Legal Terms

 

TERMS AND CONDITIONS OF USE

QUICK GUIDE TO CONTENTS

INFORMATION ABOUT PMTDA
BINDING AGREEMENT
CHANGES TO THE TERMS
INFORMATION ABOUT YOU AND VISITS TO OUR WEBSITE
LICENSE, ACCESS AND USE OF THE WEBSITE
OTHER APPLICATIONS, PRODUCTS AND SERVICES AVAILABLE ON OUR WEBSITE
INTELLECTUAL PROPERTY RIGHTS
DISPUTE RESOLUTION
CHOICE OF LAW
DISCLAIMER
THIRD PARTY BENEFITS
COMPLETE AGREEMENT
INVALID PART DOES NOT INVALIDATE THE WHOLE
WAIVER AND RESERVATION OF RIGHTS

 

THE WEBSITE IS ONLY INTENDED FOR VIEWING IN THE CONTINENTAL UNITED STATES IF YOU ARE EIGHTEEN (18) YEARS OR OLDER AND NOT A MINOR IN YOUR STATE OF RESIDENCE. If you are not an intended viewer, kindly do not use or view Portland Metro Toyota Dealers Association’s Website (the “Website”).

 INFORMATION ABOUT PMTDA

Welcome to this Website operated by the Portland Metro Toyota Dealers Association, which means the Portland Metro Toyota Dealers Association and its subsidiaries from time to time and their subsidiaries, ("we" "us", "our" or "PMTDA" as the context permits).

Details about us are set out on our home page. If you have any questions regarding the Terms and Conditions of Use, you should contact the PMTDA via the contact page.

BINDING AGREEMENT

The Terms of Conditions of Use represent a binding contract between you and PMTDA (the “Agreement”)

CHANGES TO THE TERMS

We reserve the right at all times to vary, change, alter, amend, add to or remove any of these terms. Please ensure that you review these terms each time you use the Website as each and every time you access this Website you shall be deemed to have agreed to the then-current Terms and Conditions of Use.

The current draft of the Terms and Conditions of Use was adopted and published on April 1, 2014.

INFORMATION ABOUT YOU AND VISITS TO OUR WEBSITE

The Website's practices governing any resulting collection, use and processing of your personally identifiable information (“Personal Information”) are disclosed in the Privacy Policy. By using the Website, you acknowledge and accept the Website's Privacy Policy and consent to the collection, use and processing of your data in accordance with the Privacy Policy and you warrant that all data you provide is accurate.

You may opt-in to receive marketing materials from PMTDA, including news and information. It is completely voluntarily to opt-in to receive these materials. If you opt-in to receive information from PMTDA, you may be required to provide your personally identifiable information ("Personal Information"). Please see our Privacy Policy for more information on what constitutes and how we protect your Personal Information.

If you opt-in to receive information from PMTDA, you agree to provide true, accurate and complete information about yourself or your dealership as prompted by the online or mobile forms. You may also have the opportunity to register for an account on the Website ("Account") to access and use certain features of the Website. If we have reasonable grounds (as determined by us in our sole discretion) to suspect that the Personal Information you provide for opt-in or registration purposes is untrue, inaccurate or incomplete, we have the right to refuse, with or without notice, any and all current or future requests you make through the Website and/or to suspend or terminate your Account.

You may also opt-out of receiving any marketing materials from PMTDA at any time by clicking here.

Your selection and use of an account user name and password, and any other information required for security access and authentication purposes, are subject to these Terms and Conditions of Use. You agree not to share your user name, password, and any security-related information with anyone. You are responsible for all use of your account and for ensuring that access to and use of your account comply fully with these Terms and Conditions of Use. You acknowledge and agree that any use of your account through your user name, password and security information shall be deemed to be your actions which we may rely upon. You are solely responsible for protecting the confidentiality and security of your account.

We shall have no liability associated with or arising from your failure to maintain accurate Personal Information in connection with your account, including, but not limited to, your failure to receive critical information about PMTDA and/or the Website.

LICENSE, ACCESS AND USE OF THE WEBSITE

These Terms and Conditions of Use govern your use of the Website, regardless of how you access or use it. These Terms and Conditions of Use may also apply to interactive features, portals, widgets, applications, content or downloads that are owned and/or operated by us, are available through the Website or that interact with the Website and post links to these Terms and Conditions of Use.

Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period.

We will use our reasonable endeavors to make the Website available but cannot guarantee that the Website will operate continuously or without interruptions or be error-free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of the Website and in particular you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device. You are also advised to use the appropriate antivirus software before and during access to the Website.

PMTDA grants you a limited, non-exclusive, non-transferable, revocable right and license to access and use the Website for your own personal non-commercial use, subject to your compliance with these Terms and Conditions of Use, including, without limitation, the restrictions on use of the Website. PMTDA may, in its sole discretion, suspend, discontinue or terminate this license to you at any time for any reason. We may restrict access to some parts of the Website to users who have registered with us.

As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions of Use or reproduce or distribute any portions of the Website for any commercial use except as authorized by these Terms and Conditions of Use.

OTHER APPLICATIONS, PRODUCTS AND SERVICES AVAILABLE ON OUR WEBSITE

The use of particular software applications, if any, on the Website, and/or contracts for the provision of products or services formed through the Website, are governed by separate terms and conditions, in addition to these terms.

INTELLECTUAL PROPERTY RIGHTS

PMTDA owns all rights, title, and interest, and/or has a valid right to use and sublicense the Website and all content on the Website, including, without limitation, all trademarks, service marks, logos, and trade names used on the Website (collectively, "Trademarks").

