TERMS OF USE

Welcome to the Oregon State Bar Professional Liability Fund website.  By accessing or using any part of the Oregon State Bar Professional Liability Fund ("PLF") website and any other digital services operated or used by the PLF from time to time (collectively referred to as the "Site") you agree to comply with and be bound by these Terms of Use ("Terms of Use"). Please read these Terms of Use carefully as well as the PLF's Privacy Policy. If you do not agree to the Terms of Use and the Privacy Policy, you must immediately terminate use of the Site.

GENERAL TERMS OF USE

1. License Grant.  You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Site conditioned on your continued acceptance of, and compliance with, these Terms of Use.  The information on this Site is provided to help Oregon attorneys improve their practices and minimize the likelihood of being sued for malpractice.   You may use and modify the information contained on the Site and the PLF Content (as defined below in the section labelled “Proprietary Rights”) to aid in your practice of law.  Any uses, modifications, reproductions, rebroadcasts, sales or dissemination of the information contained on the Site and the PLF Content that are not intended to aid in your personal practice of law are prohibited unless you obtain the written permission of the PLF or the owner of such content if the PLF is not the owner.  For reprints or permissions, contact the PLF at tanyah@osbplf.org. 

Further, you may not (i) use the Sites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Site, including the PLF Content; (ii) interfere with the proper working of the Site including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design; or (iii) interfere with any other person's use and enjoyment of the Site.
The PLF reserves the right to bar, restrict or suspend any user's access to the Sites, and/or to terminate this license at any time for any reason. The PLF reserves any rights not explicitly granted in these Terms of Use.

2. Your Acceptance; Revisions to Terms of Use. The Site is available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and the PLF regarding your use and access to the Site.  By using the Site you agree to the Terms of Use.

The PLF reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the Site. Your use of the Site signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the Site. No revision to these Terms of Use shall apply to a controversy or claim of which you or the PLF had actual notice of on or before the date of any such revision.

3. User Obligations. You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Site and not interfere with the use and enjoyment of the Site by other users or with 's operation and management of the Site. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Site. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, reserves the right to terminate your access and use of the Site. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Site, or defame or otherwise harm any party through your use of the Sites.

In addition you also agree that you will not use our Services to:

(a) upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(c) upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(d) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

(e) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and

(f) intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law.

(g)  Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
(h)  Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

4. Term and Termination. These Terms of Use will take effect at the time you begin using the Site. The PLF reserves the right, with or without notice, at any time and for any reason to deny you access to the Sites or to any portion thereof, and to terminate these Terms of Use.  The PLF reserves the right, in its sole discretion, to terminate your access to the Site or any portion thereof at any time, without notice.

LINKS, ACCESS AND INFORMATION RELATED TO OTHER SITES

1. Direct Access to The Oregon State Bar Website. The Site may provide links to, or directly connect users who are logged in to the Site to pages on the Oregon State Bar’s website for your convenience.  The Oregon State Bar website is maintained by the Oregon State Bar and not by the PLF.  The PLF does not exercise control over the content on the Oregon State Bar website.  By logging into the PLF website, users who are connected to the Oregon State Bar website through the PLF Website are bound by the Terms of Use, Copyright Notice and Privacy Policy contained on the Oregon State Bar website.   These can be found at http://www.osbar.org/.  

2. Third Party Information. The Site may discuss or link to materials, information, products, and services provided by third parties, including, but not limited to the American Bar Association and the Oregon State Bar. Any such information, including, but not limited to, articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the Site are those of the respective third party and not of the PLF.  The PLF makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.

3. Products or Services Provided by Third Parties. The Site may contain information, discussion about or descriptions of products or services provided by third parties which are not affiliated with the PLF, including, but not limited to the American Bar Association.  The inclusion of such information on the Site does not imply endorsement of these products or services. The PLF shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such information on the Site.  Further, the PLF shall not be responsible or liable for the statements or conduct of any of the third party’s whose product or services may be discussed or described on the Site. You shall be solely responsible for any correspondence or transactions you have with any third party.

4. Links to Third Party Websites. The Site may provide links to other sites on the Internet for your convenience. These other sites are maintained by third parties over which the PLF exercises no control. The appearance of any such third party links is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk.

5. Links to Social Media Sites. The PLF provides links to social media profiles on sites such as Twitter, LinkedIn, Google+ and various blogging sites. On those social media profiles, content and links to other Internet sites should not be construed as an endorsement of the organizations, entities, views or content contained therein. The PLF is not responsible for content or links posted by others.

