PHOTOGRAPHY
The photographs appearing throughout our site were taken by Greg Kozawa, Chris Hodney, Lauren Coleman, PDX vTours, Spin Virtual Tours + Photography, and other talented professionals. As set forth in the terms of use below, these works are protected by copyright law and may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of PHK. All rights reserved.
DISCLAIMER
The developer reserves the right to make modifications in materials, specifications, plans, designs, scheduling, and delivery of the homes without prior notice. All dimensions are approximate and subject to normal construction variances and tolerances. Plans and dimensions may contain minor variations from floor to floor. Square footages are approximate and based upon “architectural” measurements taken from architectural plans. Final square footages may differ, and the square footages as shown on any condominium declaration and plat will be based upon condominium measurement standards, which are not the same as “architectural” measurements. Furniture, if indicated in floor plan or image is for display purposes only.
PRIVACY POLICY
PHK Development, Inc. and its affiliates (“PHK” or “we”) respect your individual privacy. This privacy policy documents our adherence to the highest industry standards for the protection of your personal information. The policy is effective as of January 1st, 2007, applies to information collected through the site phkinc.com and covers the following areas:
– What personally identifiable information is collected by PHK or by any third party through our site;
– How PHK uses this information;
– With whom PHK may share this information;
– What choices are available to you as a user of the site with respect to collection, use and distribution of the information;
– What types of security procedures are in place to protect the loss, misuse or alteration of information under our control; and
– How you can correct any inaccuracies in the information.
1. Information Collection and Use
PHK collects information on the site at two different stages. First, we collect anonymous, aggregate information (such as domain name or IP address) from all visitors to the site. This type of information is never linked to any personally identifiable information and is only used in the aggregate to generate statistical reports about the use of our site. Second, we require the submission of certain personally identifiable information when you request additional information from us.
2. Personal Information of Children Under 13
PHK complies with the requirements of the Childrens Online Privacy Protection Act (COPPA) and the FTC’s Rule interpreting COPPA (16 CFR § 512). This site is not directed to children and we do not knowingly collect any personally identifiable information from children under 13 years of age through this site.
3. Use of Your Personal Information
PHK will not use or disclose your personal information except as permitted by law. PHK may disclose your personal information to its affiliates and trusted third parties. By submitting an information form, you authorize us to contact you.
4. Use of Aggregate Information
We store information that we collect through log files to create a profile of our users. Log files record internet protocol (IP) addresses, browser types, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track a customer’s movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information. A profile is stored information detailing how individual customers use the site. It is used solely for internal purposes, to help us improve the experience of our customers. We do not share your profile with any third parties.
5. Disclosure of Personal Information As Required By Law
We will disclose personal information when required by law, or if we have a good-faith belief that such action is necessary to (a) comply with a current judicial proceeding, a court order or legal process served on us, (b) protect and defend our rights, or (c) protect the rights, property, and other interests of our users or others.
6. Business Transitions
In the event PHK goes through a business transition, such as a merger, acquisition by another company, or sale of a portion of its assets, our customers’ personal information may be part of the assets transferred. Customers will be notified via prominent notice on our Web site for 30 days prior to a change of ownership or control of their personal information. If, as a result of the business transition, your personally identifiable information will be used in a manner materially different from that stated at the time of collection, you will be given a choice consistent with our Notification of Changes section.
7. Links
This Web site contains links to other sites. PHK is not responsible for the privacy practices or content of these other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by our site.
8. Security
PHK takes commercially reasonable precautions to protect your information. However, given the nature of the Internet and the fact that network security measures are not infallible, we cannot guarantee the security of your information.
9. Correcting, Updating, Deleting and Deactivating Personal Information
If your personally identifiable information changes, you may contact us to correct, update or delete and deactivate our record of your personally identifiable information.
10. Notification of Changes
If we decide to change our privacy policy, we will prominently post a notice on the main page and other pages to alert you about the change. If the privacy policy changes materially so that your personally identifiable information will be used in a manner different from that stated at the time of collection, we will try to contact you by e-mail to give you a choice as to whether or not we may use your information in this different manner. However, you are responsible for ensuring we have a current working e-mail address for you. If the e-mail address you have given us is incorrect or no longer operable, we will have no further obligation to notify you apart from posting the notice on our site.
