Last Revised September 18, 2019

Terms of Use

By accessing or using this website in any way, including without limitation, browsing the website, using any information and/or submitting any content or personal information via the website, you agree to and are bound by these Terms of Use. Please read these Terms of Use carefully prior to using this website.

Pacific Retirement Services, Inc. (“PRS”) is a nonprofit, 501(c)(3) organization that includes affiliated and subsidiary organizations; communities managed by PRS Management, Inc. and PRS Management & Consulting, LLC; a Community Housing division for managing affordable housing communities; and the Community Volunteer Network. The terms, conditions, policies, and notices contained in this Terms of Use apply to any and all websites operated by PRS. Any reference to “we”, “us”, and “our” refers to PRS.

PRS reserves the right to change these Terms of Use at any time, at its own discretion, and without direct notice to you. All such changes will be posted to this webpage and are effective immediately at the time of posting. Because any changes to these Terms of Use are binding upon you, PRS expects you to review the Terms of Use from time to time for changes. The Terms of Use applicable to you at any given time are the then-current Terms of Use. By using and/or viewing this or any PRS websites, you accept any changes to the Terms of Use.

PRS websites are open and available to users who reside in the United States or any of its territories or possessions. PRS makes no claims that its websites and/or any of the website content is accessible or appropriate outside of the United States. Access to the PRS websites may not be legal to certain persons or in certain countries. If you access the website from outside of the United States, you do so on your own and are responsible for your compliance with your local laws.

Intellectual Property Rights

Unless otherwise noted, all PRS websites, including all of their content, features, functionality, and the design, selection, “look and feel”, and arrangement thereof, are the property of PRS or its licensors, and are protected by United States and international laws governing copyright, trademark, patent, trade secret, and design rights. Any unauthorized use of the content, features, functionality, or the design, selection, “look and feel”, and arrangement thereof, is a violation of PRS’ intellectual property rights. Unless otherwise stated herein, PRS and its suppliers reserve all tacit and direct rights to patents, trademarks, copyrights, or confidential information related to the content of its websites. Unless otherwise stated herein, no website content may be copied, distributed, published, modified, or used in any way, in whole or in part, without prior written agreement from PRS, except as allowed by the limited license contained in these Terms of Use. You may not, and these Terms of Use do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, or create derivative works with respect to the PRS websites.

PRS logos, trademarks, and affiliate and subsidiary names appearing on PRS websites, except as otherwise stated, are trademarks owned or used under license by PRS and/or its affiliates in the geographic locations where PRS markets products with such trademarks. The use or misuse of these trademarks or any other content on PRS websites, except as provided in these Terms of Use, is strictly prohibited. Nothing on the PRS websites shall be construed as granting by implication, estoppel or otherwise, any license or right to use any PRS trademark without PRS’ prior written permission.

Specific materials on the PRS websites may be furnished by third parties. Specific products, services, and/or company designations for companies other than PRS may be mentioned on PRS websites for identification purposes only. Third-party trademarks, trade names, logos, and product or service names contained on PRS websites are the trademarks, registered or unregistered, of their respective owners.

Materials Provided to PRS and/or Posted on Any PRS Website by Residents of PRS Communities

PRS does not claim ownership of materials provided to PRS and/or posted, uploaded, inputted, or submitted, as allowed by PRS, by Residents of PRS communities for review by the general public or by the members of any public or private community (each a “Submission”; collectively “Submissions”). By posting, uploading, inputting, or submitting a Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission(s) as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submission(s).

Permissible Uses

Unless contraindicated elsewhere on any PRS website, PRS website content may be downloaded or printed under the following terms and conditions:

  1. For personal, educational, and/or non-commercial purposes and not for public or commercial purposes;
  2. PRS website content may not be modified in any way;
  3. PRS website content may not be distributed, sold, or republished;
  4. Any copyright notices or other ownership notices on the documents, information, and PRS website content shall be preserved in any downloaded or printed copy;
  5. These rights granted to you are part of a limited license agreement and do not establish a transfer of property; and
  6. You may not create a website that frames any PRS website or any trademark or proprietary information located on a PRS website without PRS’ written permission. You may not use metatags or any other type of hidden text using PRS’ name or trademarks on a website without PRS’ written permission.

PRS may withdraw this limited license at any time. The rights given under this limited license do not apply to the design and layout of PRS websites. The design and layout of PRS websites are protected by copyright and other laws, and are the property of PRS. The design and layout of PRS websites may not be copied or reproduced in whole or in part.

 

Prohibited Uses

By using a PRS website, you agree that you shall not:

  1. Use this Site for political campaign activity or lobbying activity as defined in the United States Internal Revenue Code because many PRS affiliates are nonprofit, tax-exempt organizations;
  2. Delete, modify, hack, or attempt to change or alter the website contents;
  3. Attempt to access accounts, computer systems, or networks connected to any PRS servers or its websites through hacking, password mining, or any other means;
  4. Obtain or attempt to obtain any materials or information through any means not intentionally or readily made available through PRS websites;
  5. Use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of PRS websites, servers, or networks connected to PRS websites, or take any other action that interferes with the administration and operation of PRS websites or other parties’ use of PRS websites;
  6. Use any robot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on PRS websites for purposes other than for a generally available search engine;
  7. Use any of PRS’ names, service marks, logos, and/or trademarks without prior written consent, including, without limitation, as metatags, search engine keywords, or hidden text;
  8. Use any material or information, including images or photographs, made available through PRS websites in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
  9. Upload files that contain viruses, trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of the computer and/or property of another; or
  10. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of any third party.

