Web Site Terms of Use Agreement

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

These terms of use (this “Agreement”) govern your use of the public portions of the Public Utility District No. 1 of Chelan County network of websites, including the websites located at www.chelanpud.org,www.ourpublicpower.org, and their related subsites, respectively (the “Websites”). 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 Websites, 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 Websites. BY USING THE PUBLIC PORTIONS OF THE WEBSITES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Financial disclosure. The information on the Websites 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 the Websites 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.

  1. License and use of the Websites. We hereby grant you a nonexclusive, nontransferable license to access, view and use the Websites and the content featured or displayed on the Websites including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations (“Content”) for your personal, noncommercial use. You agree to comply with all applicable laws and regulations with respect to use of the Websites and the Content. This license only grants to you the right to use the Websites and the Content, and you do not acquire any right of ownership or title in it. All of the Content featured or displayed on the Websites is owned by us, our licensors, vendors, agents and/or our Content providers. Except as may be otherwise indicated in specific documents within the Websites or as permitted by copyright law, you are authorized to view, play, print, download and distribute Content found on our Websites authored by us for personal, informational, and noncommercial purposes only. For any other Content, you are responsible for obtaining permission of the copyright holder before reusing any copyrighted material that is available on the Website. The Websites, their Content and all related rights shall remain the exclusive property of us or our licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these Websites.
  2. Restrictions. Your right to use the Websites and Content is personal to you. You may not: (a) use, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell the Websites or the Content except as permitted by this Agreement; (b) modify, reverse engineer, decompile or disassemble any part or all of the Websites or Content; (c) create or attempt to create derivative works based on or of the Websites or the Content, in whole or in part; (d) use data mining, robots, or similar data gathering and extraction tools on the Websites; or (e) use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Websites or any activities conducted on the Websites; or (ii) bypass any measures we may use to prevent or restrict access to the Websites. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you. Since we do not want to receive information owned by someone other than you, you also agree not to send or upload to the Websites 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.
  3. Trademarks. All trademarks, service marks and trade names used in the Websites, if any, are trademarks or registered trademarks of us or our contractors, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify our trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Web sites, without our prior written consent.
  4. Solicited Submission Policy. Where we have specifically invited or requested submissions or comments, we encourage members of the public to submit user published content or user content (e.g. comments to stories, posting of advertisements, participation in communities, videos, tips, etc.) to us that they have created for consideration in connection with the Websites (“User Submissions”).User Submissions remain the intellectual property of the individual user, but User Submissions will not be subject to our Privacy Policy. By posting content on or submitting content to us via the Websites, you expressly grant us a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the world. Any such User Submissions are deemed non-confidential and we are under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
  5. Third Party Links. From time to time, the Websites may contain links to websites that neither we nor our affiliates own, operate or control. All such links are provided solely as a convenience to you. If you use these links, you will leave the Websites. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from these Websites, you do so entirely at your own risk.
  6. Inappropriate Material. You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
  7. User-Published Content. User-published Content does not represent the views of the Public Utility District No. 1 of Chelan County or any individual associated with us, and we do not control this user-published Content. In no event shall you represent or suggest, directly or indirectly, our endorsement of user-published Content. We do not vouch for the accuracy or credibility of any user-published Content on our Websites and do not take any responsibility or assume any liability for any actions you may take as a result of reading user-published Content on our Websites. Through your use of the Websites, you may be exposed to user-published Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense and foreign nationals. By using our Websites, you assume all associated risks.
  8. Contests, Sweepstakes and Games. From time to time we may offer contests, sweepstakes and games. Additional terms and conditions will apply to your participation in each contest, sweepstakes or game.
  9. Indemnification. You shall indemnify us, our Board of Commissioners, officers, employees, agents, Content providers, licensors and vendors 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 or in connection with (a) your use of the Websites and/or the Content, including but not limited to information you send or upload to the Websites; (b) your violation of any term of this Agreement; or (c) your violation of any law, rule or regulation of the United States or any other country.
  10. 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.
  11. WARRANTY DISCLAIMER.WE AND OUR WEBSITE CONTRIBUTORS, IF ANY, MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITES OR THE CONTENT, INCLUDING WITHOUT LIMITATION, THAT THE WEBSITES AND THE CONTENT WILL MEET YOUR REQUIREMENTS; THE WEBSITES AND THE CONTENT, INCLUDING WITHOUT LIMITATION ITS OPERATION, OR THE SERVICES WILL BE COMPLETE, ACCURATE, UNINTERRUPTED, SECURE, OR ERROR-FREE; OR THAT THE WEBSITE AND ITS CONTENT WILL FUNCTION PROPERLY IN COMBINATION WITH YOUR EQUIPMENT. THE INFORMATION, CONTENT AND INFORMATION PROVIDED ON OR THROUGH THE WEBSITES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
  12. LIMITATION OF LIABILITY. WE DO NOT ASSUME ANY RESPONSIBILTY, AND WILL NOT BE LIABLE, FOR ANY DAMAGES TO, OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO OR USE OF THE WEBSITES OR DOWNLOAD OF CONTENT FROM THE WEBSITES. IN NO EVENT SHALL WE OR OUR WEBSITE 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, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITES, ANY WEBSITES LINKED TO THE WEBSITES, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION FOR CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE OR OUR WEBSITE CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  13. YOUR REMEDIES. 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 WEBSITES OR CONTENT, IF YOU EXPERIENCE DEFECTS IN THE WEBSITES, OR IF THERE IS ANY OTHER MATTER ARISING FROM YOUR USE OF THE WEBSITES OR CONTENT.