11. Contact Information
PHK Development, Inc.
3330 NW Yeon Ave., Suite 210
Portland, Oregon 97210
253.861.1472
jhoffinger(at)phkinc.com
TERMS OF SERVICE
1. Acceptance of Terms
Welcome to the website of PHK Development, Inc. (“PHK”) and its affiliates. Before you begin using this site, please read the following Terms of Use (the “Terms”) carefully. Your continued use of this site means you accept and agree to the Terms. The Terms apply to the site at www.phkinc.com. Any violation of these Terms may result in termination of your access to the site. PHK reserves the right to change these Terms from time to time. Please refer to this site periodically for any changes.
2. Proprietary Rights
All content contained on this site, including but not limited to text, graphics, forms, logos, button icons, images, and software is the property of PHK, its affiliates or their collective suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of PHK and protected by United States and international copyright laws. None of the trademarks or trade names on this website may be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner. You receive no rights to any proprietary information or intellectual property of PHK, its affiliates or its suppliers by your use of this website.
3. Use of Website and Contents.
PHK grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of PHK. This license does not include any resale or commercial use of this site or its contents; any collection and use of any listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of information for the benefit of another person; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of PHK. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PHK, our affiliates, or suppliers without our express written consent. Without waiver of any other remedy to which PHK might be entitled, any unauthorized use of this website or other breach of these Terms of Use automatically terminates the rights granted to you.
4. Modifications to Service
PHK reserves the right at any time and from time to time to modify or discontinue the Service (or any part thereof), temporarily or permanently, with or without notice to you. You agree that PHK will not be liable to you for any modification, suspension or discontinuance of the Service. You agree that any termination of your access under any provision of these Terms may occur without prior notice to you, and that PHK will not be liable to you for any termination of your access.
5. Restrictions on Content
You agree not to use this site to post, upload, or transmit any content that is unlawful or actionable under the laws of any jurisdiction to which you or PHK are subject. You agree to indemnify and hold harmless PHK from any liability incurred as the result of your violation of these Terms, in accordance with the provisions of Section 7 of these Terms.
6. Disclaimer of Warranties and Limitation of Liability
YOU AGREE THAT THIS SITE AND RELATED SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PHK DOES NOT WARRANT THAT THIS SITE WILL BE AVAILABLE AT ANY GIVEN TIME, SECURE, OR FREE OF ERROR. YOU USE THIS SITE AT YOUR OWN RISK, AND YOU ASSUME THE RISK THAT ANY MATERIAL DOWNLOADED BY YOU FROM THIS SITE MAY CAUSE LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL PHK BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN IF PHK IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY. THE PARTIES INTEND THAT THIS LIMITATION SHOULD APPLY EVEN IF IT CAUSES ANY WARRANTY TO FAIL OF ITS ESSENTIAL PURPOSE.
7. Indemnification
You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the PHK from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms, or any negligent or wrongful activity related to the use of the PHK site by you or, if you a registered user, by any other person accessing the site using your account.
8. Choice of Law & Forum Selection
You agree that any claims under these Terms will be subject to the laws of the State of Oregon and of the United States of America, and you hereby consent to jurisdiction and venue in the courts of the State of Oregon.
9. No Third Party Beneficiaries
These Terms create no third party rights or obligations between PHK and any other person. It is understood and agreed that the parties do not intend that any third party should be a beneficiary of these Terms.
10. Severability & Waiver
The invalidity of any term or provision of these Terms will not affect the validity of any other provision. Waiver by PHK of strict performances of any provision of these Terms will not be a waiver of or prejudice PHK’s right to require strict performance of the same provision in the future or of any other provision of these Terms.
11. Entire Agreement
These Terms constitute the entire agreement between the parties as to its subject matter, and there are no promises, terms, conditions, or obligations as to said subject matter between the parties other than those contained in these Terms. No modification of these Terms will be valid unless in writing and signed by both parties.
12. Contact
You can contact us at the following address:
PHK Development, Inc.
3330 NW Yeon Ave., Suite 210
Portland, Oregon 97210
253.861.1472
info(at)phkinc.com
PHK® registered in U.S. Patent & Trademark Office.