You agree to defend, indemnify, and hold harmless Chelan PUD, its affiliates, officers, directors,
employees, agents, successors, or assignees from any and all lawsuits, claims, settlements,
damages, liabilities, costs and expenses including reasonable attorney’s fees arising in any way from
your use of the Service, website or the placement or transmission of any message, information,
software, or other materials or content on or through the website by you or users of your User
Account or related use of the Service, or any violation of these Terms and Conditions by you or users
of your User Account.
Disclaimers of Warranties
The website, Service, and/or any content, information, and functions provided on or through the
website and/or Service are made available on an “as is” and “as available” basis without warranty of
any kind. Chelan PUD makes no representations or warranties about the Services, including without
limitation the suitability for any purpose.
You acknowledge and agree that Chelan PUD does not guarantee or warrant that communications
or payment transactions conducted online will be absolutely secure. As a result, you agree to
assume all risk and liability arising from your use of the Service, including, but not limited to, the risk
of breach in the security of the communications or transactions you conduct online or any credit card,
ACH/Debit or other banking information which you have provided to Chelan PUD for storage on this
Chelan PUD does not warrant the accuracy of the content or other information contained on the
website. Chelan PUD does not warrant that the website or the Service will meet your requirements,
will be error-free, or that all defects will be corrected. Further, Chelan PUD will not be responsible for
errors, omissions, interruptions, deletions, defects, or delays in the operation or transmission of the
website, Service and/or related content, for communication line failures, or for computer viruses
associated with the operation of the website.
CHELAN PUD MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE WEB
SITE OR SERVICE AND HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THE WEB SITE, SERVICE AND OTHER INFORMATION, INCLUDING WITHOUT
LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NONINFRINGEMENT, AND AVAILABILITY. YOU EXPRESSLY AGREE THAT
YOUR USE OF THIS WEBSITE AND/OR SERVICE IS AT YOUR SOLE RISK.
Limitation of Remedies and Limitation of Liabilities
IN NO EVENT SHALL CHELAN PUD, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, SUCCESSORS OR ASSIGNEES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS
RESULTING FROM BUSINESS DISRUPTION, LOSS OF DATA, LOST PROFITS, LOST
GOODWILL, OR DAMAGE TO SYSTEMS OR DATA, WHETHER IN AN ACTION FOR CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF CHELAN PUD OR ANY OTHER
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAM.
You agree that your only available remedy arising out of your inability to use or access the website or the Service, defects in the website, or any other matter arising from your use of the website or the
Service is to make payment on your account directly to Chelan PUD using another payment method
as provided by Chelan PUD policies.
Chelan PUD disclaims any and all liability resulting from or related to any actions or inactions of third
parties that result in impairment, disruption, or damage to your internet connection, use of the
website, or Service. YOU EXPRESSLY RELEASE CHELAN PUD FROM ANY AND ALL CLAIMS,
DAMAGES AND CAUSES OF ACTION ARISING OUT OF SUCH ACTIONS OR INACTIONS.
TERMINATION OR DISCONTINUATION
We reserve the right to terminate the Service at any time without notice including the right to
terminate your use of the Service at Chelan PUD’s sole discretion. If we terminate your use of the
Service, you will need to pay your Chelan PUD bill using another payment option as provided by
Chelan PUD policies.
If there is a dispute regarding the Service, you agree to resolve the dispute in accordance with the
dispute resolution procedures outlined in Chelan PUD’s Customer Service Regulations and Policies
which are available at www.chelanpud.org.
WAIVER, SEVERABILITY. Waiver of a breach of or right hereunder will not constitute a waiver of
any other or subsequent breach or right. If any provision herein shall be held by a court of competent
jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best
accomplish the objectives of the original provision to the fullest extent allowed by law, and the
remaining provisions herein will remain in full force and effect.
APPLICABLE LAW AND VENUE. These Terms and Conditions shall be governed by Washington
law excluding its conflict of laws principles. Exclusive venue for any action between the parties shall
be Chelan County, Washington.
COMPLETE AGREEMENT and CONFLICTS. These Terms and Conditions, along with Chelan
Agreement for Storage of Bank Information, and Authorization Agreement for Direct Payments
(ACH/Debit) as may be selected by you, all of which have been incorporated into these Terms and
Conditions by reference, are the complete, exclusive and binding statement of the agreement
regarding the Service between you and Chelan PUD. It supersedes any proposal or prior agreement,
oral or written, and any other communications between you and Chelan PUD relating to the Service.
If there is a conflict between what a Chelan PUD employee tells you and the terms of this document,
these Terms and Conditions will prevail. If there is a conflict between these terms and conditions and
other documents incorporated herein by this reference, these Terms and Conditions will control.
AMENDMENTS. CHELAN PUD MAY AMEND, MODIFY, OR UPDATE THESE TERMS AND
CONDITIONS AT ANY TIME. YOU WILL BE AGREEING TO THE CURRENT PROVISIONS OF
THESE TERMS AND CONDITIONS EACH TIME YOU MAKE A PAYMENT USING THE SERVICE.
These Terms and Conditions may have been altered or amended from the last time you used the
Service so be sure to read it each time before you make a payment to be certain you still agree with
its provisions. Your use of the Service after any changes to these Terms and Conditions will constitute your agreement to such change(s).