Terms of Service / Terms of Use & Policies.
PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITE AND WORKING WITH THE BODY POETIC LLC / NIEMA LIGHTSEED WILSON
Liberatory Commitment:
In my in-person sessions, coaching, online offerings, and all the art I make I aspire to co-create spaces and experiences that are as harm-free as possible for all people, with the understanding that a fully safe space is impossible in our world. People of all races, sizes, ages, cultural backgrounds, gender identities, sexual orientations, immigration statuses, trauma backgrounds, and religions are welcome. I prioritize the wellness of people of the global majority who have been historically marginalized - Black, indigenous, and bodies of culture, LGBTQQIA2S+, and people with disabilities, as best I can. I am committed to living into a world of true justice, liberation, interdependence, and healthy relationship across all species.
Your guidance is invited to help me create a safer space for you, especially if you come from a background that has been marginalized. Words and actions that promote racism, misogyny, hatred, bigotry, supremacy, sizeism, transphobia, ageism, or divisiveness will not be tolerated and will constitute the end of the therapeutic relationship with no refunds.
Covid-19 Policies:
Like all health care professionals, I will be striving to tend to the safety of my clients and myself during these times. Due to the close and prolonged contact, massage therapists have a particularly high risk of spreading the disease, which I hope to avoid. It is important to note that no in-person service can be guaranteed to be 100% safe from transmission due to the nature of this virus, but I will do my best. I recommend enjoying an online offering if that can work for you, such as Creativity Coaching, Virtual Bodywork, or Distance Energywork. For all in-person services, for the time being:
I will be wearing a ventless N95 mask during our entire sessions. I am fully vaccinated and boostered against Covid-19.
All clients will be required to wear a surgical or ventless N95 or KN95 mask the entire time you are in the building. Most cloth masks alone are insufficient for the proximity of massage, and N95 masks with vents only protect the wearer. I have ventless KN95 masks available if you do not have one.
I run a medical-grade air purifier during and between all sessions.
All surfaces that clients might touch are non-porous and will be disinfected between clients.
I will not be providing beverages for the time being, I recommend having some water with you in your vehicle or bag to drink outside after the session.
If you do test positive for Covid-19 or have significant symptoms within two weeks after our session, please inform me.
If I learn that a client tests positive for Covid-19 within the two weeks following our session, I will inform all clients who might have been subsequently exposed by me, and cancel all appointments for at least two weeks.
Rescheduling/Cancellation Policy:
In-person -
Usually it’s this: If you need to change your scheduled appointment time, 24 hours notice is required. If less than 24 hours notice is given, full payment of the treatment cost is expected. Exceptions will be made for medical emergencies for you or your family member, inclement weather, or if the client or therapist is able to find someone else to take the appointment time.
During Covid-19 times, if you have any symptoms (fever, unexplained headache or coughing, sore throat, dizziness, difficulty breathing, sudden loss of taste or smell), or known exposure, please cancel. We can reschedule when you are fully recovered with no fees or hard feelings.
If the therapist is ill or has an emergency, you will be notified of the need to reschedule by email and text as far in advance of the scheduled time as possible.
If you are late for your appointment you will receive a treatment that is the length of time remaining in your scheduled time slot, and will be expected to pay the full cost of the session you scheduled. If the therapist is late, you will be given the option to receive your full treatment time or receive a discount equivalent to the lost session time. No call/no shows will not be refunded.
Also, sometimes I run late. I do my best, and appreciate your patience in advance. It is not a reflection of a lack of respect, just optimism about how much I can do in a given amount of time.
Online -
24 hours notice is required to change your appointment time, barring a medical emergency or severe technical challenge. No-call/no-shows will not be refunded.
Payment:
Payments are due before or at the time of service or purchase, unless a previous arrangement has been made. Personal Injury Protection (PIP) insurance is accepted if you have been in an auto collision and have a prescription or referral from a doctor, the prescription and all insurance information will need to be presented before the first appointment for verification of coverage. Payments may be made in cash, by check, with a credit card, with a Health Savings Account (HSA) card or Flexible Spending Account (FSA) card, through PayPal, Venmo, or Cash App. Tips are welcome but never expected.
Payment for commissioned works can be made in full at the time the contract is signed, or a 50% down payment can be made with the remainder due when the completed piece is delivered. There will be no refunds of deposits and no returns for commissioned pieces.
Location:
In-person appointments are in the Hey Doc Clinic at 436 SE 12th St at Stark. There is a parking lot just East of the building, and free street parking on the surrounding streets. The nearest Trimet stop is ID: 6594, served by bus line 70. The sidewalk leading to the front door is on a hill with uneven sidewalk pavement. We are located on the first floor with no steps to enter the clinic, but with a small lip on the threshold.
