This Terms & Conditions Agreement (“T&C”) governs the use of the NorthWestHazMat, Inc. Website (NORTHWEST HAZMAT).
Acceptance of Terms: Please read this T&C carefully because your use of NORTHWEST HAZMAT is your agreement that you accept the T&C without modification. NORTHWEST HAZMAT reserves the right, in its sole discretion, to: change, modify, add or remove any portion of this T&C, in whole or in part, at any time without notice or liability to you. Your present and future use of NORTHWEST HAZMAT constitutes your explicit agreement to comply with all the provisions of NORTHWEST HAZMAT’s T&C now or hereafter adopted. Your failure to abide by the T&C may result in termination of your access to NORTHWEST HAZMAT without notice, in addition to any other remedy.
Links to Third Party Sites: NORTHWEST HAZMAT may contain links to other Websites (Linked Sites). The Linked Sites are not under the control of NORTHWEST HAZMAT. While NORTHWEST HAZMAT endeavors to provide links to Linked Sites that are reputable and safe, NORTHWEST HAZMAT is not responsible for nor warrants the contents, practices, policies, transmissions, use of user information, or security of any Linked Site, including without limitation any link contained in any Linked Site, or changes or upgrades to any Linked Site or link therein. Therefore, your access to any Linked Site is at your own risk and your access to these sites constitutes your agreement to release NORTHWEST HAZMAT from any claims or damages resulting thereby. NORTHWEST HAZMAT’s provision of Linked Sites is for your convenience only and NORTHWEST HAZMAT does not imply endorsement of such sites or its operators.
Personal and Non-Commercial Uses: Your right to use NORTHWEST HAZMAT is personal to you. You may not authorize others to use NORTHWEST HAZMAT in a manner which may or does conflict with the T&C or which is unlawful. All users must be able to legally consent to the T&C, otherwise they may not use NORTHWEST HAZMAT. If through your use of NORTHWEST HAZMAT you register personal information such as: your name, address, telephone number, e-mail address, credit card number, and other information needed to provide services to you, we will not knowingly allow anyone other than authorized individuals to use this information without the prior written consent of NORTHWEST HAZMAT. NORTHWEST HAZMAT and its contents are intended solely for the purpose of purchasing products. You may only copy or download contents clearly displayed on NORTHWEST HAZMAT for this purpose and only for personal use. No right, title, or interest in NORTHWEST HAZMAT or its contents is transferred to you as the result of any such permitted copying or downloading. In the event you post any information on NORTHWEST HAZMAT, including, but not limited to a Testimonial, you hereby grant NORTHWEST HAZMAT, INC. a royalty-free, perpetual, irrevocable, non-exclusive right and worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content posted to NORTHWEST HAZMAT, in whole or in part, worldwide and to incorporate it in other works in any form, media or technology now known or later developed. You hereby waive all rights to any claim against NORTHWEST HAZMAT for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such content posted on NORTHWEST HAZMAT.
Registered User Account, Password and Security: In the event you register any account or disclose and personal information on NORTHWEST HAZMAT, you must provide NORTHWEST HAZMAT with complete and accurate information as prompted by NORTHWEST HAZMAT. You may also choose a password and or user name, which is entirely your responsibility to maintain in a confidential manner and to prevent disclosure and use by any third-party. NORTHWEST HAZMAT is not responsible for any losses suffered by you as the result of any unauthorized use; therefore, you must report any such activity immediately to NORTHWEST HAZMAT as set forth herein.
No Unlawful or Prohibited Uses: As conditions of your use of NORTHWEST HAZMAT, you warranty that you will not use NORTHWEST HAZMAT or its contents for any unlawful or prohibited use pursuant to the T&C or otherwise. You further warrant that you will not use NORTHWEST HAZMAT in any manner which could damage, disable, overburden, impair NORTHWEST HAZMAT or its users or otherwise interfere with any other users use and enjoyment of NORTHWEST HAZMAT. You also warrant that you will not attempt to gain unauthorized access to any of NORTHWEST HAZMAT’s services, NORTHWEST HAZMAT’s user information, any other computer systems, or other networks affiliated with or related to NORTHWEST HAZMAT. You further warrant that you will only submit truthful personal and financial information to NORTHWEST HAZMAT and will not will not use any obscene, indecent or offensive language, or submit to NORTHWEST HAZMAT any material that infringes in any way on the rights of others or is false, defamatory, abusive, harassing, or hateful. You also warrant that you will not submit any encrypted information to NORTHWEST HAZMAT, junk mail, or unauthorized advertising. You agree and acknowledge that failure to follow these terms or the T&C may subject you to immediate termination of your access to NORTHWEST HAZMAT without notice, and civil and criminal liability.
