Your PUD Web Site Terms of Use Agreement

For Public Portions of the Public Utility District No. 1 of Chelan County Web site

These Terms of Use govern your use of the public portions of any Public Utility District No. 1 of Chelan County Web site located at www.chelanpud.org, fiber.chelanpud.org or www.midc.org (the “Web site”). If the Public Utility District No. 1 of Chelan County (“we,” “us” or “our”) has provided you with a username and password that allow you to access the restricted portions of the Web site, or if you are interested in utilizing Online Bill Pay Services, there are separate terms and conditions that govern your use of those restricted portions of the Web site. BY USING THE PUBLIC PORTIONS OF THE WEB SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Financial disclosure. The information on this Web site is provided for general information. Not all the information is intended for nor should it be relied upon for making investment decisions by current or prospective investors. In addition, certain information contained in this Web site is "forward-looking" based on the opinions and estimates of management at the time the presentation was made and is subject to certain risks and uncertainties that could cause actual results to differ materially from those anticipated in the forward-looking statements. Factors that could affect actual results include, among others, weather conditions and regulatory actions.

License and use of the Web site. We hereby grant you a nonexclusive, nontransferable license to access, view and use the Web site via the Internet and to view and download a copy of the materials, information and documents posted on the public portions of the Web site (the “Content”) for your internal business purposes or your personal information. You agree to comply with all applicable laws and regulations with respect to use of the Web site and the Content. This license only grants to you the right to use the Web site and the Content, and you do not acquire any right of ownership or title in it. All right, title and interest in and to the Web site and the Content will at all times remain with us.

Restrictions. Your right to use the Web site and Content is personal to you. You may not: (i) use, copy or disclose the Web site or the Content except as permitted by this Agreement; (ii) modify, reverse engineer, decompile or disassemble any part or all of the Web site or Content; or (iii) create or attempt to create derivative works based on or of the Web site or the Content, in whole or in part. Since we do not want to receive information owned by someone other than you, you also agree not to send or upload to the Web site any information not required or permitted by us, and any information you do send or upload must be owned by you or in the public domain.

Indemnification. You shall indemnify us, our Board of Commissioners, officers, employees, agents and Web site contributors against, and hold harmless from, any and all lawsuits, claims, expenses, costs (including reasonable attorneys’ fees and court costs), settlements, damages, judgments and the like arising from your use of the Web site and/or the Content, including but not limited to information you send or upload to the Web site.

Injunctive relief. You agree that, if you breach or threaten to breach this Agreement in any manner, we may suffer irreparable damage, money damages will be inadequate, and we shall be entitled to preliminary and other injunctive relief by a court of competent jurisdiction against any such breach or threatened breach, without having to wait for you to cure a breach and without having to post a bond or other security. Such injunctive relief shall be in addition to, and in no way in limitation of, any and all other remedies we may have in law or equity, or under this Agreement, for the enforcement of this Agreement.

Warranties and disclaimers of warranties.

WE AND OUR WEB SITE CONTRIBUTORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEB SITE OR THE CONTENT, INCLUDING WITHOUT LIMITATION THE SUITABILITY OF THE CONTENT AND OTHER INFORMATION CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. YOUR ACCESS TO AND USE OF THE WEB SITE, CONTENT AND OTHER INFORMATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE AND/OR OUR WEB SITE CONTRIBUTORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEB SITE, THE CONTENT AND OTHER INFORMATION, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND AVAILABILITY.

WE AND OUR WEB SITE CONTRIBUTORS DO NOT WARRANT THE ACCURACY OF ANY CONTENT OR OTHER INFORMATION CONTAINED ON THE WEBSITE. FURTHER, WE DO NOT WARRANT THAT: THE WEB SITE AND ITS CONTENT WILL MEET YOUR REQUIREMENTS; THE WEB SITE AND ITS CONTENT, INCLUDING WITHOUT LIMITATION ITS OPERATION, OR THE SERVICES WILL BE ERROR-FREE; OR ALL DEFECTS WILL BE CORRECTED. WE ALSO DO NOT WARRANT THAT THE WEBSITE AND ITS CONTENT WILL FUNCTION PROPERLY IN COMBINATION WITH YOUR EQUIPMENT.

WE DO NOT WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

Limitation of remedies.

