CITYSPEEK.COM TERMS AND CONDITIONS

By using or viewing CitySpeek.com, a product of The Kastner Group, LLC, hereinafter "CitySpeek.com" or utilizing CitySpeek.com in any other way, including, but not limited to, the website, you are agreeing to the following terms, conditions and disclaimers, which constitutes the entire agreement between you and CitySpeek.com. If you/user do not agree to the following terms, conditions and disclaimers or object to CitySpeek.com in any way, your sole remedy is to discontinue your use of CitySpeek.com.

Modifications to the terms, conditions and disclaimers may be made at any time without any prior notice and will be effective immediately upon publication under the Terms and Conditions section. You are responsible for receiving actual notice of any such changes. In addition, CitySpeek.com reserves the right to modify the availability of service(s) with no liability whatsoever for any losses, tangible or intangible, that may result.

PRIVACY POLICY

By using CitySpeek.com, users agree that CitySpeek.com may use personal and non-personally identifiable information in any way to improve CitySpeek.com or maintain functionality of CitySpeek.com, including, but not limited to, collecting, storing, deleting and analyzing information using various methods. CitySpeek.com does not sell or share the information of its users with third parties unless authorized/directed to do so by the individual user in writing, as compelled to do so by court order, in order to comply with applicable law, as necessary in CitySpeek.com’s sole discretion to respond to claims, legal process, or to preserve the rights of CitySpeek.com. CitySpeek.com, in its sole discretion, may use the information to discourage, prevent or halt any unethical or illegal activity but is not bound to do so. As with all personal information, CitySpeek.com suggests that users guard their personal information when communicating with third parties.

Some user information is publicly available, such as your account or username and other information that a user deems as public.

CONTENT DISCLAIMER

"Content", for purposes of these Terms and Conditions, includes, but is not limited to, text, postings, image(s), video(s) files and other related materials and works. Users agree that submitted Content may be located on third party servers and that CitySpeek.com makes no warranties or representations regarding the third party servers. Content located on CitySpeek.com servers is subject to these Terms and Conditions.

All information and Content provided in the CitySpeek.com website is provided for informational purposes only and does not constitute a legal contract between CitySpeek.com and any person/entity unless otherwise expressly specified. Content on CitySpeek.com is subject to change without prior notice. CitySpeek.com makes no guarantees of any kind as to the information and Content on CitySpeek.com.

The CitySpeek.com website may contain information that is created and maintained by sources both within and outside of CitySpeek.com. Such sites are unmoderated forums containing the opinions of the persons who post the entries. CitySpeek.com does not control, monitor or guarantee the information contained in these sites or information contained in links to other external web sites. CitySpeek.com does not endorse any views expressed or products or services offered in said sites. In no event shall CitySpeek.com be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on CitySpeek.com or through any such site or resource.

Content, including, but not limited to, text, postings, image, files and other related materials and works are the sole responsibility of the person/entity submitting the content. CitySpeek.com does not endorse, control, monitor or guarantee the accuracy, appropriateness or validity of the content submitted by third parties or users. CitySpeek.com may, at any time, delete or review Content and information in its sole discretion and for any reason but is not required in any way to do so. In no event shall CitySpeek.com be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the Content or information available on CitySpeek.com.

LINK DISCLAIMER

Any links to external websites or non-CitySpeek.com information provided on CitySpeek.com or information returned from CitySpeek.com search engines are provided as a courtesy or found anywhere on CitySpeek.com. They shall not be construed as an endorsement or guarantee by CitySpeek.com of the content or views of the linked materials. CitySpeek.com is in no way liable for any injury or loss resulting from your use and communication with a third party or external website.

The use of any links to external websites is at your own risk with no liability whatsoever to CitySpeek.com

SUBMITTING AND POSTING

Users agree to not post, submit or otherwise make available through CitySpeek.com the following Content: Content that is libelous, harassing, threatening, criminal, illegal, including but not limited to child pornography, defamatory, tortuous, unlawful, infringing on intellectual property, nudity or pornographic according to the standards of a reasonable person in the community (unless posted in a private group but in no event illegal or unlawful), misrepresenting of factual circumstances, fraudulent, false, misleading, violating fair business practices, spam or otherwise unsolicited electronic communications, malicious code or viruses with the intent to interfere with the use of electronic or computer systems, or any Content that violates the spirit of these Terms and Conditions.

