TERMS OF USE

Acceptance of the Terms of Use

These terms of use are entered into by and between You and the Port of Portland (“Port of Portland,” “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of our websites (including but not limited to www.portofportland.com, www.pdxiasc.com, www.pdx.com, and www.flypdx.com) and social media channels (the “Services”).

Please read these Terms of Use carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Statement, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Statement, you must not access or use the Services.

The Services are offered and available to users who are 18 years of age or older. If you are not at least 18, you must not access or use the Services.

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 the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes.

Accessing the Services and Account Security

We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion and at any time without prior notice to you. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services.

You are responsible for: (i) making all arrangements necessary for you to have access to the Services; and (ii) ensuring that all persons who access the Services through your Internet connection are aware of these Terms of Use and comply with them.

To access the Services or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide through the Services is correct, current and complete. You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by our Privacy Statement.

If you choose, or are provided with, a user name, 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 the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, 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.

Intellectual Property Rights

(a) The Services and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Port of Portland, its 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 may not commercially exploit or make the Services available to any third party. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services, except as authorized by these Terms of Use. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Port of Portland, provided that the Port of Portland grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use, access and view the content on the Services as authorized in these Terms of Use. This license is provided solely for your personal, non-commercial use and enjoyment of the Services as permitted in these Terms of Use.

(b) Certain Services may permit you to transmit or upload data, text, designs, graphics images and other information and content (collectively, “User Content”). You retain ownership of any User Content posted or transmitted to or through the Services, but you must grant certain rights to the Port of Portland to use the User Content. Accordingly, you hereby grant to the Port of Portland and its designees a royalty free, perpetual, worldwide, fully paid, nonexclusive, freely transferrable and freely sublicensable license and authority to: (i) use, edit, modify, prepare derivative works of, publicly perform, publicly display, post, transmit, download, transcode, playback, copy, reproduce, distribute, incorporate and otherwise fully exploit the User Content and all intellectual property rights associated therewith in connection with: (i) the Port of Portland’s maintenance, operation, and performance of the Services; and (iii) the Port of Portland’s promotion, marketing and redistribution of the Services and other Port of Portland services and offerings, or parts thereof, in any and all media formats and through any and all media channels. You represent and warrant to the Port of Portland that: (i) you own the User Content which you post or transmit on or through the Services, or otherwise have the legal right to post or transmit such User Content on or through the Services; and (ii) the User Content or the posting thereof to or through the Services does not violate the privacy rights, publicity rights, intellectual property rights, or any other proprietary rights of any third party. The Port of Portland reserves the right to remove any User Content from the Services, as it deems fit in its sole discretion.

Trademarks

The Port of Portland name and all related names, logos, product and service names, designs and slogans used in connection with the Services are trademarks of the Port of Portland or its licensors. You must not use such marks without the prior written permission of the Port of Portland. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

Prohibited Uses

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

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries) (collectively “Laws”).
  • 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 transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “spam” or any other similar solicitation.
  • Modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that the Port of Portland provides to you or any other part of the Services.
  • To impersonate or attempt to impersonate the Port of Portland, a Port of Portland employee, another user or any other person or entity (including, without limitation, by using e-mail 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 the Services, or which, as determined by us, may harm the Port of Portland or users of the Services or expose them to liability.

Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the Port of Portland’s websites or systems, or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
  • Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to interfere with the proper working of the Services.

Monitoring and Enforcement; Termination

We have the right to:

  • 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 the Services.
  • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation any violation of these Terms of Use.

Reliance on Information Posted

The information presented on or through the Services 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 the Services, or by anyone who may be informed of any of its contents.

The Services may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Port of Portland, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Port of Portland. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Updates to the Services

We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Services

All information we collect on the Services is subject to our Privacy Statement. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Statement.

Links from the Services

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites 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 the Services, you do so entirely at your own risk and subject to these terms and conditions of use for such websites.

For clarity, the website http://iflynonstop.com/ is not owned, operated by, or otherwise affiliated with the Port of Portland. The Port of Portland is not responsible for any information posted on such website and is not liable for damages that may arise from its use.

Geographic Restrictions

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

Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. THE PORT OF PORTLAND MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES REGARDING THE COMPLETENESS, QUALITY, ACCURACY OR NATURE OF THE CONTENT OF THE SERVICES, SECURITY OF USER CONTENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PORT OF PORTLAND SHALL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS REGARDING CONTENT DELIVERED THROUGH THE SERVICES OR ANY DELAYS IN OR INTERRUPTIONS OF SUCH DELIVERY. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES.

Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE PORT OF PORTLAND BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY CONTENT ON THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, 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. IN NO EVENT WILL THE PORT OF PORTLAND’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED (1) THE AMOUNTS YOU HAVE PAID TO THE PORT OF PORTLAND FOR USE OF THE SERVICES, OR (2) ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE PORT OF PORTLAND, AS APPLICABLE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE PORT OF PORTLAND AND YOU RELATING TO YOUR USE OF THE SERVICES.

Indemnification

You agree to defend, indemnify, reimburse, and hold harmless the Port of Portland and its employees for, from and against any and all 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 the Services, including but not limited to any use of the Services’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Services.

Copyright Infringement

Anyone who believes that their work has been reproduced in the Services in any way constituting copyright infringement may provide a notice to the designated Copyright Agent for the Services containing the following: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (iv) the address, telephone number, and, if available, an email address at which the complaining party may be contacted; (v) a representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright infringement claims and notices (but not other notices) should be sent to the attention of our Copyright Agent, in the following manner:

by mail:

Port of Portland
Attn: Copyright Agent
Legal Department
7200 NE Airport Way
Portland, OR 97218

by email:

ContactUs@portofportland.com

Please use the same procedure for any claimed infringement of any trademark rights or infringements or misappropriations of other intellectual property or third party rights.

General Terms

All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto will be governed by the laws of the State of Oregon, excluding its conflicts of laws provisions. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use, the Privacy Statement, or the Services shall be instituted exclusively in the federal or state courts located in Multnomah County, Oregon. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

These Terms of Use and our Privacy Statement constitute the sole and entire agreement between you and the Port of Portland with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

Your Comments and Concerns

If you have any questions about this Statement or our use of the information we collect from you in connection with the Services, please contact us.

Last Modified: 04/07/2017