Terms and Conditions

Terms of Use: Porsche Club of America – Oregon Region Website
Revised 1/1/2020

Welcome to the Porsche Club of America – Oregon Region (“ORPCA”) website. The website runs on the WordPress platform. It was developed by ORPCA in collaboration with Ovoya LLC, a Florida Limited Liability Company (“Oyova”). This website helps to support the operation and activities of the club.

All users are subject to the following terms and conditions of use. By accessing or using this website and/or mobile app, you agree that you have read, understand and agree to be bound by these Terms of Use. This document was written as plainly as possible, but some legalese is unfortunately necessary.

1. Use of this Website
You agree to use this website only for lawful purposes related to your membership or possible membership in ORPCA, or related to your pursuit of the activities and programming supported by ORPCA. You agree that you will NOT use it to:
1. Upload or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable according to the community standards of your club.
2. Violate the legal rights of others (including their right to privacy) or violate the laws of any jurisdiction.
3. Impersonate any person or entity, including, but not limited to, an ORPCA administrator, or misrepresent your affiliation with a person or entity.
4. Upload or otherwise transmit data that you do not have the legal right to upload or transmit, that violates any patent, trademark, trade secret, or copyright, or that contains a virus or deliberately corrupted data. You acknowledge that you have full rights to transmit the data that you upload or post, and you accept full responsibility for its legality, reliability and appropriateness.
5. Collect information about others (including contact information and e-mail addresses) for any purpose not directly relating to club activities without their consent.
6. Upload, store, maintain, forward or display adult content, including documents and images of a lewd or lascivious nature. This website and the messages, documents, and images it contains may be viewed by children, so all users share responsibility for ensuring that content is appropriate.
7. Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by your club administrators, may harm ORPCA or Oyova or users of the website, or expose them to liability.
The administrators of ORPCA reserve the right to remove any information or material from the website, without explanation, which we determine at our sole discretion, to be incompatible with the above restrictions, including anything that we believe, through our own research or notification by others, may constitute copyright infringement. These actions will be performed on a best-efforts basis. The administrators of ORPCA cannot review all material that is posted to the website, nor guarantee that objectionable material is immediately removed. Therefore, neither ORPCA nor Oyova assume liability for any action or inaction regarding such material uploaded to the website, or indeed, for the content itself.

If you believe that your intellectual property is being violated by something on this website, please notify ORPCA immediately with sufficient documentation to allow us to identify the infringing material and its location, as well as your claim and authority to file this notification, and your contact information.

2. Your Account
If you are a member of ORPCA or a registered user of this website, you will receive a username and password which are used to log into your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your account. If you are accessing this website from a shared computer (such as in a public library), you must be careful to log out of the account and close the browser before leaving the workstation. If you suspect that your account has been compromised in any way, you must notify ORPCA immediately. ORPCA will not be liable for any loss or damage arising from your failure to comply with the provisions in this section.

3. Privacy and Protection of Personal Information
ORPCA’s collection, storage and use of your personal information is described in the Privacy Policy, which is incorporated by reference into this Terms of Use document.
ORPCA collects and uses your personal information to operate the ORPCA website and deliver the services you have requested.
ORPCA keeps track of the pages our members visit within ORPCA web site, in order to determine how our services are used. This data may be used to deliver customized content, advertising, or other purposes within ORPCA.
We may collect information about your computer hardware and software. This information can include: your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by ORPCA for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the ORPCA website. This information does not personally identify you or your exact location.
Please keep in mind that if you disclose personally identifiable information or personally sensitive data through ORPCA public message boards (Forums or Community), Technical Q&A or any other feature of the website or Service, this information may be collected and used by others without our control.
ORPCA will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on ORPCA or the site; or (b) protect and defend the rights or property of ORPCA; or, (c) act under exigent circumstances to protect the personal safety of users of ORPCA, or the public.
ORPCA secures your personal information from unauthorized access, use or disclosure, except as otherwise noted in this Policy. ORPCA secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
The ORPCA website use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your computer. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the ORPCA services or functionality.