Trademark, Copyright, Intellectual and other Proprietary Rights: You agree that you will not upload, post, or otherwise make available to NORTHWEST HAZMAT any material protected by copyright, trademark, intellectual or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You agree that the burden of determining that any material is not protected by copyright, trademark or other proprietary right rests with you. You agree and acknowledge that you shall be solely liable for any damages resulting from any infringement of copyrights, trademarks, trade dress, logos, service marks, or other proprietary rights, or any other harm resulting from any uploading, posting, or submission. NORTHWEST HAZMAT contains copyrighted material, trademarks, trade dress, service marks, and other proprietary information, which may include, but is not limited to, text, software, photos, video, graphics, logos, music and sound. The entire content of NORTHWEST HAZMAT is copyrighted as a collective work under the United States copyright laws. NORTHWEST HAZMAT owns a copyright of the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third-party content provider owns the copyright in the content original to it. You are prohibited from, and agree not to, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content of the Service, in whole or in part. Except as otherwise expressly permitted under copyright law or by the T&C, no copying, redistribution, publication, or commercial exploitation of downloaded material from NORTHWEST HAZMAT will be permitted without the express, written consent of NORTHWEST HAZMAT and any other applicable copyright owners. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletions of author attribution, trademark, and legend or copyright notice shall be made. You hereby agree and acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Disclaimer of Warranty and Limitation of Liability: YOU ACKNOWLEDGE THAT YOU ARE USING NORTHWEST HAZMAT AT YOUR OWN RISK. NORTHWEST HAZMAT IS PROVIDED “AS IS,” AND NORTHWEST HAZMAT, INC. AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF NORTHWEST HAZMAT.
NORTHWEST HAZMAT, INC. AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO NORTHWEST HAZMAT WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON NORTHWEST HAZMAT.
NORTHWEST HAZMAT, INC. AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS NORTHWEST HAZMAT, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM NORTHWEST HAZMAT, YOUR USE OF OR RELIANCE ON NORTHWEST HAZMAT OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON NORTHWEST HAZMAT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NORTHWEST HAZMAT, INC.’S TOTAL LIABILITY FOR ANY AND ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE ANY FEES PAID, IF ANY, FOR USE OF NORTHWEST HAZMAT.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR LEGAL RIGHTS AND DUTIES UNDER THIS AGREEMENT, OR ANY OF THE AGREEMENTS TERMS OR PROVISIONS, YOU SHOULD NOT USE NORTHWEST HAZMAT AND SHOULD CONSULT A LICENSED ATTORNEY IN YOUR STATE PRIOR TO YOUR USE OF NORTHWEST HAZMAT. ANY USE OF NORTHWEST HAZMAT WILL CONSTITUTE YOUR TOTAL ACCEPTANCE OF THE T&C.
Indemnification: You agree to indemnify NORTHWEST HAZMAT and its affiliates, employees, agents and representatives, and to hold them harmless from any and all claims and liabilities (including attorneys’ fees) that may arise from your use of NORTHWEST HAZMAT. You shall cooperate as fully as reasonably required in the defense of any such claim. NORTHWEST HAZMAT reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of NORTHWEST HAZMAT. This Section survives any termination or expiration of the T&C.
Arbitration: Any dispute concerning the T&C must first be settled through arbitration before a single arbitrator, using the rules of commercial arbitration of the Arbitration Service of Portland. Arbitration will occur in Springfield, Oregon. The parties will be entitled to conduct discovery in accordance with the Federal Rules of Civil Procedure, subject to limitation by the arbitrator to secure just and efficient resolution of the dispute. The arbitrator’s decision must include a statement specifying in reasonable detail the basis for and computation of the amount of the award, if any. The arbitrators decision shall be final, subject only to the statutory rights of appeal provided under Oregon law. A party substantially prevailing in the arbitration will also be entitled to recover such amount for costs and attorney fees incurred in connection with the arbitration, including any and all appeals to Circuit Court and to the appellate courts, as is determined by the arbitrator. Judgment upon the arbitration award may be entered in any court having jurisdiction. NORTHWEST HAZMAT, INC. and all users of NORTHWEST HAZMAT acknowledge that damages in the event of a breach or threatened breach of the T&C may be difficult, if not impossible, to ascertain and a remedy at law inadequate. Therefore, nothing in the T&C will prevent a party from resorting to a court of competent jurisdiction in those instances where injunctive relief may be appropriate, including a temporary injunction at the time suit is filed, without notice and without bond, and a permanent injunction thereafter enjoining and restraining a party from breaching or threatening to breach any part of this Agreement.
Force Majeure: Except for the obligation to make payments, neither party will be liable for any failure or delay in its performance under the T&C due to any causes beyond its reasonable control, including, but not limited to, acts of war, acts of terrorism, act of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, or failure of the Internet.
Jurisdiction: You agree that The T&C, for all purposes, shall be governed and construed in accordance with the laws of the State of Oregon applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of the T&C must be brought in a state or federal court in Springfield, Oregon. In addition, you agree to submit to the personal jurisdiction and venue of such courts.
Severability and Entire Agreement: If any provision of the T&C or portion thereof shall be declared invalid for any reason, the invalid provision or portion thereof shall be deemed omitted and the remaining terms shall be given full force and effect. Unless specifically stated herein, the T&C as herein stated or hereafter amended constitutes the entire agreement between NORTHWEST HAZMAT, INC. and all users regarding or related to your use of NORTHWEST HAZMAT and supersedes all prior or contemporaneous communications and proposals, whether electronic or written, between NORTHWEST HAZMAT INC. and all users with respect to NORTHWEST HAZMAT. A printed version of the T&C and of any notice given in electronic format shall be admissible in any legal or administrative proceeding to the same extent as any other original business record. It is the express wish and understanding of all users of NORTHWEST HAZMAT that the T&C is expressed only in English.
You can also write to us at: 36 West Q Street, Springfield, OR 97477 ; or call us at: 1-800-597-1323
If you don’t agree to all terms contained in this T&C, please exit the NORTHWEST HAZMAT immediately.
Thank you for using NORTHWEST HAZMAT.