Welcome to the website for Clackamas County Tourism dba Oregon's Mt. Hood Territory ("we," "us," "Oregon's Mt. Hood Territory"), an Oregon state nonprofit organization. These Website Terms of Use apply to our website at www.mthoodterritory.com, and your access to and use of any applications, services, content or links on it (collectively, the "Site"). You may use the Site subject to (a) the following notices, terms, and conditions and (b) our Privacy Policy (together, the "Terms").
Please note that these Terms are a binding legal agreement between you, the individual accessing the Site and Oregon's Mt. Hood Territory. By continuing to use the Site, you agree that your use of the Site constitutes your acceptance of and agreement to these Terms (including the Privacy Policy). If you do not agree to comply with the Terms, please do not access the Site.
Age and Responsibility.
By accessing and using the Site, including any services we offer, you represent that you are at least 18 years old or older, if legally required, to enter into any agreements through the services we offer on the Site.
Privacy and Your Personal Information.
Use of certain functions on the Site (e.g. requesting a Visitors Travel Planner, requesting that your event be added to the Oregon's Mt. Hood Territory calendar, entering a sweepstakes) may require you to submit certain Personal Information; also, if you email us apart from these functions, we may store your emails, including your email address. For the purposes of these Terms, "Personal Information" means any information that by itself or in connection with other information we collect allows us or anyone to identify you. Personal Information includes, without limitation, first names and last names, telephone numbers, addresses, and email addresses. Submission of your Personal Information is entirely voluntary and only required to use those particular portions of the Site that request it; we do not collect Personal Information if you are just accessing and viewing content on the Site. Please be sure to review our Privacy Policy which describes in more detail the types of information we collect and how we use it.
Privacy and Protection of Children and Teens.
We take protection of the privacy of legal minors very, very seriously and in order to adhere to the Children's Online Privacy Protection Act ("COPPA") we will not knowingly collect any Personal Information from children under 13 or knowingly allow children under 13 to register for any portions of the Site requiring registration. If we learn that we have collected Personal Information from a child under 13 we will immediately remove that information from the Site.
Cross-Border Data Transmission.
Oregon's Mt. Hood Territory is headquartered in the United States of America ("USA") and all of our primary data storage and processing facilities are in that country. If you are accessing the Site from another country, please note that all data we collect will be transmitted outside of your country and into the USA, where it will reside and be processed. In addition, your data may pass through or be temporarily stored or processed in countries beyond your country and the USA. By continuing to access this Site, you explicitly consent to have your data so transmitted and stored. Please review our Privacy Policy to see what types of data we collect, transmit, process and store.
Copyright Notice
Except for any content you provide to us via the Site, ownership of which is discussed below, all content on the Site (including text, graphics, logos, icons, images, downloadable files, article posts, and video clips) (the "Oregon's Mt. Hood Territory Content") is the exclusive property of Oregon's Mt. Hood Territory or its content suppliers or partners and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Oregon's Mt. Hood Territory and is also protected by U.S. and international copyright laws. We permit you to use the Site for personal purposes. You may not use the site for commercial purposes—i.e. to generate income for yourself. Any other use, including the copying, sale, modification, distribution, transmission, republication, display, or performance, of the Oregon's Mt. Hood Territory Content, or any other content on the Site, is strictly prohibited. For copyright inquiries, including reprint rights, please contact the info@mthoodterritory.com.
Service Mark.
OREGON's MT. HOOD TERRITORY is the service mark of Oregon's Mt. Hood Territory. All other servicemarks mentioned on the Site are the property of their respective owners. The servicemarks and logos displayed on this Site may not be used without the prior written consent of Oregon's Mt. Hood Territory or their respective owners.
Restrictions on Use of the Site.
As mentioned above, you may only use the Site for personal reasons or to engage in legitimate commercial transactions proposed on the Site. You agree that you will only use the Site for lawful purposes and will also not use the Site for any purpose not specifically permitted under these Terms, including, without limitation, using bots or spiders to scrape any content, or using code intended to frame or impermissibly add content to the Site.
User Content.
There are a few places on the Site where we invite your submissions; we hope you choose to participate! Here are the terms about any content (including text, images and graphics) ("User Content") you provide to us via certain functions on the Site. Please note that if you choose to submit your event for inclusion into our on-line calendar (see https://www.mthoodterritory.com/calendar-of-events-form), you will be asked to provide a description of your proposed event, which we consider User Content.
Responsibility.
You are solely responsible for your User Generated Content (including any liabilities) and, subject to these Terms, may be required to indemnify Oregon's Mt. Hood Territory from any claims arising or relating to such User Content. Also, you are responsible for any User Content posted using your name, email address or other account information we may require, whether you authorized that use or not. Please be sure to keep any user names and passwords you use on our Site secret.
License.
