|
Terms of Use
TERMS OF USE By accessing and using this website, you acknowledge that you have read and understand these terms and conditions of use ("Terms of Use") and agree to be bound by these provisions. Coos-Curry Electric Cooperative, Inc. (“CCEC”) may change or modify these Terms of Use from time to time. Accordingly, please review these terms each time you access our site to ensure your acceptance of these terms. If you do not agree to these Terms of Use, you are not authorized to use this website. The information provided on this website is for general informational purposes as a convenience to the members of CCEC and as a public service. We make no representations concerning the accuracy or completeness of this informational material. The materials are not a substitute for advice from qualified professionals and skilled tradespersons. Disclaimer of Warranties and Limitation of Liability THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ASSURANCES OF ANY KIND CONCERNING UNINTERUPTED OR ERROR-FREE USE OR THE CORRECTION OF ANY DEFECTS. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS SITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, COINCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THIS WEBSITE, INCLUDING DAMAGE TO YOUR COMPUTER OR OTHER EQUIPMENT. CCEC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE OR ANY LINKS TO THIRD PARTY WEBSITES ARE FREE FROM VIRUSES OR OTHER HARMFUL EFFECTS. CCEC IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR THE CORRUPTION OR SECURITY OF INFORMATION TRANSMITTED OVER TELECOMMUNICATIONS OR DATA LINES. Third Party Sites This website may contain links to other unrelated websites on the Internet. We are not responsible for the content, accuracy, copyright compliance, decency standards, or other materials on such sites. Copyright and Other Proprietary Rights All content and materials on this website, including without limitation this site's layout, organization and design, are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. All rights reserved. You agree to comply with all such protections provided by applicable law. You are granted permission to download and print materials from this site for the purpose of your personal review and reference. However, unless you have the prior express written permission of CCEC, you are not authorized to copy, distribute, retransmit or modify any information on this site and any such use is strictly prohibited. Severability If any provisions of these Terms of Use are deemed to be invalid or unenforceable for any reason, such offensive provisions shall be severed to the extent required to conform to applicable law, and the remaining portions of this agreement shall remain in full force and effect. Privacy Please review our Privacy notice to develop an understanding of our practices with respect to this important issue. Our Privacy notice is also subject to these Terms of Use and its provisions are incorporated by this reference. Applicable Law This website is maintained through the Coos-Curry Electric Cooperative, Inc. offices located in Port Orford, Oregon. Accordingly, this agreement shall be deemed to have been made in the state of Oregon and shall be governed exclusively by the laws of the State of Oregon without reference to principles of conflicts of law. By using this website, you consent to exclusive jurisdiction and venue in the state of Oregon. Arbitration of Disputes You agree that any dispute arising out of or relating in any way to your use of this website requires that such claim be resolved exclusively by binding arbitration. Unless otherwise mutually agreed by the parties in writing, the arbitration shall be conducted by a single arbitrator in Port Orford, Oregon, in accordance with the rules of the American Arbitration Association ("AAA"). No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Subject to these Terms of Use, the arbitrator shall be authorized to award either party any remedy permitted by applicable law. Any AAA arbitration costs in this arbitration proceeding initially shall be paid by CCEC subject to CCEC’s right of reimbursement in any arbitration award as the prevailing party. BECAUSE THE USE OF THIS WEBSITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN US, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION. Should this arbitration provision be deemed invalid or otherwise unenforceable for any reason, it shall be severed from the Terms of Use and the parties agree that exclusive jurisdiction and venue for any claims will be in the Circuit Court for the County of Curry in the State of Oregon. |