Effective May 27, 2018.
You are welcome to send us comments concerning the Site via the Contact Form, and to contribute content to the site by submitting comments to blog posts and web pages. You relinquish any intellectual property rights that you may have in any such comments and contributions. You warrant that such comments and contributions do not infringe upon the intellectual property rights or any other rights of others and that Pomcor may use them as if they were in the public domain.
If you are a copyright owner and you believe that content present on the Site infringes on your copyright, please contact the designated agent for Pomcor listed in the DMCA Designated Agent Directory, or contact us via the Contact Form.
By using the Site, you may expose the Client Device to malicious software, also known as “malware”. Malware may infect your Client Device, destroy or disclose to an attacker data present in your Client Device, use your Client Device to attack other computers on the Internet, perform unauthorized online activities on your behalf, or cause other harm. Malware may be present in third-party sites that are accessed via the Site. Pomcor provides access to such third-party sites, but is in no way responsible for their contents. Malware may even have infected, and be present in, the Site itself. While Pomcor takes precautions against such infection by malware, no such precautions can be 100% effective.
You agree to fully accept the risk of malware and to hold Pomcor, its agents, employees, officers, successors and assigns harmless from and against any cost or expense, including but not limited to attorneys’ fees incurred at arbitration, at trial or on any appeal, which may be incurred in connection with malware.
You accept and take upon yourself the risk that any information provided by the Site or the Search Facility may be inaccurate or contain errors.
ALL INFORMATION AND SERVICES PROVIDED BY THE SITE ARE PROVIDED ON AN “AS-IS,” “AS-AVAILABLE” BASIS ONLY. POMCOR DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NONINFRINGEMENT.
IN NO EVENT WILL POMCOR INCUR ANY LIABILITY OF ANY KIND IN CONNECTION WITH ANY USE OF THE SITE, OR OF ANY OTHER SITE TO WHICH THERE IS A LINK IN THE SITE.
This Agreement shall be deemed executed in the State of Oregon and shall be interpreted and construed in accordance with the laws of the State of Oregon relating to contracts made and performed therein. Venue shall be proper only in the County of Multnomah, State of Oregon, USA.
The failure of either party to insist upon strict compliance by the other party with any of the terms of this agreement shall not constitute a waiver of future violations of the same or any other term.
If any provision of this Agreement is judicially declared to be invalid, unenforceable or void by a court of competent jurisdiction, such decision shall not have the effect of invalidating or voiding the remainder of this Agreement, and the part(s) of this Agreement so held to be invalid, unenforceable or void shall be deemed stricken, and the Agreement will be reformed to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. The remainder of this Agreement shall have the same force and effect as if such part or parts had never been included.
In the event that any action, suit or legal proceeding is initiated or brought to enforce any or all of the provisions of this Agreement, the prevailing party shall be entitled to such attorneys’ fees, costs and disbursements as are deemed reasonable and proper by an arbitrator or court. In the event of an appeal of an initial decision of an arbitrator or court, the prevailing party shall be entitled to such attorneys’ fees, costs and disbursements as are deemed reasonable and proper by the appellate court(s).
All limitations on our liability and on your use of Pomcor materials, as well as the indemnity provisions, shall survive any termination of this Agreement or of your use of the Site.