Deschutes
River Manufacturing Conditions of Use
Thank you for visiting Deschutes River Manufacturing
web site. The Deschutes River Manufacturing web site
has been made available to you subject to your compliance
with the terms and conditions set forth below (the "Conditions
of Use").
Please read this document carefully before agreeing
to be bound by the Conditions of Use. If you do not
wish to be bound by the Conditions of Use, you may not
access or use this web site.
Modification of these Conditions of Use:
Deschutes River Manufacturing reserves the right to
change the terms, conditions, and notices at any time,
and such modifications shall be effective immediately
upon posting of such changes. Your continued access
of this web site shall be deemed your conclusive acceptance
of the modified agreement. You are therefore resposible
for regularly reviewing these Conditions of Use and
additional terms or notices posted on the Deschutes
River Manufacturing web site.
Privacy:
Please review our Privacy Policy,
which also governs your visit to Deschutes River Manufacturing,
to understand our practices regarding the use and disclosure
of your personal information.
Electronic Communications:
When you visit Deschutes River Manufacturing or send
e-mails to us, you are communicating with us electronically,
and thereby you are consenting to receive communications
from us electronically or by other means available.
We will communicate with you electronically, by telephone,
or by facsimile. It is also understood that all agreements,
disclosures, notices, and other communications that
we provide to you electronically satisfy any legal requirement
that such communication be in writing.
Copyright and Licenses:
The entire contents of this website, including but not
limited to: Text, graphics, logos, button icons, Flash
movies, images, audio clips, digital downloads, data
compilations, and software, are the property of Deschutes
River Manufacturing, it's collaborators, or it's clients
and are protected by Domestic and International copyright
and trademark laws. You may not modify, copy, reproduce,
republish, upload, post, transmit, or distribute any
portion of the website contents without the prior expressed
written consent of Deschutes River Manufacturing.
You may print or download portions of the materials
from various areas of this website solely for your own
non-commercial use provided that you agree not to change
or delete any copyright or proprietary notices from
the materials. If you believe any content appearing
on our website constitutes a copyright infringement
of another parties rights, please contact us immediately
at the-rookie@bendnet.com
to notify us of this infringement.
Your submissions of files including, but not limited
to: Resumes, e-mail, Flash movies, images, logos, audio
loops, and other software hereby constitutes your agreement
to grant Deschutes River Manufacturing a non-exclusive,
royalty-free, worldwide, sub-licensable, perpetual license
to reproduce, distribute, transmit, adapt, sub-license,
and publicly display any such submissions. You also
grant Deschutes River Manufacturing the right to utlilize
your name in connection with all advertising, marketing
and promotional materials related thereto.
License and Website Access:
Deschutes River Manufacturing grants you limited license
to access and make personal use of this website and
not to download (other than for page caching purposes)
or modify it, or any portion of it, except with the
express written consent of Deschutes River Manufacturing.
This website or any portion of this website may not
be reproduced, duplicated, adapted, copied, sold, resold,
transmitted or otherwise exploited for any commercial
purpose without the express written consent of Deschutes
River Manufacturing. You may not frame, or use any framing
techniques to enclose any trademark, logo, or other
proprietary information (including images, text, flash
movie, page layout, or form) of Deschutes River Manufacturing
without the express written consent of Deschutes River
Manufacturing. You may not use META tags or any other
"hidden text" which utilize Deschutes River
Manufacturing, Deschutes River Manufacturing or any
other derivative of our domain or company name without
the express written consent of Deschutes River Manufacturing.
You are hereby granted a limited, revocable, and nonexclusive
right to create a hyperlink to the home page of Deschutes
River Manufacturing so long as the link does not portray
any false, misleading, derogatory, or otherwise offensive
matter.
It is further understood and agreed that Deschutes River
Manufacturing cannot and does not guarantee or warrant
that files made available for downloading through the
Deschutes River Manufacturing website will be free of
infection or viruses, worms, Trojan Horses or other
code that manifests contaminating or destructive properties.