You may access any part of the Website and download or copy material (by printing off individual pages onto paper) or download material on to disk (but not on to any server or other device connected to a network) for personal non-commercial use only. The intellectual property rights in such material shall be retained by PMTDA or, where the material has been licensed to PMTDA, by the owners of the rights in the material.

Links to the Website are not permitted, other than links to the homepage for your personal use, except with our prior written permission. Links to the Website from within a frameset definition are not permitted except with our prior written permission.

You may not remove any copyright, trademark or intellectual property notices contained in the original material from any material downloaded or copied from the Website.

Copying, distributing or any use of the material contained on the Website for any commercial purpose is prohibited.

You may not create a database by systematically downloading substantial parts of the Website.
The Website contains Trademarks which belong to PMTDA or which have been licensed to PMTDA by the trademark owners. Any use of these trademarks by you is forbidden unless prior written permission has been obtained from the trademark owner. PMTDA will take legal action against any individual or organization which seeks to use PMTDA's Trademarks for unlawful purposes.

Any rights not expressly granted in these terms, or any document referenced in them, are reserved to PMTDA.

DISPUTE RESOLUTION

YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE WEBSITE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THIS PROVISION DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO.

For any problem or dispute that you may have with PMTDA, you acknowledge and agree that you will first give PMTDA an opportunity to resolve your problem or dispute by sending a written description of your problem or dispute to PMTDA at:

Nichols & Associates
4614 Southwest Kelly Avenue, Suite 200
Portland, Oregon 97239

You then agree to negotiate with PMTDA in good faith about your problem or dispute. If your problem or dispute is not resolved satisfactorily within sixty (60) days after PMTDA’s receipt of your written description of it, you agree to the further dispute resolution provisions below.

You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of any of the Website and these Terms and Conditions of Use shall be final and binding arbitration, through the Arbitration Service of Portland, in accordance with its rules, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate any of PMTDA’s or any third-party’s patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by the third-party(ies). You and we acknowledge that the Terms and Conditions of Use affect interstate commerce and that the Federal Arbitration Act and federal arbitration laws apply to arbitrations under the Terms and Conditions of Use (despite any other choice of law provision).


Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You and we agree to pay our own fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.

YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do not agree to this mandatory arbitration provision with regard to your use of the Website, then prior to accessing and/or using the Website, you may opt-out of this part of the Terms and Conditions of Use by sending written notification to the following address:

Nichols & Associates
4614 Southwest Kelly Avenue, Suite 200
Portland, Oregon 97239

WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND PMTDA BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.

CHOICE OF LAW

These Terms and Conditions of Use shall be construed and interpreted in accordance with Oregon law.

DISCLAIMER

PMTDA has taken care to ensure that the information on the Website is correct. However, no warranty, express or implied, is given as to its accuracy and PMTDA does not accept any liability for error or omission. PMTDA is not responsible for how the information is used, how it is interpreted or what reliance is placed on it. We do not guarantee that the information on the Website is fit for any particular purpose. You should also be aware that the availability of courses of study is subject to conditions applied by individual institutions at their sole discretion.
The content of the website is for general information only and does not constitute any form of advice or recommendation upon which a specific decision should be made. PMTDA has taken steps to ensure the materials contained on its website are current and accurate, but to the fullest extent permitted by law PMTDA hereby excludes any warranty, whether express or implied, by statute at common law or otherwise, relating to the website and the material contained on the website. In particular (but without limitation of the above), PMTDA gives no warranties as to quality, accuracy, timeliness, completeness or fitness for a particular purpose of the Website or of the material contained in it.

To the fullest extent permitted by law, PMTDA shall not be liable for any claims, costs, penalties, loss (whether direct, indirect or consequential and whether economic or special loss of any nature), damages or expenses arising from the use or from the inability to use the website. PMTDA does not accept liability from reliance on information or advice contained on the website or from any unauthorized access or alteration to the website by a third party.

Nothing in these terms and conditions shall exclude liability for death or personal injury directly caused by the negligence of PMTDA, nor any other liability which cannot be excluded or limited under applicable law.

The Website includes links to external websites. These links are provided to help you find additional information quickly and easily. PMTDA accepts no responsibility for the content of these websites and specifically excludes (to the fullest extent permitted by law) all liability that may arise with respect to or as a result of such material causing damage, costs, injury or financial loss of any kind. PMTDA cannot be responsible for the protection and privacy of any information that you provide whilst visiting these websites.

Even though the Website may from time to time contain advertising material, PMTDA does not endorse or accept any liability for any of the products or services so advertised, or for any error or inaccuracy in the advertisements. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with all relevant laws.

THIRD PARTY BENEFITS

These terms are not intended to confer any benefit on a third party.

COMPLETE AGREEMENT

The Terms and Conditions of Use along with its corresponding Privacy Policy represent the entire Agreement between you and PMTDA related to the use, access and all related matters of the Website.

INVALID PART DOES NOT INVALIDATE THE WHOLE

If any provision of the Terms and Condition of Use is found to be invalid by any Court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of the Terms and Conditions of Use which shall continue to have full force and effect.

WAIVER AND RESERVATION OF RIGHTS

The failure by us to exercise any right or remedy under these terms and conditions shall not constitute a waiver of that right or remedy.

Any rights not expressly granted in these terms, or any document referenced in them, are reserved to PMTDA.