Terms Of Use
THESE TERMS OF USE (“TERMS”) GOVERN YOUR USE OF THE CREATIVE PRO LIST AND THE WWW.CREATIVEPROLIST.COM WEBSITE (“CPL WEBSITE”). THESE TERMS ARE A LEGAL AGREEMENT BETWEEN YOU AND CREATIVE PRO LIST. PLEASE READ THESE TERMS IN THEIR ENTIRETY BEFORE YOU CONTINUE TO USE THE CPL WEBSITE.
- No Warranty Regarding Accuracy of Information. While Creative Pro List strives to provide accurate information and content on the CPL Website, Creative Pro List has no control over the truth, accuracy or completeness of listings on the CPL Website, or over the quality of services provided by the persons or companies listed. You acknowledge you will be relying on your own due diligence in engaging a person or company listed on the CPL Website, and agree that neither Creative Pro List not its owners, officers, employees or agents make any representations or warranties as to the truth, accuracy, or completeness of the listings on the CPL Website or the reliability or quality of services of the persons or companies listed.
- Third Party Links. The CPL Website may include links to other websites; however, these other websites are not controlled by Creative Pro List and Creative Pro List is not responsible for any content contained on any such websites or any loss you may suffer arising out of your use of such linked websites. You waive any and all claims against Creative Pro List, its owners, officers, employees and agents arising out of or relating to links to outside websites, your use of those Web sites, or any content contained on any of those websites.
- Information Submitted by You. If you have submitted content and/or information for an advertisement or listing on the CPL Website, you represent and warrant to Creative Pro List that (a) you own the content and/or information submitted, and such content and/or information does not violate any copyright, trademark or other intellectual property rights of any other party, (b) any content or information you submit is not confidential information or subject to any restriction on disclosure, and (c) the information and/or content you submit is not inflammatory, obscene, or offensive, or in violation of any applicable laws.
- Disclaimer; Limitation of Warranties. THE CPL WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS”, AND CREATIVE PRO LIST EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. CREATIVE PRO LIST WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE CPL WEBSITE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOUR USE OF THE CPL WEBSITE, AND THE CONTENT AND INFORMATION AVAILABLE AT THE SITE, ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CREATIVE PRO LIST NOR ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES WILL BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, ARISING OUT OF YOUR USE OF, YOUR INABILITY TO USE, OR THE PERFORMANCE OF THIS SITE OR THE CONTENT ON THIS SITE WHETHER OR NOT CREATIVE PRO LIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT PREJUDICE TO THE FOREGOING LIMITATION, THE AGGREGATE LIABILITY OF CREATIVE PRO LIST TO YOU USER UNDER ANY AND ALL THEORIES, INCLUDING BUT NOT LIMITED TO CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR PRODUCT LIABILITY, SHALL IN NO EVENT EXCEED THE AMOUNT YOU PAID TO Creative Pro List DURING THE IMMEDIATELY PRECEDING SIX-MONTH PERIOD.
- Indemnification. You shall indemnify Creative Pro List, its officers, directors and agents against any losses, expenses (including reasonable attorney fees), costs or damages incurred by any of them as a result of your breach of any of your obligations or representations under these Terms, any inaccuracies or misrepresentations in any information you provide to Creative Pro List for an advertisement or listing on the CPL Website, or any unauthorized, improper or illegal use of the CPL Website or the information or content available on the site.
- Modification of Terms or Website. Creative Pro List reserves the right at any time, and without any liability to you, to amend, modify or restate these Terms, and to modify, add to or remove from the CPL Website and to alter its content, features, specifications, capabilities and/or functions.
- Termination. Creative Pro List reserves the right at any time without notice and without liability to terminate your right to use the CPL Website, and if applicable to remove your advertisement or listing from the CPL Website for any reason in Creative Pro List’s sole discretion. In the event of such termination, if you have paid Creative Pro List a fee for an advertisement or listing on the CPL Website, your fee for the current period will be refunded unless the termination is due to your breach of these Terms. Termination of your rights, or removal of your advertisement or listing as described above, shall not relieve you of any of your obligations arising or accruing prior to such termination or removal. The provisions of Sections 4, 5 and 7 through 10 will survive termination.
- Ownership of Website. This Website, together with all content and images contained in this Website, are the property of Creative Pro List, and Creative Pro List claims a copyright in such property. Copyright © 2024, Creative Pro List. All rights reserved.
- Trademarks. “Creative Pro List” and the Creative Pro List logo are trademarks of Creative Pro List. Certain other company names used in this Website are or may be the trademarks of their respective owners.
- Miscellaneous. These Terms will be governed by the laws of the State of Oregon. Any action or proceeding arising from or relating to these Terms shall be brought in a federal court in the State of Oregon or in state court in Washington County, Oregon, and you irrevocably submit to the jurisdiction and venue of any such court in any such action or proceeding. If any legal action is brought to enforce these Terms, the prevailing party will be entitled to receive reasonable attorney’s fees, court costs, and other collection expenses, in addition to any other relief it may receive, in any bankruptcy case, arbitration proceeding or court case. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of these Terms is determined to be unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.