4. Club Information Posted on the Website
Events are organized and sponsored by ORPCA and/or a parent club or other chapter of the parent club. Some information on this website regarding events may be provided by the event sponsor or organizer. ORPCA has not verified or certified the accuracy or completeness of this information and will not be liable for any errors or omissions. You also agree to hold ORPCA and its agents harmless from any liability or injury arising from or related to your participation in such events.

Your club provides a library of past events and driving tours. The information in these postings is provided by the member or non-member who created the post. ORPCA has not verified or certified the accuracy or completeness of this information and will not be liable for any errors or omissions. You also agree to hold ORPCA and its agents harmless from any liability or injury arising from your use of this information.

Your club may activate WordPress Plugins to post available jobs or classified ads for products and services being sold by members. The information in these postings is provided by the member or non-member who created the post. ORPCA has not verified or certified the accuracy or completeness of this information and will not be liable for any errors or omissions. You also agree to hold ORPCA and its agents harmless from any liability or injury arising from your use of this information.

Your club may activate WordPress Plugins to provide online discussion forums where members can exchange information with each other on different topics. The information in these postings is provided by the member who created the post. ORPCA has not verified or certified the accuracy or completeness of this information and will not be liable for any errors or omissions. You also agree to hold ORPCA and its agents harmless from any liability or injury arising from your use of this information.

5. Mobile App
Your club may activate a Mobile App in addition to the club web site that allows you to interact with other members using your smartphone or tablet. Some of the information displayed on the mobile app, including chat sessions, member locations, member directory information, events, and polls, is provided by other members of your club. ORPCA has not verified or certified the accuracy or completeness of this information and will not be liable for any errors or omissions. You also agree to hold ORPCA and its agents harmless from any liability or injury arising from your use of this information.
In using the mobile app you agree that any and all terms of use of the ORPCA website apply to your use of the mobile app as well.In using the mobile app, you may elect to display personal information to other members or to see personal information provided by other members. You agree that your use of this information will be governed by the Privacy Policy referenced above.

6. Credit Card Transactions
This website supports credit card transactions of various kinds. You acknowledge that you have carefully reviewed the summary of charges for each transaction before selecting the link or button to finalize the transaction. Credit card transactions may appear on your statement using an abbreviated name for your club or using “Stripe” (the payment gateway we are using for our web site). If you do not understand a credit card transaction, contact us. If there has been an error, we will reverse the transaction.

Refund policies are described in the description of the club activity, merchandise or membership dues item you select to purchase. If you want a refund, contact us.

7. Copyright Restrictions / Use of Content
The contents of this website, including documents, web pages and photos, as well as club-specific logos and graphic images, are copyrighted by ORPCA and are protected by US and international laws regarding copyrights and trademarks. You agree that all messages and information that you post to this website become the property of ORPCA and may be used as it sees fit.

The organization of this website, including its templates, graphic themes, screen organization, forms, interactivity, database structures and middleware programming, is copyrighted by, and a valuable trade secret of ORPCA and is likewise protected by US and international laws regarding copyrights, trademarks and intellectual property rights.

You are authorized to use this information as a member or prospective member of ORPCA. You may not use this information to create competing or derivative works, nor may you distribute it to others as if it were your own. You are not permitted to reproduce, sell or use this information for any commercial purposes without ORPCA’s written permission. You are also not permitted to resell or otherwise distribute the products and services provided by ORPCA without ORPCA’s written permission.

This website may provide a facility which allows you to upload photos of club events or activities, and which allows other members to reproduce these photos for their own enjoyment but not for commercial purposes. When you upload a photo to the site, you agree to allow such non-commercial reproduction. When you download a photo from this site you agree that you will not use it for commercial purposes without first obtaining permission from the uploader.

8. Trademarks
ORPCA and any logos, slogans, tag lines or trademarks of ORPCA are private property and may not be used in any commercial manner without written permission from ORPCA.

Other product or service marks contained herein are used for identification purposes only and may be registered trademarks or trademarks of their respective owners.

