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 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 and the public records within the Public Notice Database. 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.
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 ONPA 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.
3. USE OF CONTENT ON SITE
PublicNoticeOregon.com grants you permission (which may be revoked at any time for any reason or no reason) to view this site and to download or print individual pages of this site solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such content. No other use is permitted. You may not, for example, incorporate the content in any database, compilation, archive or cache. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, reuse, resell, trade, license, create derivative works from, transfer, sell, or otherwise exploit for any commercial purposes any information, software, products or services obtained from this site. You may not engage in any screen scraping, database scraping, or spidering, or collection of personally identifiable information, or use of any other automated means to collect information from the site. You may not use any software, tool, or other device (such as browsers, spiders, or avatars) to search the site, other than the search functionality offered through the site or other generally available web browsers. Any rights not expressly granted herein are reserved.
4. 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.
5. 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.
6. 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.
7. 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.
8. ATTORNEYS' FEES
You agree that if the ONPA brings a lawsuit against you for breach of these Terms and if ONPA wholly or partly prevails in such lawsuit, you shall pay ONPA its reasonable attorneys’ fees and costs incurred in connection with such lawsuit.
9. LIQUIDATED DAMAGES
You agree that if you violate the Terms, or you encourage or induce or otherwise aid and abet others to do so, you will be jointly and severally liable to ONPA for liquidated damages as follows: (a) for incorporating the site content in any database, compilation, archive or cache--$100 per public notice affected or $10,000 per incident, whichever is greater; (b) modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, reusing, reselling, trading, licensing, creating derivative works from, transferring, selling, or otherwise exploiting for any commercial purposes any information, software, products or services obtained from this site--$100 per public notice affected or $10,000 per incident, whichever is greater; and/or (c) engaging in any screen scraping, database scraping, or spidering, or collection of personally identifiable information, or use of any other automated means to collect information from the site or using any software, tool, or other device (such as browsers, spiders, or avatars) to search the site, other than the search functionality offered through the site or other generally available web browsers--$100 per public notice affected or $10,000 per incident, whichever is greater. You will be liable for these damages or, if it can be calculated, the actual costs and actual damages for breach of these Terms, whichever is greater You agree these amounts are: (i) not a penalty, (ii) because actual damages can be difficult to calculate, a reasonable estimate of ONPA’s damages, and (iii) do not otherwise limit ONPA’s ability to recover under any legal theory or claim. You also agree that copying the public notices will irreparably harm ONPA and entitle ONPA to injunctive or equitable relief, in addition to monetary damages.
10. 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.
11. 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.
12. 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.