Liability Disclaimer and User Agreement
for Licensing Management Web Site
(Including Residential Continuing Education)
I. General
The Construction Contractors Board Online Services web site (“Website”) is offered to you, the user (“User”, “You”, or “Your”), by the State of Oregon, acting by and through its Construction Contractors Board (“CCB”), and is conditioned on acceptance of the terms, conditions and notices contained herein, without modification. Your access and use of this Website constitutes acceptance of these terms and conditions, which forms a binding contract between User and CCB (“Agreement”). If you do not agree to the terms of this Agreement, you must immediately discontinue all further attempts to access this Website.
II. Website Access and Usage
This Website is provided as a public service. CCB licensees and designated individuals associated with CCB licenses may use this Website to manage their license accounts, complete continuing education and obtain information from CCB. You may use this Website only as permitted by applicable local, state and federal laws.
To access any function under “Contractor Services” on this Website, You must be listed on the contractor’s license as an owner, partner, corporate officer, limited liability company (“LLC”) manager (for manager-managed LLCs), LLC member (for member-managed LLCs), or responsible managing individual. You must also provide the last four digits of your social security number (“SSN”).
This information will be used to verify that: (1) You are the individual accessing the on-line services and (2) You have authorization to manage the licensed contractor’s information. If You are the principal of more than one licensed contractor, You must log in and authenticate each license number before accessing that licensed contractor’s account.
By accessing “Contractor Services” on this Website, You are certifying that You are (1) the individual to whom the SSN is issued and (2) authorized to access and manage account information for the licensed contractor whose account you access. Initiating changes to a contractor’s license information without authorization may result in a civil penalty imposed by CCB.
Prohibited activities include, but are not limited to:
(1) knowingly and without authorization altering, damaging or destroying this Website, CCB’s, or another user’s computer system, network, software, program, documentation or data contained therein;
(2) using this Website to conduct or attempt to conduct any business or activity or solicit the performance of any activity that is prohibited by law;
(3) taking action which results in blocking access to this Website by other users;
(4) defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy and publicity, and in intellectual property) of others;
(5) knowingly introducing viruses, corrupted files or other similar software or programs that may damage, alter or destroy this Website or the operation of another’s computer system, network, software, program documentation or date contained therein;
(6) knowingly accessing or attempting to access or use CCB’s computer system, computer network, or any part thereof, including this web site, for the purpose of devising or executing any scheme or artifice to defraud, obtaining money, property or services by means of false or fraudulent pretenses, representations or promises; or committing theft, including, but not limited to, theft of proprietary information;
(7) uploading or downloading files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless the User owns or controls the rights thereto and has received all necessary consents; and
(8) any other activity that CCB, in its sole discretion, determines constitutes an unreasonable interference with the operations of the Website or other users’ access to the Website, or presents a threat to the integrity of the Website or CCB’s systems.
This Website is subject to administrative monitoring at all times, which You consent to by Your continued usage. You are further advised that system administrators may provide evidence of possible criminal activity identified during such monitoring to appropriate law enforcement officials.
III. Disclaimer of Liability and Reliability
Every effort has been made to offer the most current, correct and clearly expressed information and data possible. However, inadvertent error in information or data may occur. CCB makes no warranties or representations regarding the quality, content, completeness, suitability, adequacy, sequence, accuracy or timeliness of such information and data. By using this Website, You assume all risks associated with the use of this Website, including any risk to Your computer, software or data being damaged by any virus, software or other file that might be transmitted or activated via a CCB web page or Your access to it. CCB further does not guarantee that this Website will be available to you at any given time, or that its operation will be error-free.
CCB is not, in any event, liable for any direct, indirect, punitive, special, incidental or consequential damages, including, but not limited to, lost revenues or lost profits, arising out of or in any way connected with the use or misuse of the information or lack of information on the Website or with the delay or inability to use this Website, or from any information, documents, services, software or other material obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, strict liability or otherwise, even if CCB or any of its employees or affiliates has been advised of the possibility of damages. CCB is not liable for any loss or injury caused in whole, or in part, by its actions, omissions or contingencies beyond its control, including in procuring, compiling or delivering the information, or arising out of any errors, omissions or inaccuracies in the information, regardless of how caused, or arising out of any user’s decision, or action taken or not taken in reliance upon information furnished.
You explicitly acknowledge and understand that You are responsible for full compliance with all laws and regulations applicable to Your license(s), regardless of whether the Website is available at any given time. Unavailability of the Website does not constitute a waiver of full and timely compliance with license requirements.
IV. Links to Third-Parties’ Web Sites
CCB may provide links and pointers to third-party internet web sites contained in the Website. These sites are not under the CCB’s control. CCB does not assume any responsibility or liability for any information, communications or materials available at such linked sites, or at any link contained in a linked site. CCB provides these links for Your convenience only, and does not refer You to or endorse the linked entities. Each individual site has its own set of policies about what information is appropriate for public access, and may have separate end user license agreements, which CCB is not a party to nor has control over. You assume sole responsibility and all risks for use of third-party links and pointers.
V. Disclaimer of Association with User
You acknowledge that no joint venture, partnership, employment or agency relationship exists between You and CCB as a result of this Agreement or use of this Website. You shall not hold yourself out as a representative, agent or employee of CCB, and CCB is not liable for any representation, act or omission of use.
VI. Disclaimer of Endorsement
The views and opinions of authors expressed on the Website do not necessarily state or reflect those of CCB, and You may not use them for advertising or product endorsement purposes.
VII. Disclosure of Information about User
Information provided to CCB by a user through this Website may be subject to Oregon’s public records law and other state and federal laws governing record disclosure or confidentiality for public entities.
VIII.Indemnity
As a condition of use of this Website, You shall indemnify the State of Oregon and CCB, CCB’s Board and its members, CCB’s employees and agents, against any and all liability, expenses (including attorney’s fees) and damages arising out of claims resulting from Your use of this Website, including, but not limited to, any claims alleging facts that if true would constitute a breach by You of these terms and conditions.
IX. Termination and Survival
CCB may suspend Your access to this Website at any time when, in its sole discretion, CCB determines that You have materially breached any term of this Agreement, or as CCB may deem necessary to preserve the integrity of this Website or CCB’s systems. CCB will, where feasible, provide You with written notice prior to suspending Your access; however, CCB may provide such notice after suspension if, in CCB’s sole discretion, circumstances require CCB’s immediate action to deter a threat to its systems. Any cure that CCB may allow will be at CCB’s sole discretion. CCB may terminate this Agreement, and Your further access to this Website, upon written notice to you for any reason or no reason at all. CCB will provide such written notice required under this section to any address it has on file for You, to any e-mail address it has on file for you, or by any other means that are, in CCB’s sole discretion, reasonably calculated to ensure you receive the notice.
In the event CCB terminates this Agreement, Sections III, V, VII, VIII, IX, X, XI, and XII survive termination.
X. Jurisdiction
This Agreement is governed by the laws of the State of Oregon (United States of America). You consent to the exclusive jurisdiction and venue of courts in Marion County, Oregon, in all disputes arising out of or relating to this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, but not limited to, this paragraph.
XI. Severability
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable laws, the remainder of the Agreement shall continue in effect.
XII. Entire Agreement
This Agreement constitutes the entire agreement between You and CCB with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and CCB with respect to this Website. This Agreement includes all other notices, policies, disclaimers and other terms contained in this Website, provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement control. CCB, at its discretion, may change any or all of this Agreement’s terms and conditions at any time. You agree that a printed version of this Agreement and of any notice given in electronic form is admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
All rights not expressly granted herein are reserved.