ENTER YOUR SITE TERMS AND CONDITIONS HERE

THE OREGON THERAPIST

TERMS OF USE

Last Modified: May 24, 2025

These terms of use are entered into by and between you and The Oregon Therapist LLC (“Company,” “we,” or “us”). The following terms and conditions (these “Terms of Use”), together with any documents they expressly incorporate by reference, govern your access to and use of www.theoregontherapist.com (our “Website”), including any text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, content and other materials provided, made available or otherwise found on our Services (collectively, “Content”), functionality, and services offered on, through, or by our Services (collectively, our “Services”), whether as a guest or a registered user.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION, AS THIS AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS ON DAMAGES YOU MAY CLAIM AGAINST US AND INDEMNIFICATION OBLIGATIONS YOU OWE TO US.

By using our Services, or by clicking to accept or agree to these Terms of Use when the option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy [https://theoregontherapist.com/privacy-policy/], incorporated herein by reference. If you do not want to agree to these Terms of Use or our Privacy Policy, you must not access or use our Services.

Our Services are offered and available to users who are 18 years of age or older and reside in the state of Oregon. By using our Services, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use our Services.

Important Disclaimer: We Do Not Provide Medical Advice

Our Services are provided for informational purposes only. All Content—even if provided by individuals in the medical field—is: (a) not intended to be medical advice or instructional for medical diagnosis or treatment; (b) not intended to be complete or to replace personal consultation with a qualified healthcare professional; and (c) not a substitute for the advice of your physician or other qualified health provider(s).

You should always seek the advice of your physician or other qualified health provider regarding any questions you may have regarding a health or medical condition, and you must never disregard, avoid or delay obtaining professional medical advice from your physician or other qualified health provider(s) because of our Services or any Content therein. You acknowledge that while some Content may be provided by individuals in the medical field, the provision of such Content does not create a medical professional/patient relationship, and does not constitute a medical opinion, medical advice, or diagnosis or treatment, but is provided for informational purposes only. The Content is not intended to substitute or replace any other diagnostic or therapeutic services. Reliance on our Services and any Content is solely at your own risk. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING OUR SERVICES OR ANY CONTENT CONTAINED THEREIN, WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF OUR SERVICES OR THROUGH ANY OTHER COMMUNICATIONS.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of our Services thereafter.

Your continued use of our Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing our Services and Account Security

We reserve the right to withdraw or amend our Services, including any Content therein, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Services are unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of our Services to users, including registered users.

In order to access certain parts and areas of our Services, you will be asked to provide certain registration details or other information. It is a condition of your use of our Services that all the information you provide is correct, current, and complete. You agree that all information you provide to us when use our Services, including the information you provide at the time of registering an account with us, is governed by our Privacy Policy [https://theoregontherapist.com/privacy-policy/], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Transactions

We may require you to pay a fee to access certain parts of our Services (for example, we may require a subscription fee to use certain features). We may make available the ability to pay such fees through the Services (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, and your billing address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions, and you authorize us and our service providers to charge all amounts to the credit card number you provide. Verification of information may be required prior to the acknowledgment or completion of any Transaction. If your credit card payment is rejected or refused, you will immediately pay us the amount due and provide us with an alternative credit card number for future payments.

Complimentary Access Privileges and Referral Group Terms

We, in our sole discretion, may extend complimentary access privileges to verified mental health providers and treatment centers that hold an active license or authorization to practice in the State of Oregon. These privileges may include, but are not limited to:

Lifetime Access for Founding Members
A non-transferable, complimentary membership may be granted to a select group of founding members. This membership will remain valid for the duration of the website’s existence and includes access to post job openings, participate in the Referral Group, access the Provider Private Community, and create and maintain one Directory Listing. Continued access is contingent upon ongoing compliance with these Terms and Conditions.

Promotional Access via Coupons
From time to time, we may issue promotional coupons that provide limited-time access or discounts. These may include coupons for free job postings for a specified period, or temporary access to the Provider Private Community, the Referral Group, and the creation and maintenance of a Directory Listing. All promotional offers are subject to availability, expiration, and modification at our sole discretion.

All complimentary privileges and promotional access may be suspended, altered, or revoked by us at any time, for any reason, including but not limited to violations of these Terms and Conditions.

Referral Group Purpose and Usage Guidelines

Access to the Referral Group, currently provided at no cost to founding members and other verified users as determined by us, is strictly for the purpose of allowing licensed providers or treatment centers to post referral inquiries on behalf of individuals, couples, or families seeking mental health services. Other verified users may respond by voluntarily sharing their professional or organizational information, including current availability, areas of clinical focus, and whether they are accepting new clients.

The Referral Group may not be used for general promotion, advertising, or solicitation unrelated to a specific referral inquiry. All communications within the Referral Group are the sole responsibility of the participating users. It is the responsibility of each user to independently assess the appropriateness and credentials of any prospective referral or professional engagement.

Any unauthorized use of the Referral Group, including unsolicited advertising or violation of these Terms and Conditions, may result in immediate suspension or termination of access at our sole discretion and without prior notice.

Disclaimer and Reservation of Rights

All complimentary access, promotional coupons, and use of the Referral Group are provided on an “as is” and “as available” basis, without any warranties of any kind, express or implied, including but not limited to availability, uninterrupted access, or fitness for a particular purpose.

We reserve the right, in our sole discretion, to impose fees for any feature or service at any time. We may modify, suspend, or revoke any access privilege with or without notice and for any reason, including but not limited to noncompliance with these Terms and Conditions or applicable law.

Intellectual Property Rights

Our Services and Content, including but not limited to all features, functionality, design, selection, and arrangement thereof, are owned by us, our licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of our Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide social media with certain content, you may take such actions as are enabled by such features.

