VERSION DATE: SEPTEMBER 14, 2015
Welcome to www.orefonline.com, a website administered by Oregon Real Estate Forms, LLC (the “Site”). Please read the following terms and conditions for using the Site carefully before using the Site. By your use of the Site, you are agreeing to be bound by these terms and conditions (the “Terms”) in exchange for your right to access and use the Site. If you do not agree to abide by all of the provisions contained in the Terms, you must not access or use the Site.
Oregon Real Estate Forms, LLC (“OREF”) may make changes to these Terms from time to time, which will be posted to this page and which will become effective immediately upon posting. By your continued access to and use of the Site, you agree to abide by and be subject to the Terms in effect during each of your visits to the Site.
1. Users. The Site is intended for use by real estate professionals. Visitors to the Site may use the Site for informational purposes, subject to its Terms. The Site is not intended for use by children under the age of 13, and OREF does not knowingly collect personal information from children in this age group.
2. Modifications to Site. OREF reserves the right to modify or discontinue the Site (or any portion of the Site), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. OREF shall not be liable to you or any third party in the event that OREF exercises its right to modify or discontinue the Site (or any portion of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to these Terms.
3. Intellectual Property Rights Notice. Except for the licensed or nominative use of third party trademarks on the Site, all of the trademarks, service marks and logos displayed on this Site are the trademarks of OREF. In addition, all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained on this Site (“Content”) is protected by copyright, trademarks, patents or other proprietary rights and laws. You are only permitted to use Content as expressly authorized by OREF in these Terms. Nothing contained in this Site transfers any right, title or interest in the Site or the Content to you.
You may download, view, copy and print Content from the Site, subject to the following limitations:
(a) The Content may be used solely for the personal or internal business purposes of the authorized user of the Site, and may not be used in whole or in part for commercial use or redistribution;
(b) Any and all copyright, trademark and other proprietary rights notices must appear on all copies of the Content, including the copyright notice at the bottom of the page;
(c) The Content may not be modified or altered in any way;
(d) No graphical images from the Content may be used apart from the accompanying text.; and
(e) You are not authorized to use the Sample Forms contained on the Site in any manner other than for your personal review to determine whether you wish to license OREF Forms. Without limitation, you are expressly prohibited from copying Sample Forms or using them for commercial purposes. Except as provided above, you may not use, download, upload, copy, print, display, perform, reproduce, publish, create derivative works from, license, post, transmit, frame, mirror on another website or web application, use any meta tags, inline any graphics or distribute any Content or information from the Site in whole or in part without the express written permission of OREF. Requests for such permission should be made to http://orefonline.com/contact/. Any rights not expressly granted herein are reserved. Please be advised that OREF enforces its intellectual property rights to the fullest extent of the law.
Certain product, service or company designations for companies other than OREF may be mentioned in the Site for identification purposes only (a “nominative use”). Such designations are often claimed as trademarks or service marks, and in all instances in which OREF is aware of a trademark or service mark claim, the designation appears in initial capital or all capital letters. However, you should contact the appropriate companies for more complete information regarding such designations and their trademark registration status.
4. No Legal Advice. The information on this Site is provided for informational purposes only and is not intended to be, or recommended as a substitute for, legal advice. Always seek the advice of your attorney, tax advisor or qualified real estate professional regarding any real property matters. We may also include on the Site certain information, sample forms, reference materials and notices intended for use by licensed Oregon real estate professionals. These tools are not intended to provide, or to be a substitute for, legal or tax advice. Site visitors should always exercise their own professional judgment and seek appropriate legal and tax advice for all real estate matters. Although OREF will use commercially reasonable efforts to keep the Content of the Site accurate and current, the information may not be accurate or current enough to use as a basis for real estate decisions.
5. User Feedback. OREF is pleased to hear from Site visitors and welcomes your comments regarding the Site. Please be advised, however, that OREF and its employees do not accept or consider, through this Site, unsolicited ideas, including ideas for new services or technologies, processes, contract language or marketing plans. Please do not send your unsolicited ideas or any original materials to OREF or anyone at OREF through this Site. If, despite this request, you send OREF your ideas and materials, please understand that by submitting the information through this Site, you will be deemed to have assigned to OREF, free of charge and perpetually, all worldwide rights, title and interest in the information or materials you submit, including, without limitation, all copyrights and other intellectual property rights. OREF will be entitled to use any information and materials, and the ideas contained therein, that you submit through this Site for any purpose whatsoever without restriction and without compensating you in any way, and by submitting any such information and materials, you represent to OREF that you have the right to do so.
