Terms of Service
Last updated and effective as of June 30, 2020.
THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND ORCA HYDROSEEDING AND ITS AFFILIATES AND SUBSIDIARIES AND GOVERN YOUR ACCESS TO AND USE OF THE Orca Hydroseeding OWNED WEBSITE TOGETHER WITH THE SERVICES AVAILABLE THROUGH THIS SITE (THE “SITE”).
Please read this agreement carefully before using the Site. By accessing or using the Site in any way, including, without limitation, browsing the Site, using any information available through the Site, and/or submitting your personal information to Orca Hydroseeding, you agree to and are bound by the terms, conditions, policies and notices contained on this page, including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Washington law.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.
YOU MUST BE AGE 18 AND OVER TO USE THIS SITE. YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE.
1. Site Content.
- All contents of the Site are: ©Orca Hydroseeding. All rights reserved. The Site contains copyrighted material, trademarks, service marks, trade dress and other proprietary content, including but not limited to text, software, photographs, images, logos, video and graphics (the “Content”), and the entire selection, coordination, arrangement and “look and feel” of the Site and the Content are copyrighted as a collective work under United States copyright laws (collectively, “Intellectual Property Rights”). You are only permitted to use Content as expressly authorized herein or in writing by Orca Hydroseeding. Neither these Terms nor your use of the Site transfers any right, title or interest in the Site or the Content to you, and Orca Hydroseeding and its third-party licensors retain all of its and their respective rights, title and interest to the Site and Content.
- Except as provided in these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from the Site, in whole or in part, without the express permission of Orca Hydroseeding.
- The Site is available worldwide to anyone with Internet access. However, the Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service or other unforeseen circumstances. Further, a reference to a product or service on the Site does not imply that such product or service is or will be available in your location. The content of the Site is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations.
- Certain product, service, or company designations for companies other than Orca Hydroseeding may be mentioned in the Site for identification purposes only. Third party trademarks, trade names, logos, product or services names contained on the Site are the trademarks, registered or unregistered, of their respective owners.
- Nothing contained in these Terms shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, under any of our Intellectual Property Rights or under any third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
2. Permissible Use.
Except as indicated to the contrary elsewhere on the Site, you may view, copy, retransmit and print the Content available on the Site subject to the following conditions:
- The Content is used solely for personal, informational, or internal business purposes;
- the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;
- all copyright, trademark and other proprietary rights notices included in the Content as presented on the Site appear on all copies;
- the Content is not modified or altered in any way; and
- no graphics are used separately from accompanying text.
You may also link or hyperlink to the home page of the Site, but only if:
- You do not frame a Site or any portion of a Site;
- the hyperlink to a Site is not used in a way that suggests that Orca Hydroseeding endorses you or your website;
- the link to a Site is not used or presented in any way that disparages Orca Hydroseeding or tarnishes, blurs or dilutes the quality of Orca Hydroseeding’s names or trademarks or any associated goodwill; and
- the link to a Site is not displayed on any web page that displays objectionable content or links, including but not limited to, any content or information that: (i) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way; (iii) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, hate speech or an infringement of any third party’s intellectual property or proprietary rights; or (iv) violates or encourages others to violate any applicable law.
3. User Conduct.
In using the Site, you agree that you shall not:
- Delete, modify, hack or attempt to change or alter any of the Content on the Site;
- use any device, software or routine intended to damage or otherwise interfere with the proper functioning of a Site or servers or networks connected to a Site, or take any other action that interferes with other parties’ use of a Site;
- use any robot, spider or other automatic or manual device or process for the purpose of harvesting or compiling information on a Site for purposes other than for a generally available search engine;
- use any Orca Hydroseeding names, service marks, or trademarks without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text;
- use any material or information, including text, images or photographs, which are made available through a Site in any manner that infringes any copyright, trademark, patent, trade secret, rights of publicity or other proprietary right of any party; or
- upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
5. Third Party Content.
Certain information and other content may be provided by third party licensors and suppliers to Orca Hydroseeding (“Third Party Content”). The Third-Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third-Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third-Party Content. ORCA HYDROSEEDING DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
6. Links to Third Party Sites.
This Site may be linked to other sites that are not Orca Hydroseeding sites and access to content, products and services of third parties, including without limitation, Orca Hydroseeding’s affiliates and strategic partners and other entities with which our connection consists of only a hyperlink (“Linked Sites”). Orca Hydroseeding is providing these links to you only as a convenience only because they may be of interest to Site users, and Orca Hydroseeding is not responsible for such Linked Sites, including, without limitation, the content or links displayed on such site. Information and views contained in Linked Sites are not adopted by Orca Hydroseeding.
7. Unauthorized Activities.
Unauthorized use of any Content or Third-Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold Orca Hydroseeding and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Orca Hydroseeding or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
Orca Hydroseeding reserves the right to immediately terminate your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon such termination, your right to use the Site shall immediately cease, and you shall destroy all information and content obtained from the Site and all copies thereof.
8. Typographical Errors.
Our goal is to provide complete, accurate, up-to-date information on our Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. The Site may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. Orca Hydroseeding therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
9. Disclaimer of Warranties.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITES, ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. ORCA HYDROSEEDING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ORCA HYDROSEEDING MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF A SITE OR ANY SERVICES OFFERED THROUGH THE SITES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH A SITE WILL MEET YOUR EXPECTATIONS; OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
10. No Medical Advice.
The Site is designed for educational purposes only. The Site does not provide medical advice, diagnoses or recommendations about medical treatment, and it does not recommend or endorse any products or information that may be contained in the Content for your particular circumstances. Orca Hydroseeding has no access to your relevant clinical information and your specific medical treatment regimen is the responsibility of your treating physician. Orca Hydroseeding encourages you to consult your health care provider with any questions or concerns you may have regarding any medical condition. You expressly acknowledge and agree that Orca Hydroseeding is not responsible for the results of your decisions made based on your use of the Site.
THE CONTENT ON THE SITE ARE NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEITHER THE CONTENT NOR ANY OTHER SERVICE OFFERED BY OR THROUGH THE SITES IS INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON A SITE. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
11. Limitation of Liability.
IN NO EVENT SHALL ORCA HYDROSEEDING BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, A SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THE SITES, EVEN IF ORCA HYDROSEEDING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
12. Limitation on Actions Brought Against Orca Hydroseeding.
You agree that any claim or cause of action arising out of your use of a Site or these Terms must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Orca Hydroseeding to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
You agree to indemnify, defend and hold Orca Hydroseeding, its affiliates, shareholders, directors, officers, co-branders, subsidiaries, parents, employees and agents, harmless from any claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys’ fees and costs of litigation, arising out of or in any way related to your use of or access to a Site, your use of the Content (including any use by your employees), your violation of these Terms or your violation of any rights of another.
14. Dispute Resolution.
You agree that any dispute arising out of or relating in any way to your use of a Site requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Intellectual Property Rights, Orca Hydroseeding may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in King County, Washington, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. 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. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law.
BECAUSE THE USE OF THE SITES REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, 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 ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (a) to the non-exclusive jurisdiction of the courts of the State of Washington or to any Federal Court located within King County, Washington for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law. Should this Section 14 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in King County, Washington.
15. Local Laws; Export Control.
Orca Hydroseeding controls and operates this Site from its headquarters in the United States of America and the Content, and/or Third-Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
These Terms will be governed by and construed in accordance with the laws of the State of Washington without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern.
You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.
18. Contact Information.
If you have any questions about these Terms, the practices of Orca Hydroseeding, or your dealings with the Site, please contact us through the address below. You may also contact us to update your personal information by notifying us when you change your name or email address.