Terms & Conditions


TERMS AND CONDITIONS

Welcome to Portlandcargo.com (the “Site”). Portlandcargo.com is the official website for Portland Cargo and its affiliates. We encourage you to read the following Terms and Conditions (the “Terms”) governing your use of and purchase of products from the Site. By accessing and using the Site, you signify your consent to these Terms in their entirety, in addition to any other law or regulation that applies to the Site, the Internet, and/or the World Wide Web. If you do not agree to these Terms in their entirety please leave the Site. 


OWNERSHIP OF CONTENT

The Site is owned and operated by Portland Cargo. All of the content featured or displayed on the Site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("Content"), is owned by Portland Cargo, its licensors and/or its content providers. All elements of the Site including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Portland Cargo, no portion or element of the Site or its Content may be copied or retransmitted via any means and the Site, its Content and all related rights shall remain the exclusive property of Portland Cargo or its licensors unless otherwise expressly agreed.


COPYRIGHT AND TRADEMARKS

The copyright in all Content is and remains owned by Portland Cargo, except as may be otherwise indicated in specific documents within the Site, you are authorized to view, play, print and download documents, audio and video found on the Site for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. Except as authorized under the law relating to copyright, you may not reuse any Content without first obtaining the consent of Portland Cargo. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on the Site.

In the event you download software (including but not limited to screensavers, icons, videos and wallpapers) from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Portland Cargo. Portland Cargo does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Portland Cargo retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

All trademarks, service marks and trade names of Portland Cargo used herein (including but not limited to the word mark "Portland Cargo" or the Portland Cargo logo) are trademarks or registered trademarks of Portland Cargo or its affiliates, unless stated otherwise. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Portland Cargo trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without Portland Cargo's prior written consent. The use of Portland Cargo trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Site in any external internet site or the creation of links, hypertext, links or deep links between the Site and any other internet site, is prohibited without the express written consent of Portland Cargo.


DISCLAIMER OF WARRANTIES

This website and all elements thereof are provided on an "as is" basis without warranty of any kind, express or implied. Portland Cargo disclaims all warranties, express and implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. If you rely on this website or any information, product or service available through this website, you do so at your own risk. Portland Cargo does not warrant that the site will operate or perform in a manner that is uninterrupted or error-free, or that the site or host server will be maintained free of viruses or other harmful code. Portland Cargo makes no warranties that the information, products and services presented on the site are current, up-to-date, or accurate. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law.


LIMITATION OF LIABILITY

Your use of the site is at your own risk. Neither Portland Cargo, nor any of its affiliates, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the site will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the materials on the site, including damages caused by viruses or any incorrectness or incompleteness of the information on the site, or the performance of the products, even if Portland Cargo has been advised of the possibility of any such damages. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions and limitations may not apply to you.


INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Portland Cargo, its affiliates, officers, directors, employees, agents, and suppliers from and against all claims, demands, expenses, damages, and costs, including reasonable attorneys fees, resulting from your use of this Site, your conduct in connection with the Site, or your violation of these Terms, any law or the rights of any third party.


LINKS TO THIRD PARTIES

For your convenience and to improve the usage of the Site, links to websites that are owned and controlled by third parties may be provided from time to time. These links take you outside Portland Cargo's service and off the Portland Cargo Site and are beyond Portland Cargo's control. This includes links to partners that may use Portland Cargo's logos as part of a co-branding agreement. The sites you can link to have their own separate privacy policy and although Portland Cargo seeks to protect the integrity of its Site, Portland Cargo is not responsible and cannot be held liable for the content and activities of these sites. You therefore visit and access these sites entirely at your own risk. Please note that these other sites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those websites prior to using them.


PARTICIPATION DISCLAIMER

From time to time Portland Cargo makes it possible to view and distribute content generated by you, for instance through "Tell a Friend" or e-postings or sending postcards to others persons. If you make use of this you acknowledge that Portland Cargo only acts as a passive conduit for the distribution and is not responsible and liable for the content of the communications and materials generated by you or other users. Portland Cargo reserves the right at its sole discretion to block or remove any communications and materials it believes is not in accordance with these Terms, or otherwise unacceptable to Portland Cargo.


CHANGES TO THE TERMS

Portland Cargo reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Site following the posting of changes to these terms (including the Portland Cargo Privacy Policy) will mean you accept those changes.


APPLICABLE LAW AND JURISDICTION

You agree that any legal action brought against Portland Cargo shall be governed by the laws of the State of Oregon without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the Portland Cargo sites shall be an appropriate federal or state court located in Oregon.