The door does not open automatically, so the front desk staff will buzz you in. The door has a full glass pane and we should be able to see you when you arrive. However, if we are away from the desk please knock or call 503-305-3088. You are welcome to wait inside by reception if you arrive early.
There are 2 single stall bathrooms, one that is ADA compliant.
Bodywork Specific Policies:
Auto Accident (MVA) Treatments
Bodywork is available for people who have experienced a motor vehicle accident, and has been proven to be beneficial to relieve the physical and emotional effects of whiplash, back and neck pain, range of motion & movement limitations, headaches, sleep disturbances, and other related injuries and complaints. Provided you have a current prescription or referral from a chiropractor, MD, or ND and I can establish proof of coverage with the insurance company before your first visit, sessions can be paid for with Personal Injury Protection (PIP) insurance or standard Auto Liability Insurance. Medical massage treatments that are not paid at time of service are $41.25 per 15-minute unit. Please contact the cinic when you schedule your first massage with the insurance adjuster's name and phone number, your full name, policy number, claim number, and date of incident.
Intake & Post-Treatment Procedures:
The work is served by a thorough intake and assessment of pain, tension, range-of-motion limits, and other current factors. To expedite the intake process please fill out the electronic form in advance online. During the intake be prepared to answer questions about what you are seeking from the session and any medical concerns. After the session, you may receive suggestions for stretches, exercises, meditations, hydrotherapy, and/or other tools the therapist thinks may be supportive.
Sessions include a little extra time for assessment, disrobing and dressing, and post-assessment. This means a 90-minute session will be 95-105 minutes, with @ 80-85 minutes on the table.
What Do Clients Wear?
Whatever will allow you to lie and breathe comfortably. Nearly all of the bodywork I do can be adapted to skin or fabric, though access to the skin of the back, neck, upper pectoral/collarbone area, and shoulders is helpful. Most clients find that undressing from the waist up and wearing underwear bottoms is the most comfortable. At all times clients’ genital areas and breasts are fully covered by a sheet. Wearing dress shirts, jeans, belt buckles, and other stiff clothing is not recommended. If you feel more comfortable keeping a bra on, I recommend a soft tube-top or yoga tank rather than something with snaps and underwire. The table can be heated for your comfort.
Aromatherapy:
I occasionally burn herbs. I also sometimes diffuse a variety of high-quality essential oils. If you are sensitive to any scents or prefer a relatively scent-free experience, please inform me in advance.
Medical Concerns:
Our sessions can be adapted for pregnant people and a variety of medical concerns, provided you have clearance from your doctor or midwife to receive massage. Please list the medications you are taking on your online Intake form, and let me know about recent treatments you have undergone. If you have a serious medical condition please contact Niema before the session, so we can ensure bodywork is safe and determine an effective session strategy.
OBMT Compliance:
I strive to be in alignment with the rules set forth by the Oregon Board of Massage Therapists and the Code of Ethics set forth by the Associated Bodywork & Massage Professionals. First and foremost are the commitment to provide quality care, to do no harm, and to protect the client's confidentiality. We also commit to creating a space where sexual impropriety is not tolerated. Any client who crosses this therapeutic boundary with another client or the therapist through inappropriate words or actions will be asked to leave without a refund, and legal action may be taken if sexual harassment or abuse occurs or is insinuated.
Website & Purchases Terms of Use
The thebodypoetic.com website (hereinafter referred to as the “Website”) is intended and designed solely to provide the user (“User”) with access to The Body Poetic LLC / Niema Lightseed’s services, work, videos, classes, poetry, general information, and products. This Website is not provided for any other purposes, intended or otherwise.
The Website is owned and maintained by The Body Poetic LLC an Oregon (USA) Limited Liability Corporation (“TBPLLC”). These Terms & Conditions apply to all of the intellectual property content (including, without limitation, all images, text, video, audio, trademarks, service marks, trade names, logos, and copyrighted content), products, services, and classes offered by TBPLLC.
1. Acceptance of Terms:
These Terms and Conditions of Use & Service constitute an agreement (hereinafter referred to as the “Agreement”) between TBPLLC and all Users, and sets forth legally binding terms for User’s use of the Website. By using the Website, you agree to be bound by this Agreement, whether you are a “Visitor” (by simply browsing the Website) or as a “Member” (which means that a user has registered for sessions, classes, commissioned works, and/or has otherwise obtained privileged access to content or services provided by TBPLLC as a paid user).
If any user does not accept the terms of this Agreement, they should terminate their use of, or access to, the Website. TBPLLC reserves the right to modify the Website, any or all of the content on the Website, and the terms of this Agreement from time to time, and such modification shall be effective upon its posting and no advance warning shall be provided to users. All users agree to be bound by any modification to this Agreement whenever any such modifications are posted; Users are therefore advised to periodically review this Agreement.