In addition, and except for any Personal Information, our use of which is governed by our Privacy Policy, you grant Oregon's Mt. Hood Territory a perpetual, irrevocable, fully-paid up, worldwide license to copy, modify, compile, alter, maintain, store, create derivative works from and otherwise use all your User Content for any purpose at any time, to be determined in our sole discretion. You understand and agree that you are not entitled to any payment for Oregon's Mt. Hood Territory's use of your User Content in any form. You further agree to waive, to the maximum extent permitted by law, any and all right of attribution or any other "moral right" which may vest in your User Content.
Right to Use.
If you upload User Content to the Site, this will constitute your representation and warranty that you have the lawful right to distribute and reproduce your User Content.
Prohibited Content.
We have determined that certain User Content is prohibited on our Site ("Prohibited Content"). You agree that you will not submit any Prohibited Content, which is any User Content that:
is illegal or encourages or solicits illegal behavior, including any User Content that infringes any third-party intellectual property rights;
is obscene, harassing, pornographic, inflammatory, profane or bigoted;
contains any virus, Trojan Horse or similar code designed to disrupt the Site, our systems or other computers or applications;
contains any Personal Information other than your own.
Remedies for Violation of the Terms.
If we learn that you have violated these Terms, including posting Prohibited Content or making unauthorized use of it, we may, in addition to any other rights or remedies available to us and without any liability whatsoever, terminate or restrict your access to the Site. If we do so, the license we granted you above will be considered terminated.
Third-Party Content and Links.
We may, from time to time, post articles, videos or other content provided by guest authors, hoteliers, restaurants, or other people and we may also allow partners to post content on the Site and provide links to sites and content of third parties (collectively the "Third-Party Content") for those interested in this information. Unless specifically indicated on the Site near the Third-Party Content, we do not control, endorse or adopt any Third-Party Content or the third-parties that provide it, and we make no representation or warranties of any kind regarding the Third-Party Content, including its accuracy. You acknowledge and agree that we are not responsible, and will not be held liable for, such Third-Party Content. Finally, if you choose to click on a third-party link to visit another website, you acknowledge and agree that the third-party who owns or operates the website's terms of use and privacy policy, or similar policies—and not Oregon's Mt. Hood Territory's—will govern your use of that site.
Indemnification.
You agree to defend, indemnify and hold us, any underlying carrier or network provider and any of our affiliates, officers, directors, employees, and assigns harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of your use of the Site, including your submission of User Content, or your violation of these Terms. You further agree to pay our reasonable attorneys' and expert witnesses' fees and costs arising from any actions or claims hereunder and those incurred in establishing the applicability of this section.
The Site, and all Oregon's Mt. Hood Territory Content, Third-Party Content and other materials, information, products and services included in or made available in connection with the site are provided "as is," with no warranties whatsoever. We expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. We also disclaim any warranties regarding the accuracy, security, reliability, timeliness, availability, compatibility and performance of the site and information thereon. We further disclaim any warranties for any information or advice obtained through any content on the site. Finally, we disclaim any warranties for services or goods received through or advertised on the site or in connection with the site or received through any links provided on the site, as well as for any information or advice received through any links provided on the site.
Assumption of Risk. You agree that your use of the Site and all User Content or other information you provide or submit shall be at your sole risk.
Waiver of Claims. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST OREGON's MT. HOOD TERRITORY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WITH RESPECT TO OUR SITE AND ANY CONTENT ON THE SITE (INCLUDING USER CONTENT), AS WELL AS ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
Limitation of Liability.
Oregon's Mt. Hood Territory will not be liable under any theory of law, for any and all damages, claims, or causes (such as, but not limited to, punitive damages, breach of contract damages, loss of profits, business interruption, loss of information or data or costs of replacement goods) arising out of or relating to your use or inability to use the Site or resulting from use of or reliance on the information present, even if we may have been advised of the possibility of such damages. The exclusion of damages under this section is independent of your exclusive remedy and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) negligence, or (4) any other cause of action. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In any event, Oregon's Mt. Hood Territory's aggregate liability shall not exceed $100.00
Remedy.
If you are dissatisfied with the Site, you do not agree with any part of these Terms, or you have any other dispute or claim with or against us with respect to these terms or the site, then your sole and exclusive remedy is to discontinue using the Site.
Limitation of Liability Not Permitted.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Governing Law, Jurisdiction and Venue.
These Terms are governed by the laws of the State of Oregon, United States, without giving effect to its conflicts of laws principles. You consent to accept these Terms under the applicable laws of the State of Oregon, and agree that any disputes arising under these Terms will be subject to the courts of competent jurisdiction therein. Venue for any such disputes will be in the courts of Clackamas County, Oregon and you agree that venue is convenient.
Changes. We reserve the right to make changes to the Site, these Terms and any other disclaimers, terms, or conditions on the Site at any time and without notice to you. Any such changes will be incorporated into these Terms and considered binding.
Questions. Please contact us if you have any questions about these Terms or any other legal guidelines.