YOUR INFORMATION AND PRIVACY

1. Personal Login Information. Certain features and areas of the Site are available only with registration, login, such as an Oregon State Bar membership number. If you are required to register and select a unique login and password ("Personal Login Information"), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances.  The PLF is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact the PLF immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information,  please contact us at webmaster@osbplf.org.

2. Privacy Policy. The PLF’s Privacy Policy is incorporated herein by reference. For information about the PLF’s data protection practices and the PLF's use and protection of your personal information, please read the PLF's Privacy Policy which is incorporated into and made a part of these Terms of Use.

USE OF CONTENT ON THE SITE

1. Proprietary Rights. The content of the Site includes (i) the PLF's copyrighted materials, trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "PLF Marks"); and (ii) writings, compilations, information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Sites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "PLF Content").  The PLF Content is the property of the PLF, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations.  You may use and modify the information contained on the Site and the PLF Content (as defined below in the section labelled “Proprietary Rights”) to aid in your personal practice of law.  Any uses, modifications, reproductions, rebroadcasts, sales or dissemination of the information contained on the Site and the PLF Content that are not intended to aid in your personal practice of law are prohibited unless you obtain the written permission of the PLF or the owner of such content if the PLF is not the owner.  For reprints or permissions, contact the PLF at barbaraf@osbplf.org.  The PLF reserves the right to require any party sharing the PLF content to discontinue, disable or remove the content should its use violate the PLF's policies, rights or cause interruption or deterioration of the PLF Content.

2. No Legal Advice and Disclaimer as to Accuracy of Information. The information on the Site and the PLF Content are for informational purposes only, and is not legal advice or a substitute for legal counsel.

The information contained in the Site and the PLF Content may or may not reflect the most current legal developments; accordingly, information on the Site are not promised or guaranteed to be correct or complete, and should not be relied upon as such. As legal advice must be tailored to the specific circumstances of each case, nothing provided on the Site or the PLF Content should be used as a substitute for advice of competent counsel. The materials on the Site and the PLF Content do not constitute legal advice and do not necessarily reflect the opinions of the PLF.

3. No Intent To Establish A Standard of Care: The information on the Site and the PLF Content are for informational purposes only and do not establish, report, or create the standard of care for attorneys in Oregon.   

EXCLUSION OF LIABILITY AND DISCLAIMER OF WARRANTIES

1. Responsibility for Use of the Internet and Websites and Exclusion of Liability. Use of the Internet and the Site is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, the does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Sites over the Internet or other communication network. The PLF shall not be obligated to correct or update the Site or the PLF Content and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the Site.

2. Warranties Disclaimed. Liability Disclaimer:  THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PLF SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE PLF MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PLF SITE AT ANY TIME. ADVICE RECEIVED VIA THE PLF SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

THE PLF AND/OR ANY OF ITS SUPPLIERS, MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE PLF SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE PLF AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

THE LIABILITY OF THE PLF IS LIMITED IN ACCORDANCE WITH OREGON LAW, THE OREGON TORT CLAIMS ACT AND THE OREGON CONSTITUTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PLF AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PLF SITE, WITH THE DELAY OR INABILITY TO USE THE PLF SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PLF SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE PLF SITE. 

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLF SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLF SITE.

3. Use of Websites and Content outside of the United States.  The PLF makes no claims regarding access or use of the Sites or the PLF Content outside of the United States. If you use or access the Sites or the PLF Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.

4. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the PLF from and against all claims arising from or in any way related to your use of the Site and/or the PLF Content, a violation by you of these Terms of Use, or any other actions connected with your use of the Site and/or the PLF Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney’s fees. The PLF will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the PLF other than under this Section.

5. Governing Law: To the maximum extent permitted by law, this agreement is governed by the laws of the State of Oregon, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Multnomah County, Oregon, U.S.A. in all disputes arising out of or relating to the use of the PLF Site.  Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded.  Use of the PLF Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the PLF as a result of this agreement or use of the PLF Site.

The PLF's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the PLF's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the PLF Web Site or information provided to or gathered by the PLF with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the PLF with respect to the PLF Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the PLF with respect to the PLF Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.

6. Waiver and Severability. Failure to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

7. Complete Agreement. These Terms of Use, together with any revision, any Additional Terms or Conditions incorporated by reference, constitutes the entire agreement between you and the relating to the Site and its use by you, and supersedes any previous written or oral communication regarding use of the Site.

CONTACT INFORMATION

If you have any questions or comments relating to these Terms of Use, you may contact us.

By mail:

Webmaster, WEBSITE TERMS OF USE
Professional Liablity Fund
16037 SW Upper Boones Ferry Road
PO Box 231600
Tigard, OR 97281

By e-mail: webmaster@osbplf.org

By phone: 503.639.6911