2. Content
All content on this Website is provided to Users on an “as is” basis for Users’ general information and personal use only, and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of TBPLLC. TBPLLC exclusively reserves all rights not expressly granted in and to the Website and all Website content of any kind.
Users may access the Website and Content, as available:
For general information and personal use; and
For purchasing Niema Lightseed’s services, artwork, or other products.
3. General Disclaimer:
All activities are at the risk of the User. Accordingly, all Users are urged and advised to seek the advice of a physician before beginning any class or receiving any service from Niema / TBPLLC. While Niema is a licensed massage therapist, TBPLLC is not a medical organization and Niema cannot give Users medical advice or prescriptions.
By using our site Users understand that some activities hold potential danger and that such use by any User carries the risk of personal injury, whether physical or mental. Users understand and agree that it is each User’s individual responsibility to judge their own level of engagement in the art, services, and activities offered. All Users expressly waive and release any claims or damages that they may suffer or incur, at any time, for injury of any kind, against TBPLLC and/or Niema Lightseed Wilson, or any person or entity involved with TBPLLC, including, without limitation, its owners, directors, instructors, independent contractors, employees, agents, contractors, affiliates and/or representatives.
4. Minors:
The Website, including its content and services, is not directed to persons under eighteen (18) years of age. All Users agree that they are eighteen (18) years of age or older, or that their use is under the supervision and direction of a parent or legal guardian.
5. Prohibited Conduct:
Users agree not to use the Website to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”) that:
is patently offensive and/or promotes racism, bigotry, sexism, hatred, or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
solicits personal information from anyone under the age of eighteen (18);
provides any telephone numbers, street addresses, last names or email addresses of anyone other than User’s own;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
violates any intellectual property or other proprietary rights of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spamming,” or “spamming”;
contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
Includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or
contains a virus or other harmful component.
Users agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that send request messages to the TBPLLC.
6. Responsibility for Content:
TBPLLC does not guarantee the accuracy, integrity, or subjective quality of any Content. Users understand that by using the Website you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will TBPLLC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred at any time as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Website.
7. Rejection/Removal of Content:
TBPLLC shall have the right to remove from our Website any Content that violates this Agreement or is otherwise objectionable in the sole discretion of TBPLLC, or to restrict, suspend, or terminate User’s access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Website by any person, please TBPLLC.
8. Security Components:
Users understand that our Website, and software embodied within our Website, may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by TBPLLC and/or content providers who provide content to TBPLLC. Users may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into our Website.
9. Proprietary Rights:
All materials on the Website, including, without limitation, words, names, trade names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, music, artwork, software, and other elements (collectively, “Website Content”) are protected by copyrights and/or other intellectual property rights owned and controlled by TBPLLC, or by third parties that have licensed or otherwise provided their material to TBPLLC. Users acknowledge and agree that all Website Content on the Website is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Website, no Website Content may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without TBPLLC’s prior express written permission. Users may not add, delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Website Content, to defeat or circumvent our security features, or to utilize the Website or any part of the Website Content for any purpose other than its intended purposes is strictly prohibited.
10. Non-commercial Use:
The Website may not be used in connection with any commercial purposes, except as specifically approved by TBPLLC. Unauthorized framing of or linking to any of our Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Website Content without notice and may result in termination of membership privileges.
11. TBPLLC and Third Party Content:
The Website contains Website Content owned by TBPLLC, and content of third-party licensors to TBPLLC (including content provided by users of our Website, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. TBPLLC owns and retains all rights, title and interest in the TBPLLC Content. TBPLLC hereby grants to User a limited, revocable, non-sublicensable license to Stream and/or view the TBPLLC Website Content, and any third-party Content, located on or available through the Website (excluding any software code therein as set forth above) solely for User’s personal, non-commercial use in connection with viewing our Website and/or utilizing any services provide by TBPLLC. Except for User Content posted by User, User may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Website Content appearing on or through our Website.
12. Other Sites:
The Website may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, media archives, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their website. TBPLLC does not assume any responsibility or liability for the actions, products, and content of any such website. Before User uses any third-party website, User should review the applicable terms of use and policies for such websites. The inclusion of a link in any of our Website does not imply TBPLLC’s endorsement of such third party website. If Users decide to access any such linked website, Users do so at their own risk.
13. International Use:
Due to the global nature of the Internet, Users agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, User agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which User resides.
14. Privacy Policy:
TBPLLC respects User’s and Member’s privacy rights and permits Users to control certain aspects of the treatment of User’s or Member’s personal information. TBPLLC does not sell or license access to any User or Member information for any purpose.
