The Northwest Power Pool corporation (the “NWPP Corporation”) has developed and maintains this Website (the “NWPP Website”) to facilitate its corporate activities and as a courtesy and convenience to those organizations that are signatories to the Northwest Power Pool Agreement and the NWPP Corporation’s standard forms of General Services Agreements (“Signatory Organizations”). The NWPP Corporation does not undertake to investigate or assure the accuracy, completeness, timeliness, or availability of the NWPP Website, or any information provided on or through the NWPP Website (collectively, “NWPP Website Information”). There may be errors and omissions, and NWPP Website Information may be out of date.
THE NWPP WEBSITE AND NWPP WEBSITE INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE NWPP WEBSITE AND NWPP WEBSITE INFORMATION AND USE THEM AT YOUR OWN RISK. THE NWPP CORPORATION ASSUMES NO RESPONSIBILITY FOR CONSEQUENCES RESULTING FROM USE OF THE NWPP WEBSITE OR NWPP WEBSITE INFORMATION, AND EXPRESSLY DISCLAIMS ANY OBLIGATION TO CORRECT OR UPDATE NWPP WEBSITE INFORMATION. TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, THE NWPP CORPORATION DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (1) ANY WARRANTY REGARDING THE ACCURACY, SAFETY, OR COMPLETENESS OF NWPP WEBSITE INFORMATION, (2) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (3) ANY WARRANTY OF NONINFRINGEMENT, (4) ANY WARRANTY THAT THE NWPP WEBSITE IS FREE OF MALWARE OR OTHER CHARACTERISTICS THAT COULD RESULT IN UNAUTHORIZED ACCESS OR DAMAGE TO YOUR COMPUTER, YOUR DATA, OR YOUR BUSINESS SYSTEMS, OR (5) ANY WARRANTY THAT THE USE OR AVAILABILITY OF THE NWPP WEBSITE OR NWPP WEBSITE INFORMATION WILL UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
LIMITATIONS OF LIABILITY AND INDEMNIFICATION:
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, THE NWPP CORPORATION WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, LIABILITY, CLAIMS, DEMANDS, REMEDIES, AND CAUSES OF ACTION OF ANY KIND WHATSOEVER (COLLECTIVELY, “CLAIMS”) RESULTING FROM OR RELATED TO THE NWPP WEBSITE OR NWPP WEBSITE INFORMATION, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR ACTUAL, DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT LOSSES OR DAMAGES (INCLUDING THOSE BASED ON LOST OR PROSPECTIVE PROFITS); INACCURATE, DAMAGED, LOST, OR INCOMPLETE DATA; EXPENSES, FINES, PENALTIES, INTEREST, ASSESSMENTS, JUDGMENTS, ATTORNEYS’ AND INVESTIGATIVE FEES AND COSTS; AND ALL OTHER EQUITABLE, COMPENSATORY, OR PUNITIVE RELIEF, AND WITHOUT REGARD TO WHETHER THE CLAIM ARISES IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE NWPP CORPORATION HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF ANY SUCH CLAIM. THE USE OF THE NWPP WEBSITE OR NWPP WEBSITE INFORMATION IN ANY MANNER CONSTITUTES YOUR AGREEMENT TO HOLD HARMLESS AND INDEMNIFY THE NWPP CORPORATION (INCLUDING ITS DIRECTORS, OFFICERS, AND EMPLOYEES) FROM ALL CLAIMS ARISING FROM OR RELATED TO THAT USE.
User Responsibilities and Restrictions:
(1) to use the NWPP Website and NWPP Website Information only for lawful purposes and in compliance with all applicable local, state, federal, and international laws and regulations and other legal requirements, and
(2) that it is your responsibility to protect NWPP Website log-in information to prevent unauthorized access and to ensure that any use of the NWPP Website or NWPP Website Information is consistent with whatever laws, regulations, and organizational policies may apply to you.
You agree not to:
(a) upload any file or content containing malware or that infringes the intellectual property or other rights of any other party, or
(b) use the NWPP Website or NWPP Website Information for resale to any other person or entity.
With respect to any NWPP Website Information containing information or statements about or provided by any Signatory Organization or the NWPP Corporation (collectively, “Company-specific Information”), you agree:
(i) you will not use Company-specific Information as grounds for alleging that any Signatory Organization or the NWPP Corporation has failed to comply with any legal or regulatory requirement to which it is subject; and
(ii) you will not use Company-specific Information to initiate or intervene in any proceeding brought against any Signatory Organization or the NWPP Corporation; and
(iii) you may use Company-specific Information (and any Signatory Organization and the NWPP Corporation may use Company-specific Information provided by any other Signatory Organization or the NWPP Corporation) as reasonably necessary to respond to or defend against allegations of failure to comply with applicable legal or regulatory requirements.
NWPP Website Information Property of the NWPP Corporation:
All NWPP Website Information (including, without limitation the NWPP Corporation logo, all Webpage design elements, text, graphics, audiovisual recordings and all their components (images, sound recording, music, etc.), interfaces, and the selection and arrangement of the foregoing) is the copyrighted property of the NWPP Corporation and may not be used by any other party for any purpose (other than as expressly authorized by the terms posted on the NWPP Website) without the prior written consent of the NWPP Corporation. Any logo of another organization appearing on the NWPP Website is used with permission, and may not be used by any other party for any purpose without prior authorization from the owner of the logo.