Indemnification
You agree to indemnify, defend and hold harmless, The City of Portland and their respective affiliates, as well as each of their respective officers, directors, employees, agents, licensors, representatives, and third-party providers to the Site from and against all claims, losses, expenses, liabilities, damages and costs, including attorneys' fees, arising out of or relating to (i) any violation of this agreement by you and (ii) the use of the Site by you. The City of Portland reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate in asserting any available defenses.
Disclaimer and Limitation of Liability
You hereby agree not to hold The City of Portland their affiliates, and their respective officers, directors, employees, agents, licensors and representatives liable for any service(s) delivered which originated through the Site or was otherwise provided bysomeone affiliated with the Site and you hereby release all such persons from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with such disputes.
THE MATERIALS IN THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE CITY OF PORTLAND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE CITY OF PORTLAND DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU HEREBY SPECIFICALLY ACKNOWLEDGE THAT THE CITY OF PORTLAND AND THEIR RESPECTIVE AGENTS AND EMPLOYEES, OFFICERS OR DIRECTORS AND AFFILIATES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AT YOUR OWN RISK.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL THE CITY OF PORTLAND OR THEIR RESPECTIVE AGENTS AND EMPLOYEES, OFFICERS OR DIRECTORS AND AFFILIATE PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL SUCH PARTIES' AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS SITE, IF ANY.
Customer Information
Your name, address, telephone number and other identifying information are required by the City of Portland for the enrollment of a participant in a recreational program, sale of a pass or facility rental and to be able to contact you, if necessary. If you do not provide the information, the participant may not be able to enroll in the requested program. The information you provide may be subject to the State of Oregon public records requests, released to: persons authorized to have access to the information under state or federal law; persons authorized by court order to have access to the information; persons to whom you have given written consent to have access to the information; and all individuals employed by or entities under contract with the City of Portland who have a need and a right to know the information in order to administer the program.
Access by Minors
By using or attempting to use the Site, you certify that (i) you are a resident of the United States and are at least 16 years of age or, if under the age of 16, your parent has consented to your use of the Site via our consent mechanism as provided to your parent, or (ii) you are not a resident of the United States and are at least 18 years of age or, if under the age of 18, you have the consent of your parent or guardian (over the age of 18) to use the Site. This Site is not directed to children under 13 and does not knowingly collect personal information from children. For information on the Children's Online Protection Act (COPPA), please see: http://www.coppa.org/.
If you do not meet these requirements or, if for any reason, you do not agree with all the terms and conditions contained in these Terms of Use, you must stop using the Site immediately.
The City of Portland encourages parents to use appropriate parental discretion in determining whether to grant authorization to minor children to access the Site. Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on external websites, two of which include GetNetWise and OnGuard Online. Please note that the City of Portland does not endorse any of the products or services listed at such websites.
Mobile Connectivity
Normal carrier charges and taxes may apply to any materials you access from the Site. The City of Portland is not responsible for any surcharges you incur from your cell phone or internet service provider because of the use of the Site. With respect to mobile versions or applications, your carriers normal rates and fees, including text messaging and data fees may apply to your use of the Site or Services. In the event you change or deactivate your mobile telephone number, you will endeavor to update your account information within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
Non-discrimination
The City of Portland complies with all non-discrimination Civil Rights laws including Civil Rights Title VI and ADA Title II. To help ensure equal access to City programs, services and activities, the City of Portland will reasonably modify policies/procedures and provide auxiliary aids/services to persons with disabilities. Call 503-858-9744, TTY 503-823-6868 or Oregon Relay Service 711 with requests, or visit http://bit.ly/13EWaCg
Making Purchases
If you wish to purchase products or services or register on the Site (each, aTransaction), you will be asked to supply certain information applicable to your Transaction, including, without limitation, credit card and other information. You understand that any such information will be treated by The City of Portland in the manner described in our Privacy Policy.You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. In addition to these Terms of Use, your Transaction shall be subject to any Additional Terms applicable to such services, features or purchases. Purchases may be regulated by certain state, county and city laws or regulations. You acknowledge that complying with any such laws is your responsibility, and YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes. You agree that you will only use credit cards belonging to you or for which you are expressly authorized to use. You further agree that you will not attempt to conceal your identity or location by using virtual private networks (VPN's) multiple Internet Protocol (IP) addresses or email addresses. You grant The City of Portland the right to provide any information you submit to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Descriptions or images of, or references to, third party products or services on the Site do not imply The City of Portland's endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); to limit the order quantity on any product or service; and/or to refuse to provide any user with any product or service. Verification of information applicable to a purchase may be required prior to the City of Portland'sacceptance of any order. Price and availability of any product or service are subject to change without notice.
If we are unable to verify or authenticate any information you provide during any registration, ordering, purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your Transaction may be cancelled, we may refuse to honor all pending and future purchases made on such credit card accounts and/or on any online accounts associated with such credit card accounts, and you may be prohibited from using the Site. Charges and Billing. The Site may require payment of access fees. By registering for the Site, you hereby authorize The City of Portland to charge your credit card in advance for all applicable fees incurred by you in connection with your chosen service, purchase or registration for your account. You hereby understand and agree that in most cases, The City of Portland will be charging your designated credit card in accordance with the payment schedule of the Transaction, Service or Event for which you have registered, but some service fees may accumulate on your credit card account before they are charged to your credit card. You further understand and agree that it is your responsibility to notify The City of Portland of any changes to your credit card or if your credit card has expired, otherwise your access to the Service may be disconnected or interrupted. You shall additionally be responsible for and shall immediately pay The City of Portland, on demand, any payments that are made to us that are subject to an unjustified, subsequent reversal. Unless indicated otherwise, all fees shall be paid in U.S. dollars.
The City of Portland reserves the right to change any fees (which includes but is not limited to, charging a fee for passes, options, upgrades and/or a Service for which The City of Portland does not currently charge a fee) or billing methods at any time, provided, however, that such modifications shall not take effect earlier than thirty (30) days after The City of Portland posts such modification on the Site. The City of Portland also has the right to impose premium surcharges for some areas of the Service and these surcharges may apply immediately after you register for the associated service. You may cancel your account or any associated optional or upgraded services therefore at any time, but The City of Portland will not refund any remaining portion of your pre-paid fees and you may be charged an additional cancellation fee.
You agree to pay your account balance on time. Amounts not paid by you to The City of Portland when due may be assessed an additional fee per month if your payment is more than thirty (30) calendar days past due per The City of Portland's Accounts Receivable policies. That amount is also due immediately. You are responsible and liable for any fees, including attorneys and collection fees, that The City of Portland may incur in its efforts to collect any remaining balances due from you. These Terms of Use shall in no way limit any other remedies available to The City of Portland. You also understand and agree that you will be billed for and will pay any outstanding balances if you cancel your account or your account is terminated. You must notify The City of Portland of any billing problems or discrepancies within sixty (60) calendar days after they first appear on your credit card account statement. If you do not notify The City of Portland within sixty (60) calendar days, you waive any right to dispute such problems or discrepancies.