(a) You must promptly notify us when you do so by e-mail at: http://orefonline.com/contact/, specifying the URL of each page from which you will be linking to our home page;
(b) You must not frame the Site or any portion of the Site;
(c) You must not deep link into the Site (i.e., you do not link into any page other than the home page);
(d) The link or hyperlink to the Site must not be used in a way that suggests that OREF endorses you or your website;
(e) The link must be identified using a plain text rendering of the OREF name and not any trademark or OREF logo;
(f) The link or hyperlink to the Site must not be used or presented in any way that disparages OREF or tarnishes, blurs, or dilutes the quality of OREF’s names or trademarks or any associated goodwill; and
(g) You agree that we may terminate your right to link or hyperlink to the Site at any time for any reason or for no reason.
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OREF 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, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, WARRANTIES UNDER THE UNIFORM COMPUTER INFORMATIONAL TRANSACTIONS ACT, AS MAY BE ADOPTED BY ANY JURISDICTION FROM TIME TO TIME, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. OREF MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT OR SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, CONTENT, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT, MATERIALS OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR WEBSITES LINKED TO FROM THIS SITE WILL BE USED OR RELIED UPON AT YOUR OWN DISCRETION AND SOLE RISK. OREF SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL, WRITTEN OR IN OTHER MEDIA, OBTAINED BY YOU FROM OREF OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
8. Limitation of Liability. IN NO EVENT SHALL OREF BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER ARISING UNDER AN ACTION UNDER STATUTE, IN CONTRACT OR IN TORT, SPECIFICALLY INCLUDING CLAIMS OF NEGLIGENCE, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY SERVICES PROVIDED THROUGH THE SITE, EVEN IF OREF WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE. THIS LIABILITY LIMITATION SHALL APPLY TO THE FULLEST EXTENT AUTHORIZED BY APPLICABLE LAW.
9. No Transfer of Site Usage Rights. Your right to use the Site is personal to you. You agree not to reproduce, duplicate, copy, sell or resell the Site or the Content, in whole or in part, without the express written consent of OREF.
11. Indemnity. You agree to indemnify, defend and hold OREF, and its members, shareholders, directors, officers, employees and agents, harmless from any claim, demand, liability, expense or loss, including, without limitation, reasonable attorney’s fees, arising out of or in any way connected with, your use of or access to the Site or your violation of these Terms.
12. Export Restrictions/Legal Compliance. OREF controls this Site from within the United States of America. You may not access, download, use or export the Site or the Content in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.
13. General. In the event that any provisions of these Terms are be determined to be, in whole or in part, invalid, unenforceable or void for any reason, such determination shall affect only the portion of the provision determined to be invalid, unenforceable or void, and shall not affect the remainder of that provision in any way. You agree to allow a court or arbitrator to replace such an invalid, unenforceable or void provision with a valid provision which is as similar as possible in substance to the invalid, unenforceable or void provision. OREF’s failure to act with respect to any breach by you does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
These Terms shall be governed by and construed in accordance with the laws of the State of Oregon without regard to, or application of, its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States shall govern. You hereby consent to personal jurisdiction over you by the state and federal courts located in Multnomah County, Oregon. OREF may assign its rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you.
If either party to the Terms of this Agreement breaches any of the Terms, then the other party shall be entitled to recover all expenses of whatever form or nature, costs and attorney’s fees reasonably incurred to enforce the Terms, whether or not suit is filed, including such costs or fees as may be awarded in arbitration or by a court at trial or on appeal. In addition, in the event either party to this Agreement becomes a debtor subject to the United States Bankruptcy Code, the non-debtor party shall be entitled to recover any expenses, costs and fees, including attorney’s fees, incurred in connection with enforcing its rights against the debtor party, whether those rights arise under this contract or involve matters arising solely under the Bankruptcy Code.
14. Contact Information. If you have any questions regarding these Terms or the Site, please contact OREF at: http://orefonline.com/contact/