transmissions for any purpose, including without limitation developing, manufacturing and marketing goods and/or services. However, Pacific Screening will handle all personal data provided to Pacific Screening in the manner provided in Pacific Screening's Privacy Policy By sending any Transmission to any Site, you agree that (a) the Transmission does not (i) violate any law, regulation or third party right; (ii) contain any nudity, pornographic or other adult material; (iii) contain any obscenities or material that libels, slanders or defames any person, facility or product; (iv) invade the privacy of any person, infringe the proprietary rights of any person, constitute an unfair or improper trade practice or other wrongful business conduct; (v) contain any instructions or discussions about illegal activities; (vi) encourage or promote any illegal activity or racism; (v) promote or utilize software or services designed to deliver unsolicited e-mail or to circumvent protective technologies in violation of law; (b) you will not (i) use any Site for any commercial purpose, including without limitation advertisements; (ii) solicit funds, goods or services; (iii) solicit other visitors to any Site to join or become a member of any commercial online club, service or other organization; (iv) post chain letters or pyramid schemes; (v) post a link to any site that contains or does any of the prohibited actions described in subsection (a) above or this subsection (b); or (c) you will not impersonate another person. By sending any Transmission to any Site or to us, you automatically grant (or warrant that the owner of such rights has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium or technology now known or later developed. In addition, you warrant that all "moral rights" in those Transmissions have been waived.
10. No License. Except as expressly provided otherwise in these Terms, nothing in any Site, including these Terms, grants, by implication, estoppel or otherwise, any license or right to use any Materials without the prior written permission of the owner of the Materials.
11. Taxes. Unless you provide Pacific Screening with a valid and correct tax exemption certificate applicable to any goods or services provided by Pacific Screening or through any of the Site, you, the user, will be responsible for all sales and other taxes associated with those goods and/or services, however designated, except for Pacific Screening's franchise tax and taxes on Pacific Screening's net income.
12. Governing Law. These Terms and all claims, disputes and controversies that may arise in connection with these Terms and the Sites will be governed by the internal laws of the State of Oregon without regard to its choice of law rules. In no event will these Terms or any claims, disputes or controversies in connection with these Terms or the Site be governed by any international treaty or convention, including without limitation, the Convention for the International Sale of Goods.
13. Entire Agreement. This is the entire agreement between you and Pacific Screening relating to the subject matter of these Terms. These Terms may not be modified in any way except in a writing signed by both you and a duly authorized officer of Pacific Screening.