9. Disclaimer of Warrantees and Limitation of Liability
THIS WEBSITE IS PROVIDED BY ORPCA ON AN “AS IS” AND “AS AVAILABLE” BASIS. ORPCA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE, WHICH HAVE NOT BEEN INDEPENDENTLY REVIEWED FOR ACCURACY, COMPLETENESS OR SAFETY.

IF YOU RELY ON ADVICE OR INFORMATION PROVIDED ON THIS WEBSITE, YOU EXPRESSLY AGREE THAT YOU ARE DOING SO ENTIRELY AT YOUR OWN RISK. ORPCA EXPLICITLY DISCLAIMS ANY LIABILITY FOR INJURY OR DAMAGES RESULTING IN ANY WAY, DIRECTLY OR INDIRECTLY, FROM THE USE THEREOF.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ORPCA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

ORPCA DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL OR MESSAGES SENT FROM THIS WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR THAT YOUR ACCESS TO THIS WEBSITE AND ITS SERVERS WILL BE RELIABLE, ERROR-FREE, OR UNINTERRUPTED.

ORPCA WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND OR NATURE ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, RESULTING IN PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, LOST DATA, OR OTHER ERRORS OR OMISSIONS.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

10. Disputes
With the possible exception of a violation or threatened violation of ORPCA’s intellectual property rights, any dispute related to your use of this website, or to products or services purchased or obtained through this website, shall be settled by arbitration in accordance with the rules of Arbitration Service of Portland, Inc. then in force. Arbitration shall be the parties’ exclusive means of dispute resolution, and the decision of the arbitrator(s) shall be final and binding upon the parties. Judgement may be entered on the arbitration award in any court having jurisdiction. The parties shall share the expenses of the arbitration equally, unless the arbitrator(s) determines that the expenses shall be otherwise assessed.
As outlined in the Privacy Policy referenced above, you also have rights under international data protection regulations, including the right to be deleted from ORPCA’s database, the right to object to processing, and the right to complain to a local Data Processing Authority.

11. Indemnification
You agree to indemnify and hold harmless ORPCA and their respective officers, directors, shareholders, employees, agents, affiliates, third party information providers, licensors and others involved in the development or maintenance of this website, or the delivery of products or services through the website, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of these Terms of Use or your use of this website, or of any products, services or information obtained from this website.

12. Comments and Submissions
ORPCA welcomes your ideas for improving this website or for adding new features that would benefit club members and visitors. However, please understand that we may already be working on similar features or talking to other vendors who offer this capability.

If you have a business proposition for us, please contact our President rather than submitting it through this website. Any comments, ideas, suggestions, or feedback that you submit to ORPCA cannot be treated as confidential or proprietary and can be used or disclosed by either organization as it sees fit. The submission of such information does not limit or prevent the purchase or use of similar products, services or ideas from any other party or vendor.

13. Third Party Links
This website may contain links to other locations on the Internet not controlled or managed by ORPCA. ORPCA is not responsible for the quality, accuracy or content of the information, products, services or policies of these websites. Your use of such websites is at your own risk and subject to the terms and conditions of use for such websites. A reference or link from this website to any products, services, events or information by trademark, trade name or manufacturer does not constitute or imply an endorsement, sponsorship or recommendation and cannot be referenced as such without the written permission of ORPCA.

14. Termination
If you are a member of the club, ORPCA reserves the right to close your account if you do not renew your membership when it is due to expire, in accordance with club policies posted on the website and in renewal notices sent by email or regular mail.

The administrators of ORPCA also reserve the right to terminate access to this website and refuse service to users who violate these Terms of Use or who we reasonably believe are not intending to use the platform for its intended purpose, and to pursue legal remedies against persistent or serious offenders.

15. Miscellaneous Provisions
The use and operation of this website shall be governed by the laws of the State of Oregon without regard to conflict of law provisions. If you sign up for membership, register for an event, make a donation, or purchase products and services through this website from another country, you do so in accordance with US law.

If a court should hold any provision of this Agreement invalid or unenforceable, such provision shall be modified to the minimal extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions shall remain in full force and effect.

If you have any questions, comments, or concerns about this Terms Of Use, please contact us at: [email protected].