YOUR SOLE AND EXCLUSIVE REMEDY FROM YOUR INABILITY TO USE OR ACCESS THE WEB SITE OR THE CONTENT, DEFECTS IN THE WEB SITE, OR ANY OTHER MATTER ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEB SITE OR THE CONTENT SHALL BE THAT WE SHALL USE REASONABLE EFFORTS TO PROVIDE TO YOU A COPY OF THE CONTENT IN AN ELECTRONIC FORMAT OR A PAPER COPY DETERMINED BY US IN OUR SOLE DISCRETION.

THE REMEDY DESCRIBED IN THIS SECTION IS CONDITIONED ON YOUR COMPLIANCE WITH THE RULES AND REQUIREMENTS ESTABLISHED BY US AND USE OF A COMMERCIALLY STANDARD AND PROFESSIONAL INTERNET SERVICE PROVIDER. WE SHALL NOT BE REQUIRED TO PROVIDE ANY REMEDY IF YOU FAIL TO PERFORM THESE AND YOUR OTHER OBLIGATIONS DESCRIBED IN THIS AGREEMENT AND ARE UNABLE TO USE OR ACCESS THE WEB SITE OR CONTENT, IF YOU EXPERIENCE DEFECTS IN THE WEB SITE, OR IF THERE IS ANY OTHER MATTER ARISING FROM YOUR USE OF THE WEB SITE OR CONTENT.

Disclaimer and limitation of liabilities

YOU ARE RESPONSIBLE FOR THE SELECTION OF SOFTWARE TO SATISFY YOUR REQUIREMENTS, FOR YOUR DATA, AND FOR THE DATA AND OTHER RESULTS OBTAINED, AND CONCLUSIONS DRAWN, FROM OPERATION OF THE WEB SITE. WE AND OUR WEB SITE CONTRIBUTORS WILL HAVE NO LIABILITY TO YOU, THIRD PARTIES OR RELATED PARTIES IN CONNECTION WITH THE USE OF SUCH DATA, RESULTS AND CONCLUSIONS, OR ARISING OUT OF ANY USE OF THE WEB SITE OR THE CONTENT, AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR ACTS OR OMISSIONS WHICH MAY RESULT IN ANY LIABILITY OR DAMAGES DUE TO MALPRACTICE, FAILURE TO WARN, NEGLIGENCE OR ANY OTHER BASIS.

IN ADDITION, ACTIONS OR INACTIONS OF THIRD PARTIES MAY RESULT IN SITUATIONS IN WHICH YOUR INTERNET CONNECTION, USE OF THE WEB SITE, THE CONTENT OR OTHER INFORMATION MAY BE IMPAIRED, DISRUPTED OR DAMAGED. WE DO NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE INTERNET, AND SO DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH ACTIONS OR INACTIONS.

IN NO EVENT SHALL WE OR OUR WEB SITE CONTRIBUTORS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSSES 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 WE OR OUR WEB SITE CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR OBLIGATIONS AND YOUR RIGHTS AND REMEDIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND ARE GIVEN IN SUBSTITUTION FOR ALL OTHER WARRANTIES, OBLIGATIONS, AND LIABILITIES OF US UNDER THIS AGREEMENT.

Changed terms. We reserve the right to modify or amend the terms of this Agreement from time to time without notice. Your continued use of the Web site following the posting of changes to these terms will mean you accept those changes.

Term and termination. The terms and conditions of this Agreement shall apply upon your first use of the Web site and shall continue in force as may be modified by us from time to time until terminated by us. We may suspend or terminate this Agreement immediately without cause at any time. Upon termination, you will make no further use of the Web site or the Content. You agree that we shall not be liable to you or any third party for any termination of your access to the Web site. All rights and obligations that should by their nature survive will survive any termination of this Agreement.

No third party beneficiaries. Nothing express or implied in these terms and conditions is intended to confer, nor shall confer, upon any person or entity other than you and us (and our successors or assigns) any rights, remedies, obligations or liabilities whatsoever.

Governing law. These terms and conditions shall be governed by Washington law excluding its conflicts of laws rules. The exclusive venue for any action between you and us shall be in the state courts for Chelan County, Washington or the federal courts for the Eastern District of Washington and you hereby consent to such jurisdiction.

Conflicting terms. To the extent these terms and conditions conflict or are inconsistent in any way with any other agreement(s) between you and us (including without limitation the terms and conditions applicable to the restricted portion of the Web site and or the content or the Online Bill Pay Terms and Conditions), then the terms of such other agreement(s) and not these terms and conditions shall govern.

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