You agree to these Terms by accessing or using any of the Services. By using the Services, you also agree you have the legal right and capacity to enter into these Terms and to comply with all laws, rules and regulations (e.g., federal, state, local and provincial) applicable to your use of our Services, including, but not limited to, copyright laws and export laws. If you do not agree to be bound by all of these Terms, do not access or use the Services.
© Copyright 2018 Cascade Machinery & Electric, Inc.. All rights reserved.
This Site and the Services, Materials, information, software, facilities, services, related communications, and other content herein are provided on an “as is,” “as available,” and “with all faults” basis. To the fullest extent permissible under applicable law, we disclaim all representations or warranties, express or implied, of any kind, including, but not limited to: warranties of merchantability, non-infringement or fitness for a particular purpose; warranties arising from course of dealing or course of performance; the accuracy, reliability, usefulness, or completeness of any information contained in the Services; that access to the Services will be uninterrupted or error-free; and that the Site or the Services will be secure. We assume no responsibility and shall not be liable for any damages of any nature caused by the use of the Site or our Services, including damages caused by viruses, worms, trojan horses or any other computer software or anomaly that may infect, affect, or damage your computer hardware, software, memory or any other property of yours or others, as a result of your access to or use of the Site or any Services. We disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any materials, content, or products or services advertised or offered by a third party through our services or featured in any banner or other advertising. Our obligations and responsibilities regarding the products and services which we sell or license to our customers are governed solely by our terms and conditions of sale or license under which such products and services are sold or licensed.
LIMITATION OF LIABILITY – INDEMNITY
You agree that you assume full responsibility for your use of the Site and the Services. Under no circumstances will we, our suppliers or other third parties mentioned or involved in creating, producing, or delivering the Services be liable for any direct, incidental, consequential, indirect, special or punitive damages whatsoever (including without limitation, costs and expenses of any type incurred, lost profits, lost data or programs, and business interruption) arising out of your access to, use, inability to use or the results of use of the Site or any Services or Materials (including but not limited to those caused by or resulting from a failure of performance; error; omission; linking to Linked Sites; interruption; deletion; defect; delay in operation or transmission; computer virus; communication line failure; or destruction, unauthorized access to, alteration of, or use of any computer or system), whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not we were advised of the possibility of such damages. We shall have no liability or responsibility for any acts, omissions, or conduct of any user or third party, including Linked Sites. If you are dissatisfied with any of the Materials contained in the Services, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site and Services. You agree to indemnify, defend and hold Cascade Machinery & Electric, Inc., its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates harmless from any demands, loss, liability, claims and expenses (including reasonable attorneys’ fees) made against Cascade Machinery & Electric, Inc. by any third party due to arising out of or in connection with: (i) your use of the Site and access to the Services; (ii) your breach or alleged breach of these Terms; (iii) your violation or alleged violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders; or (v) any misrepresentation made by you. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification and defense by you, and you will not in any event settle any claim without our prior written consent. You agree to cooperate as fully required by us in the defense of any claim. This defense and indemnification obligation will survive these Terms and your use of the Services.
LEGAL DISCLOSURE OF INFORMATION
We may disclose your personal information if required to do so by law or in good-faith believe such action is necessary to: (a) conform to the edicts of the law or comply with a legal process served on this company; (b) protect and defend the rights or property of our company or (c) act to protect the personal safety of the employees of our company and other users of this website.
CHANGES IN TERMS
We reserve the right, in our sole discretion, to revise these Terms at any time and correct any errors or omissions in any portion of the Services and Materials, and will post updates on this webpage with a new effective date. Materials may also be changed, modified, added, or removed and updated without notice at any time; however, we are under no obligation to update Materials. We may also make changes in the products, services, programs, or prices (if any) described in the Services at any time without notice. Your continued use of the Services after any change we make to the Services will be considered acceptance of those changes. You should revisit these Terms from time to time to review the then-current Terms because they are binding on you. These Terms will remain in full force and effect so long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms. At any time, we may (i) suspend or terminate your rights to access or use our Services, or (ii) terminate these Terms with respect to you if we believe that you have restricted or inhibited any other user from using or enjoying the Services or in any other way have used the Services in violation of these Terms. Upon termination of these Terms, your authorization to use the Services automatically terminates and you must immediately destroy any downloaded or printed Materials.