By making available Content through CitySpeek.com, a user irrevocably grant a non-exclusive, perpetual license for CitySpeek.com to use, copy, display and prepare derivative works of the Content as CitySpeek.com deems reasonable in its sole discretion. By making available Content through CitySpeek.com, the user represent that you are have the right and ability to grant said license.

User hereby agrees to indemnify and hold harmless CitySpeek.com against any and all liability, claims, suits, losses, costs and legal fees caused by, arising out of, or resulting from the Content made available by User.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT CITYSPEEK.COM HAS MADE NO EXPRESS WARRANTIES TO YOU REGARDING THE SERVICE, SITE AND THE CONTENT ASSOCIATED WITH SAID SITE AND IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU AGREE THAT YOUR USE OF CITYSPEEK.COM, ITS WEBSITE AND SERVICES ARE AT YOUR OWN RISK. TO THE FULLEST EXTENT POSSIBLE BY LAW, CITYSPEEK.COM, ITS OFFICERS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES WITH REGARD TO THE SERVICE, SITE AND THE CONTENT ASSOCIATED WITH SAID SITE, INCLUDING YOUR USE OF THE FOREGOING; EXPRESS OR IMPLIED; INCLUDING; WITHOUT LIMITATION; ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; MERCHANTABILITY; MERCHANTABLE QUALITY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. ALL DISCLAIMERS OF WARRANTIES ARE MADE TO THE FULLEST EXTENT AS PERMITED BY APPLICABLE STATE OR FEDERAL LAW.

CITYSPEEK.COM MAKES NOR WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF THE WEBSITE OR LINKED WEBSITES WHATSOEVER AND ASSUMES NO LIABILITY FOR ERRORS, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND THAT RESULTS FROM YOUR USE OF THE WEBSITE, ANY UNATHORIZED ACCESS OR USE OF OUR SERVERS AND THE INFORMATION STORED WITHIN, ANY TEMPORARY OR PERMANENT OUTAGE OF TRANSMISSION TO OR FROM THE WEBSITE, ANY MALICIOUS CODE INCLUDING, BUT NOT LIMITED TO, BUGS, TROJAN HORSES OR SPYWARE WHICH MAY BE TRANSMITTED VIA THE WEBSITE BY A THIRD PARTY, OR ANY LOSS OR DAMAGE RESULTING FROM THE USE OF ANY CONTENT ON THE WEBSITE.

COPYRIGHT

CitySpeek.com is protected to the fullest extent by applicable state or federal law. You may not reproduce, copy, redistribute or prepare derivative works of the Content on CitySpeek.com without prior written authorization of CitySpeek.com.

INDEMNITY

You agree to defend, indemnify and hold harmless CitySpeek.com, its parent entity, officers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including, but not limited to, attorney’s fees) arising from: your use of CitySpeek.com, your violation of any of these Terms and Conditions, your violation of any third party right, including, but not limited to, copyright, or your posting or submittal that causes damages or injury to a third party. This obligation of defense and indemnification will expressly survive these Terms and Conditions and your use of CitySpeek.com.

GOVERNING LAW

You agree that these Terms and Conditions shall be governed, construed and interpreted by, through and under the Laws of the State of Oregon.   You hereby consent to the personal jurisdiction of the courts in Multnomah County, Oregon. You agree that specific or general personal jurisdiction over CitySpeek.com does not exist in a jurisdiction outside of Oregon since CitySpeek.com is agreed to be a passive website.

NO WAIVER OF RIGHTS

The failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of any right or provision in these Terms and Conditions nor render these Terms and Conditions invalid.

SEVERABILITY

If any provision of these Terms and Conditions or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this these Terms and Conditions nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.

BINDING EFFECT

The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto.

ABILITY TO ACCEPT

You affirm that you are either more than 18 years of age, an emancipated minor or have parental or guardian consent to enter into and abide by these Terms and Conditions and are otherwise fully able and competent to enter into and abide by these Terms and Conditions.