Social Media

You may link to PRS website homepages as long as you do so in a way that is fair and legal, and does not damage the reputation and/or take advantage of PRS. You must not establish such link in a way that suggests any form of association, approval, and/or endorsement on the part of PRS.

PRS websites may provide social media features that allow you to:

  1. Link from your own or specific third party websites to specific content on PRS websites;
  2. Send emails or other communications with specific content, or links to specific content, on PRS websites; and
  3. Cause limited portions of content on PRS websites to be displayed or appear to be displayed on your own or specific third party websites.

You may use these options as provided solely by PRS and with respect solely to the content they are displayed with, and in accordance with any additional terms and conditions PRS might provide with respect to such options.

Subject to the abovementioned terms and conditions, you must not:

  1. Establish a link from any site that is not owned by you;
  2. Cause PRS websites or portions thereof to be displayed by, or appear to be displayed by, framing, deep linking, in-line thinking, and the like, on any other site; or
  3. Otherwise take any action with respect to the materials on PRS websites that is contraindicated by these Terms of Use.

You agree to cease, or cause to cease, any unauthorized framing and linking immediately. PRS reserves the right to disable any and all social media features and linking without notice.

Site Access

PRS reserves the right to withdraw or amend its websites, and any service and/or material provided on its websites, in its sole discretion without notice. PRS will not be liable if for any reason all or any part of its websites are unavailable for any length of time. At times, PRS may restrict access to some parts of its websites to users, including registered users. You are responsible for making all arrangements necessary for you to have access to PRS websites, and ensuring that all persons who access PRS websites through your internet connection are aware of these Terms of Use and comply with them.

Privacy

Any information collected and/or received from you via PRS websites will be treated in accordance with PRS’ Privacy Policy, which is incorporated by reference. Please review the Privacy Policy (ß make a hyperlink to privacy policy) before using any and all PRS websites. PRS does not seek, and you must not provide, information detailing or relating to any medical conditions, health information, or illnesses pertaining to you or any other person. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use any PRS website.

 

 

Reliance on PRS Website Information

The information presented via PRS websites is made available by PRS solely for general information purposes. PRS does not warrant the accuracy, completeness, or usefulness of its website information. Any reliance you place on such information is strictly at your own risk. PRS disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to its websites, or by anyone who may be informed of its contents.

PRS is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by third parties on PRS websites.

No Medical Advice

PRS websites do not provide medical advice, diagnoses, or recommendations about medical treatment. Further, PRS websites do not recommend or endorse any products or information for any particular medical circumstances. You expressly acknowledge and agree that PRS is not responsible for the results of any decisions made based on your use of its websites.

THE CONTENT OF PRS WEBSITES IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE AND SHOULD NOT BE RELIED UPON FOR MEDICAL DIAGNOSIS OR TREATMENT. DO NOT DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE DUE TO SOMETHING READ ON PRS WEBSITES. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

Disclaimers

PRS websites may contain typographical mistakes, inaccuracies, and/or omissions, and from time to time, the information provided may not be complete or current. PRS reserves the right to modify the content of its websites at any time without prior notice.

PRS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF PRS WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITES, AND/OR ON ANY LINKED SITES.

YOUR USE OF PRS WEBSITES AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PRS WEBSITES AND ALL CONTENT, MATERIALS, INFORMATION, TOOLS, APPLICATIONS, PRODUCTS, AND SERVICES PROVIDED ON THE WEBSITES ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PRS NOR ANY PERSON ASSOCIATED WITH PRS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF PRS WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER PRS NOR ANYONE ASSOCIATED WITH PRS REPRESENTS OR WARRANTS THAT PRS WEBSITES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

PRS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DISCLAIMERS DO NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT SHALL PRS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE PRS WEBSITES, ANY SITES LINKED TO PRS WEBSITES, ANY CONTENT ON PRS WEBSITES OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH PRS WEBSITES OR SUCH OTHER SITES. THIS INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORSEEABLE.

THE FOREGOING LIMITATIONS OF LIABILITY DO NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless PRS, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees, including reasonable attorneys’ fees, arising out of or relating to your violation of these Terms of Use or your use of PRS websites, use of PRS website content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from PRS websites.

Governing Law and Jurisdiction

The corporate offices of PRS are located in Medford, Oregon. All matters relating to PRS websites and these Terms of Use and any related dispute or claim arising therefrom shall be governed by and construed in accordance with the laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use and/or PRS websites shall be instituted exclusively in the United States District Court for the District of Oregon located in Medford, Oregon or the courts of the State of Oregon located in and for Jackson County, Oregon. Notwithstanding the foregoing, PRS retains the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other country with jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by PRS of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PRS to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If a court of law or other tribunal finds any provision of these Terms of Use to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and the incorporated Privacy Policy constitute the sole and entire agreement between you and PRS with respect to PRS websites and supersede all prior contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to PRS websites.

Contact Information

PRS websites are operated by Pacific Retirement Services, Inc., One West Main Street, Suite 303, Medford, OR 97501. Comments, feedback, and/or concerns related to PRS websites may be directed to: prsmedia@retirement.org.