If you wish to make any use of material on our Services other than that set out in this section, please address your request to: [email protected].

You must not:

Make or modify copies of any materials from our Services, including any illustrations, photographs, video or audio sequences, or any graphics.
Delete or alter any copyright, trademark, or other proprietary rights notices from permitted copies of materials from our Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Services in breach of these Terms of Use, your right to use our Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to our Services or any Content on our Services is transferred to you, and all rights not expressly granted are reserved by us. Any use of our Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the term THE OREGON THERAPIST, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of us or our affiliates or licensors. You shall not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on our Services are the trademarks of their respective owners.

Prohibited Uses

You may use our Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use our Services:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, the Health Insurance Portability and Accountability Act (HIPAA) or similar regulations concerning the protection of personal health information).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out below in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Services, or which, as determined by us, may harm the Company or users of our Services, or expose them to liability.

Additionally, you agree not to:

Use our Services in any manner that could disable, overburden, damage, or impair our Services or interfere with any other party’s use of our Services, including their ability to engage in real time activities through our Services.
Use any robot, spider, or other automatic device, process, or means to access our Services for any purpose, including monitoring or copying any of the material on our Services.
Use any manual process to monitor or copy any of the material on our Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of our Services.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services, the server on which our Services is stored, or any server, computer, or database connected to our Services.
Attack our Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of our Services.

User Contributions

Depending on your account’s level of access, our Services may contain message boards, chat rooms, personal webpages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow particular users to post, submit, publish, display, or transmit to others (hereinafter, “post”) materials, job postings, and other Content (collectively, “User Contributions”) on or through our Services.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on our Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above.
All of your User Contributions do and will comply with these Terms of Use.
Any job posting or employment opportunity you list is legitimate, and that you have the legal right to post it including appropriate authorization from your employer or organization where applicable.
You will not post any User Contributions (including job listings or employment opportunities) that are fraudulent, misleading, or involve illegal activities.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the Content or accuracy of any User Contributions posted by you or any other user of our Services.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of our Services or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Services.
Terminate or suspend your access to all or part of our Services for any or no reason, including without limitation, any violation of these Terms of Use.

However, we cannot and do not undertake to review all User Contributions before being posted on our Services and cannot ensure prompt removal of objectionable Content after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or Content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Content Standards

These Content Standards apply to any and all User Contributions and use of our Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Reveal sensitive personal information, such as your health information, government identifiers, and account access credentials.
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy [https://theoregontherapist.com/privacy-policy/].
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

Copyright Infringement

If you believe that any User Contributions or other Content on our Services violate your copyright, please follow the instructions below to send us a notice of copyright infringement. It is our policy to terminate the user accounts of repeat infringers.

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from our Services infringe your copyright, you may request removal of those materials (or access to them) from our Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), if you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Our designated copyright agent to receive DMCA Notices is:

[Parna Mehrbani

Tonkon Torp LLP

Phone: 503-221-1440

Email: [email protected]]

Please be aware that if you knowingly materially misrepresent that material or activity on our Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that material you posted on our Services was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on our Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Reliance on Information Posted

Content is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to or user of our Services, or by anyone who may be informed of any of its Content.

Our Services include Content provided by third parties. All statements and/or opinions expressed in these third-party materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. This Content does not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the accuracy of any Content provided by any third parties, including through any User Contributions.

Changes to our Services

We may update our Services from time to time; Content therein is not necessarily complete or up-to-date, and we are under no obligation to update our Services.

Information About You and Your Visits to our Services

All information we collect on our Services is subject to our Privacy Policy [https://theoregontherapist.com/privacy-policy/]. By using our Services, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

Linking to our Services and Social Media Features

You may link to the homepage of our Website or your public business listing page or a job posting page from our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

Our Services may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on our Services.
Send emails or other communications with certain content, or links to certain content, on our Services.
Cause limited portions of content on our Services to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause our Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Otherwise take any action with respect to the materials on our Services that is inconsistent with any other provision of these Terms of Use.

Our Services from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from our Services

If our Services contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

We are based in the State of Oregon in the United States. We provide our Services for use only by persons located in the United States. We make no claims that our Services or any Content therein is accessible or appropriate outside of the State of Oregon in the United States. Access to our Services may not be legal by certain persons or in certain countries. If you access our Services from outside the State or Oregon or outside of the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF OUR SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES IS AT YOUR OWN RISK. BY VOLUNTARILY UPLOADING CONTENT IN YOUR USER CONTRIBUTIONS, INCLUDING ANY SENSITIVE OR PERSONAL INFORMATION YOU CHOOSE TO DISCLOSE, YOU ACKNOWLEDGE AND AGREE THAT YOU DO SO AT YOUR OWN RISK. WE DISCLAIM ANY RESPONSIBILITY FOR DISCLOSURES ARISING FROM SUCH VOLUNTARY SUBMISSIONS, AND YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT YOU CHOOSE TO SHARE ON IN YOUR USER UPLOADS ON OUR SERVICES. OUR SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT OUR SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS USE AGREEMENT ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE SUBSCRIPTION SERVICE IN THE LAST 12 MONTHS IN THE CASE OF REGISTERED USERS OR ONE HUNDRED U.S. DOLLARS ($100) IN THE CASE OF GUESTS OR REGISTERED USERS WITH FREE MEMBERSHIP PLAN.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of our Services, including, but not limited to, your User Contributions and your use of our Interactive Services, other than as expressly authorized in these Terms of Use, or your use of any information obtained from our Services.

Governing Law and Jurisdiction

All matters relating to our Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or our Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Oregon, in each case located in the City of Salem and County of Marion, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR OUR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE TERMS.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us regarding our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our Services.

Your Comments and Concerns

All other feedback, comments, requests for technical support, and other communications relating to our Services should be directed to: [email protected].