    IN ADDITION, ACTIONS OR INACTIONS OF THIRD PARTIES MAY RESULT IN SITUATIONS IN WHICH YOUR INTERNET CONNECTION, USE OF THE WEBSITES, 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 THE EVENT OF ANY PROBLEM WITH THE WEBSITES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITES.  IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED ONE HUNDRED DOLLARS (US $100.00). 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.

  14. Right to Takedown Content. We shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the websites at any time without notice. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of this Agreement access to the Websites.
  15. Representations and Warranties. You represent that you are over the age of 18, or possess legal parental or guardian consent, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and that you have read, understood, agree with, and will abide by the terms of this agreement. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website. Furthermore, you will be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent and warrant the following:(a) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the license in Section 4; (b) if necessary you have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness in the manner contemplated by the Websites and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (c) you have read, understood, agree with, and will abide by this Agreement; (d) the User Submission and our use thereof as contemplated by this Agreement and the Websites will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity; (e) you have not and will not engage in any of the following in connection with the production of, your appearance in, or contribution(s) to your User Submission: infliction of injury to any person or animal, humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, entry on any property without permission, or any other act or omission that could give rise to civil and/or criminal liability; (f) the User Submission does not contain: (i) material falsehoods or misrepresentations that could harm us or any third party; (ii) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (iii) advertisements or solicitations of business; or (iv) impersonations of third parties, other than those which are readily apparent.
  16. 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 Websites following the posting of changes to these terms will mean you accept those changes.
  17. Term and termination. The terms and conditions of this Agreement apply upon your first use of any of the Websites and will 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 Websites 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 Websites. All rights and obligations that should by their nature survive will survive any termination of this Agreement.
  18. Force Majeure. We will not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers
  19. 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.
  20. 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.
  21. 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 Websites 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.
  22. Privacy. Data collection and use, including data collection and use of personally identifiable information is governed by our Privacy Policy [https://chelanpud.org/other/privacy-policy] which is incorporated into and is a part of this Agreement.
  23. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. In operating the Websites, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third-party websites. As a result, third-party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Websites. We have in place certain legally-mandated procedures regarding allegations of copyright infringement occurring on the Websites. We have adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on our rights or the rights of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If you believe any material available via the Websites infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is: Erik K. Wahlquist, General Counsel, Chelan County PUD, 327 N. Wenatchee Avenue, Wenatchee, WA 98801, (509) 661-4237, erik.wahlquist@chelanpud.org.

    Please provide the following notice:

    1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
    2. Identify the material on the Websites that you claim is infringing, with enough detail so that we may locate it on the Websites;
    3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
    5. Your address, telephone number, and email address; and
    6. Your physical or electronic signature.

      We may give notice to our users of any infringement notice by means of a general notice on any of our Websites, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

  24. Entire Agreement. This Agreement, including the Privacy Policy, is the entire agreement between the user and Public Utility District No. 1 of Chelan County and supersede any prior understandings or agreements (written or oral).
  25. Additional Assistance. If you do not understand any of the foregoing terms and conditions or if you have any questions or comments, we invite you to contact our Customer Service Department by email at ContactUs@chelanpud.org or by phone at (509) 663-8121.
  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.