It is your responsibility for implementing sufficient
safeguards and procedures to ensure that any files obtained
through Deschutes River Manufacturing are free from
such contaminations.
Disclaimer of Warranty/Limitation of Liablility:
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY
DESCHUTES RIVER MANUFACTURING ON AN "AS IS"
AND "AS AVAILABLE" BASIS. DESCHUTES RIVER
MANUFACTURING MAKES NO EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO
THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU
EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT
YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DESCHUTES
RIVER MANUFACTURING DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
DESCHUTES RIVER MANUFACTURING DOES NOT WARRANT THAT
THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM DESCHUTES
RIVER MANUFACTURING ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. DESCHUTES RIVER MANUFACTURING WILL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE
USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
DESCHUTES RIVER MANUFACTURING USES REASONABLE EFFORTS
TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS
WEBSITE. DESCHUTES RIVER MANUFACTURING ASSUMES NO LIABILITY
OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS
OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT
THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH
OTHER INCORRECT INFORMATION, DESCHUTES RIVER MANUFACTURING
SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS
PLACED FOR THE PRODUCT LISTED INCORRECTLY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF
THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY
NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Third Party Links:
Linked websites are not under the control of Deschutes
River Manufacturing, and Deschutes River Manufacturing
is not responsible for the contents of any linked site
or any link contained in a linked site. Deschutes River
Manufacturing provides links to you only as a convenience,
and the inlcusion of any link does not imply or constitute
an endorsement by Deschutes River Manufacturing of the
site.
Applicable Law:
By visiting the Deschutes River Manufacturing website,
you agree that the laws of the state of Oregon, without
regard to principals of conflict of laws, will govern
these Conditions of Use and any dispute of any sort
that might arise between you and Deschutes River Manufacturing.
Disputes:
Any dispute relating in ay way to your visit or access
of the Deschutes River Manufacturing website or to the
products or services you purchase through the Deschutes
River Manufacturing website shall be submitted to binding
arbitration in Deschutes County, Oregon, except that,
to the extent you have in any manner violated or threatened
to violate Deschutes River Manufacturing' intellectual
property rights, Deschutes River Manufacturing may seek
injunctive or other appropriate relief in any state
or federal court in the state of Oregon, and you consent
to exclusive jurisdiction and venue in such courts.
Arbitration under these Conditions of Use shall be conducted
under the rules then prevailing of the American Arbitration
Association. The arbitrator's award shall be binding
and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under these Conditions of Use shall
be joined to an arbitration involving any other party
subject to these Conditions of Use, whether through
class arbitration proceedings or otherwise.
Indemnification:
You agree to indemnify, defend and hold harmless Deschutes
River Manufacturing, its officers, directors, owners,
partners, employees, agents, licensors, suppliers and
any third party information provider to the website
from and against all losses, expenses, damages and costs,
including attorney's fees, resulting from any violation
of these Conditions of Use (including negligent or wrongful
conduct) by you or your use and access of the Deschutes
River Manufacturing website.
International Use:
Given the global nature of the Internet, you agree to
comply with all local rules uncluding, without limitation,
rules about the internet, data, e-mail, privacy, copyright,
and trademark infringement. Additionally, you agree
to comply with all applicable laws regarding the transmission
of technical data exported from the United States or
the country in which you reside.
Other Provisions:
Deschutes River Manufacturing' failure to insist upon
or enforce strict performance of any provision of these
Conditions of Use shall not be construed as a waiver
of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to
modify any provision of these Conditions of Use. Deschutes
River Manufacturing may assign its rights and duties
under these Conditions of Use to any party at any time
without notice to you. If any of these conditions shall
be deemed invalid, void, or for any reason unenforceable,
that condition shall be deemed severable and shall not
affect the validity or enforceability of any remaining
condition. Any rights not expressly granted herein are
reserved.
Request and Address:
Please send notices by care of e-mail to: the-rookie@bendnet.com
or by our mailing address:
Deschutes River Manufacturing
65533 Old Bend - Redmond Hwy
Bend, OR 97701
phone: 541-480-5967
fax: 541-389-4218
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