Oregon Real Estate Forms, LLC

PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY

This License Agreement (the "Agreement") is between you and Oregon Real Estate Forms LLC ("Licensor"). Your use of this website ("the Website") is conditioned upon your acceptance of the unmodified terms and conditions of this Agreement and the OREF Rules and Regulations ("the Rules and Regulations"). By clicking on the "I AGREE" button below, you will have agreed to the terms of this Agreement.

IF YOU DO NOT AGREE TO THE FOLLOWING TERMS, YOU MUST

IMMEDIATELY LOG OFF THE WEBSITE.

1.                  License.

1.1              Use. Licensor hereby grants you a nonexclusive, nontransferable license to access and use the Website via the Internet while you are within the United States, and to view and download a copy of the text, images, and other information expressly displayed to you on the Website (the "Content") for your own use in conducting professional real estate activity in the State of Oregon. This license only grants you the right to use the Website and Content in the manner described in this Agreement, and you do not acquire any right of ownership or title to them. All right, title, and interest in and to the Website and Content will at all times remain the sole property of Licensor.

1.2              Proprietary Rights. The Content is exclusively owned by Licensor and/or its Content providers, and is protected by copyright laws.

1.3              Restrictions and Limitations. Your right to use the Website and its Content is limited, and is personal to you. You must be a Realtor® and licensed to engage in professional real estate activity in the State of Oregon. All references in this Agreement to your client or customers shall mean yourself, if you are acting on your own behalf, and/or those principals for whom you are acting as an agent if, and only if, you are so engaged while providing licensed professional real estate activity in accordance will all applicable laws and regulations of the State of Oregon. The Content includes forms for use in general real estate transactions involving real property located in the State of Oregon ("the Forms"). Licensor is not licensed to practice law in Oregon or elsewhere, and is not engaged in the practice of law. The Forms do not constitute "legal advice" by Licensor, or its agents, representatives, employees, contractors or attorneys, to you or your clients. Neither you nor your clients should rely upon the use of the Forms to the exclusion of seeking independent legal counsel, where appropriate. You should so advise your clients. Licensor does not expressly or impliedly warrant the suitability of the Forms for your specific transaction or the transaction of your client. You and/or your client should make sure the Forms you seek to use are legally suitable for the purpose intended, and that they are current as to all laws and regulations. The Forms may be changed from time to time at the sole discretion of Licensor and you are solely responsible for determining whether all Forms will meet your needs or the needs of your client. You are not authorized to use any outdated Forms, i.e. those that have been replaced by more current Forms on this Website. You may not do any of the following, directly or indirectly:

a. Make any copies of the Website;

b. Make any copies of the Content except in the ordinary course of your licensed professional real estate activity;

c. Create any derivative works, enhancements, alterations or modifications of the Website, the Content, or any portion thereof;

d. Publicly display the Website, the Content, or any portion thereof; or

e. Use the Website, the Content, or any portion thereof, for any purpose other than in the ordinary course of your professional real estate activity.

f. The Content may not be sold, transferred, assigned, or otherwise provided, directly or indirectly, to any third parties, whether or not they are licensed real estate brokers or principal brokers, in Oregon or outside of Oregon, for any consideration or in the expectation of receipt of any consideration, excepting only such fees, compensation, or other consideration paid or agreed to be paid as the result of licensed professional real estate activity provided in the State of Oregon. If you do not agree with the above Restrictions and Limitations, you should NOT use the Forms and should immediately log off this Website.

2.                  Information on Website; Access. The Content is intended solely for general guidance of Users, and is not intended to constitute legal, tax, accounting or other professional advice of any kind. You will not have access to the Website without a Public and Private I.D. unique to you. You may not loan, sell, license, disclose or otherwise make available your Private I.D. to any person for any purpose whatsoever.

3.                  Permitted Copies and Distribution of Copies. The Licensor hereby grants you a limited, non-exclusive personal license to print or to deliver electronically through electronic mail, a reasonable number of Forms from the Website for: (a) the sole purpose of use by you in the ordinary course of your licensed professional real estate activity in the State of Oregon; or (b) to deliver to an existing client, but in either event: (c) only in strict conformance with this Agreement and all Rules and Regulations.

4.                  Injunctive Relief. You agree that if you breach or threaten to breach this Agreement in any manner, Licensor may suffer irreparable damage, that money damages will be inadequate, and Licensor shall be entitled to preliminary and other injunctive relief by a court of competent jurisdiction against any such breach or threatened breach, without having to wait for you to cure a breach, and without having to post a bond or other security. Such injunctive relief shall be in addition to, and in no way in limitation of, any and all other remedies Licensor may have at law or equity.

5.                  Disclaimers of Warranties. LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE, THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE SUITABILITY OF THE FORMS AND OTHER CONTENT AND INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. YOUR ACCESS AND USE OF THE WEBSITE, SUCH CONTENT, FORMS AND OTHER INFORMATION ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, CONTENT, FORMS AND OTHER INFORMATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND AVAILABILITY. LICENSOR DOES NOT WARRANT THE ACCURACY OF THE CONTENT, THE FORMS OR OTHER INFORMATION CONTAINED ON THE WEBSITE, OR THAT IT WILL MEET YOUR REQUIREMENTS OR THAT THE WEBSITE OR THE CONTENT OR FORMS WILL BE ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED.

6.                  Limitation of Remedies and Liability.

6.1              Licensor will have no liability to you, your clients, or to any other third parties in connection with any use of the Website, the Content or the Forms, in any manner whatsoever.

6.2              In no event shall Licensor be liable for direct, indirect, special, incidental, punitive or consequential damages, including, but not limited to, loss resulting from business disruption, loss of data, lost profits, lost goodwill or damages to systems or data, whether in an action for contract, tort (including negligence) or otherwise.

7.                  Termination. Licensor may discontinue or change the Website and/or the Content or Forms, or change the Terms of Service at any time for any reason without prior notice.

8.                  Waiver. Waiver of a breach of this Agreement or of a right hereunder, will not constitute a waiver as to any subsequent breach or right.

9.                  Governing Law. This Agreement and your use of the Website and the Content shall be governed solely by Oregon law. Venue for any action or arbitration between the parties shall be exclusively in Multnomah County, Oregon.

10.              Arbitration; Attorney Fees. In the event of any dispute between the parties that cannot otherwise be promptly resolved or settled, the matter shall be submitted to final and binding arbitration in accordance with the rules then existing of Arbitration Service of Portland. Exercise of any rights of provisional process pursuant to Section 4, above, shall not constitute a waiver of the right to arbitrate pursuant to this Section 10. The prevailing party in any litigation or arbitration filed pursuant to this Agreement shall be entitled to recover from the losing party all reasonable attorney fees pursuant to ORCP 68.

IF YOU ARE IN AGREEMENT WITH THE ABOVE TERMS AND CONDITIONS, YOU MAY INDICATE YOUR ACCEPTANCE BY CLICKING ON THE BUTTON BELOW.