Disclaimer & Legal Notices
Eastport Property
Eastport Plaza Shopping Center, LP is not responsible for damages or theft, nor tickets issued by City of Portland regulatory agencies. There is no overnight parking. Violators will be towed at owner’s expense. Contact Retriever Towing (503) 222-4763. There is no skateboarding or panhandling allowed on the property. Violators are subject to any and all repercussions allowable by law.
Website Terms of Use
Copyright 2013. Eastport Plaza, L.P.
Reproduction of any material contained in this website (the “Site”) is strictly prohibited and the use of such material is subject to the following Website Terms of Use. The Privacy Policy and any other policies referenced herein are incorporated into these Website Terms of Use by this reference. YOU AGREE TO READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE EACH USE OF THIS SITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT USE THIS SITE.
Conditions of Use
You will not use this Site in any way that is contrary to these Website Terms of Use, or that is unlawful or harms Eastport Plaza, L.P., sub-licensees, resellers, distributors, service providers, advertisers and/or suppliers or any customer thereof, other users of this Site, this Site, or the network to which it is connected, as determined in our sole discretion. Without limiting the foregoing, you agree that you will access and use this Site for your personal use only.
Intellectual Property
Materials published by Eastport Plaza Shopping Center, L.P., (“Eastport Plaza,” the “Company,” “we” or “us”) on the Site may contain proprietary notices or describe products or services owned by the Company and/or third parties. Nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of the Company, its affiliates and/or any third party. Neither the Company nor its affiliates will be responsible for any third party material.
The information contained on the Site is proprietary to the Company and its providers and is protected under federal and state intellectual property laws and international treaty provisions. You may not provide this Site to third parties by way of sale, lease, sublicense, file transfer or through a networked or time-sharing environment.
The Eastport Plaza name and logo contained herein is owned by Eastport Plaza. All merchant/tenant logos and trademarks are used with permission and are registered by their respective owners.
Consent to Monitoring and Disclosure
We are under no obligation and do not assume any obligation to monitor the information residing on or transmitted to the Site. However, you agree that we may monitor the Site to operate the Site in order to protect the users of the Site and comply with all laws, regulations or requests from governmental authorities. We reserve the right to modify or delete any information contained on the Site.
All information provided by you to the Company in connection with the Site (and not otherwise covered as confidential under the Company’s Privacy Policy) shall be deemed not to be confidential and we will not protect any such information provided by you from disclosure. We shall be free to use, disclose and distribute such information to third parties without any limitation.
Disclaimer of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION PROVIDED BY THE COMPANY OR ITS EMPLOYEES SHALL CREATE ANY WARRANTY. THE COMPANY DOES NOT WARRANT THAT THE INFORMATION ON THIS SITE OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THIS SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF SUCH MATERIAL OR DATA.
WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION DISCLOSED ON THIS SITE OR OTHER MATERIAL ACCESSIBLE FROM THIS SITE. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, DIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ON THIS SITE OR THE INTERNET GENERALLY.
If you are dissatisfied with this Site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using this Site.
If any part of these Terms of Use 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 these Terms of Use shall continue in effect.
No Endorsement
References on the Site to any products, services or website links of any third parties shall not constitute or imply an endorsement of such products, services or Web sites by the Company. The Company makes no representations and is not responsible for the quality, legality, decency, or any other aspect of the products, services or Web sites provided by third parties that may be referred to on the Site.
Access To The Site
At present, eastportplaza.com is not a membership-based site. All anonymous users have unrestricted access to all content currently available. Should we include membership services in the future, we reserve the right, in our sole and absolute discretion, to terminate, suspend or restrict your access to this Site, unilaterally and without notice, in the event you violate any of the Website Terms of Use. In addition, if asked to do so, you agree that you will not attempt to access this Site. We also reserve any and all remedies at law or equity in connection with any violation of the Website Terms of use. You agree, at your own expense, to indemnify, defend and hold the Company (and its subsidiaries, affiliates, officers, directors, agents, employees and third parties providing content) harmless from and against any claim or demand and all losses incurred related to the use of the Site.
Security
You agree that you will comply with any security processes and procedures (such as passwords) specified by the Company with respect to access to or use of the Site. Further, you agree not to access or attempt to access any areas of or through this Site that are not intended for general public access, unless you have been provided with express written authorization by the Company. You agree that you will not disrupt the functioning of this Site or otherwise act in a way that interferes with other users’ use of the Site.
Anti-Spam Policy
Users of this Site shall not use this Site to transmit unsolicited e-mail messages, including without limitation, unsolicited bulk e-mail, where such e-mails could reasonably be expected to provoke complaints (“spam”). Further, you are prohibited from obtaining the service of another provider to send spam to promote a site hosted on this Site.
More Information
For further information relating to the issues contained in these Terms and Conditions or questions or problems regarding the Site, please click on Contact Us.
Dispute Resolution
The Site is a service provided, controlled and operated by Company, which has its principal place of business in the state of Oregon, United States of America. We make no representation that the Site is available or appropriate for users in all jurisdictions. You acknowledge that users access the Site on their own initiative and are responsible for compliance with applicable laws, regulations and treaty provisions. These terms and conditions and your agreement to be bound by them shall, to the maximum lawful extent, be governed by and construed in accordance with the laws of the state of Oregon without reference to principles of conflicts of laws. YOU AND WE AGREE THAT THE STATE AND FEDERAL COURTS LOCATED IN THE STATE OF OREGON SHALL BE THE EXCLUSIVE FORUM FOR THE RESOLUTION OF ALL DISPUTES BETWEEN YOU AND US RELATING TO YOUR USE OF THE SITE. YOU AND WE HEREBY CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WAIVE THE RIGHT TO A TRIAL BY JURY. If the forgoing exclusive forum provision is unenforceable or inapplicable to a dispute between you and us, you and we agree that such dispute shall be resolved and finally settled by mutually binding arbitration conducted in accordance with the commercial arbitration rules of the American Arbitration Association by one arbitrator appointed in accordance with said rules. To the extent permitted by said rules, the location of the arbitration shall be in Portland, Oregon. The arbitrator shall apply Oregon law without reference to conflict of laws principles.
Changes
We may amend these terms and conditions from time to time without prior notice. If we make material changes to these terms and conditions we will announce that we have made changes on the Website. Your continued use of the Website after such announcement will constitute your acceptance of the new terms and conditions.