15. Copyright Policy:
The Website Content, including without limitation, any and all text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks, trade names and logos contained therein (“Marks”), are owned by or licensed to TBPLLC, subject to copyright and other intellectual property rights under the law.
16. Term and Termination:
This Agreement shall remain in full force and effect for so long as TBPLLC or its parent companies are in operation. Members may terminate their Membership at any time, for any reason, by following the instructions on the Website. TBPLLC reserves the right to terminate User accounts or access to the Website immediately, with or without notice to you, and without liability to you, if TBPLLC believes that any User has breached any of the terms of this Agreement, furnished TBPLLC with false or misleading information, or otherwise interfered with use of the Website.
17. Disclaimer of Warranties:
USERS AGREE AND ACCEPT THAT THEIR USE OF THE WEBSITE SHALL BE AT THEIR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TBPLLC, AND WITHOUT LIMITATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND ANY USE THEREOF. TBPLLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ANY ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO, OR USE OF, OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
TBPLLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FBDI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USERS SHOULD USE THEIR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
18. Limitation on Liability:
IN NO EVENT SHALL TBPLLC, AND/OR, WITHOUT EXCEPTION, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN ANY WEBSITE CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ANY ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND OCCURRED AS A RESULT OF ANY USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
USERS SPECIFICALLY ACKNOWLEDGE THAT TBPLLC SHALL NOT BE LIABLE FOR CONTENT POSTED BY OTHER USERS, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH USER.
19. Exclusions and Limitations:
Any Users who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local or national laws. Certain jurisdictions may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to all Users, however, all other provisions of this Agreement remain in full force and effect.
20. Indemnity:
Users agree to defend, indemnify and hold harmless TBPLLC, Niema Lightseed Wilson, and without exception or limitation, their subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i), any use of and access to the Website; (ii), any violation of any term of this Agreement; or, (iii), any violation of any third party right, including, without limitation, any copyright, property, or privacy right. This defense and indemnification obligation will survive this Agreement and any use of the Website.
21. Additional Terms:
TBPLLC may also require Users to follow additional rules, guidelines, or other conditions in order to participate in certain promotions, classes, or activities available through the Website, or to obtain certain premium or privileged content through the Website, or for other reasons. In addition, certain additional terms will govern any services or purchases you make, as well as any products you commission. These additional terms will be posted on the relevant portions of our Website or on the portions of our Website that describe the specific products, services, content, or activities. These additional terms are part of this Agreement, and all Users agree to comply with them when they participate in those programs or classes, purchase items from the online store, or otherwise engage in activities governed by such additional terms.
22. Modification and Discontinuation:
TBPLLC reserves the right at any time to modify, remove, alter, edit, delete, suspend or discontinue, temporarily or permanently any Website content, programs, classes, or any other aspects of the Website (or any portion thereof) with, or without, notice. Users agree that TBPLLC will not be liable to any User for any such modifications, editing, deletions, suspensions, or discontinuances of any content or services provided on or through the Website.
23. Assignment:
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by TBPLLC, without restriction.
24. Integration Clause:
This Agreement, together with any related Website policies, and any other legal notices published by TBPLLC on the Website, shall constitute the entire agreement between Users and TBPLLC concerning the Website and governs each User’s use of the Website, superseding any prior agreements between any User and TBPLLC with respect to the Website.
25. Waiver and Severability of Terms:
The failure of TBPLLC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction, or arbitrator, to be invalid, the parties to this Agreement nevertheless agree that the court or arbitrator should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
26. Statute of Limitations:
Users agree that, regardless of any state or federal statute, or law, to the contrary, any claims or causes of action arising out of or related to use of the Website, or this Agreement must be filed within one (1) year after such claim or cause of action arose or it shall be forever barred.
27. Governing Law and Venue:
This Agreement shall be governed by the laws of the State of Oregon, without respect to its conflict of laws principles. Any claim or dispute between a User and TBPLLC that arises in whole or in part from the Website shall be decided exclusively by an arbitrator or court of competent jurisdiction located in Multnomah County, Oregon.
Users agree that: (i) the Website shall be deemed solely based in Oregon; and (ii) the TBPLLC Website shall be deemed a passive website that does not give rise to personal jurisdiction over TBPLLC, either specific or general, in jurisdictions other than Oregon.
28. Ability to Accept Terms of Service:
User affirms that they are at least eighteen (18) years of age, and are fully able and competent to read, understand and enter into this Agreement, including all conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by, and comply with, all terms of this Agreement.
29. General:
TBPLLC reserves the right to amend this Agreement at any time and without notice, and it is all User’s responsibility to review this Agreement for any periodic changes. Use of the Website following any amendment of this Agreement will signify each User’s assent to and acceptance of its revised terms.