HC PWSD #2 Terms of Service
PLEASE READ THE FOLLOWING TERMS AND POLICIES CAREFULLY. WHEN YOU USE THIS WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND POLICIES.
WEBSITE TERMS OF SERVICE
This website that you are visiting (the “Website”) is provided by HC PWSD #2 (the “Provider”, “we”, or “us”). These Terms of Service (“Terms”) constitute an agreement between Provider and you as the user of the Website. Your continued use of the Website constitutes your acceptance and agreement to the Terms.
Modification and Notification
These Terms may be amended from time to time. All amendments, alterations, or changes will be made in writing and the current version of the Agreement will be posted on this website. No individual has the authority to orally alter this agreement at any time.
License and Site Access
Provider grants you a limited, non-exclusive, non-transferable license to access and make personal use of the Website solely for its intended purpose. You may not download (other than page caching) or modify it, or any portion of it, except with Provider’s express written consent. The license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Provider. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information including but not limited to images, text, page layout, or form of the Provider without express written consent from Provider or Licensor, as applicable. Any unauthorized use terminates the permission or license granted. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Provider so long as the link does not portray the Provider, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Provider or Licensor’s logo or other proprietary graphic or trademark as part of the link without express written permission.
Illegal or Abusive Usage is Strictly Prohibited
You may not use the Website or any of its functions for any illegal or unauthorized purpose. Should you be found to have engaged in illegal or abusive usage of our Website, Provider will suspend your account or usage as applicable.
Electronic Communication
When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website or by text message. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any requirement that such communications be in writing.
Copyright
All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and any applicable software, is the property of the Provider, or of Immense Impact, LLC (the “Licensor”), or is used under other license and is protected by United States and international copyright laws. Any use, modification, publication, or display of the content, except as provided in these Terms, is prohibited.
Trademarks
The trademarks, service marks, and trade dress used on this Website to identify and distinguish the Website or the goods and services provided on the Website are the property of Provider, Licensor, or of other third-parties used under license and are subject to United States, Local, and/or international copyright law.
DISCLAIMER OF WARRANTIES
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), NOTICES AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), NOTICES, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, ALL WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROVIDER DOES NOT WARRANT THAT THIS WEBSITE, INFORMATION AND PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, ANY SERVERS, OR TEXT MESSAGES, E-MAILS, OR DOCUMENTS SENT FROM PROVIDER OR A THIRD-PARTY PROVIDER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PROVIDER AND ITS THIRD-PARTY VENDORS OR CONTRACTORS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
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 MIGHT HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY
NEITHER PROVIDER NOR ANY OF ITS VENDORS, THIRD-PARTY SUPPLIERS, NOR ANY OF THEIR AGENTS, EMPLOYEES, OR REPRESENTATIVES SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY ERRORS IN OR OMISSIONS ON THE WEBSITE OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS OBTAINABLE THEREFROM, (B) THE UNAVAILABILITY OR INTERRUPTION OF THE WEBSITE OR ANY FEATURES THEREOF FOR ANY REASON, (C) YOUR USE OF THE WEBSITE, (D) THE CONTENT CONTAINED ON THE WEBSITE, OR (E) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND THE CONTROL OF PROVIDER OR ANY OF ITS VENDORS OR THIRD-PARTY PROVIDERS. YOU ACKNOWLEDGE THAT PROVIDER’S VENDORS AND THIRD-PARTY SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS LIMITATION OF LIABILITY.
Class Action Waiver
If permitted by applicable law, each party waives the right to litigate in court or an arbitration proceeding any dispute related to or arising from these Terms or from your use of the Website as a class action, either as a member of a class or as a representative, or to act as a private attorney general.
Disputes
Any dispute relating in any way to your visit to our website or to products or services sold or distributed by the Provider through the Website in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in the County and State of the Provider’s location, and you consent to exclusive jurisdiction and venue in such courts.
Notice to California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website, please contact us using the information located at the bottom of this website or by writing to HC PWSD #2, P.O. Box 227
22209 E US Hwy 136, Bethany, MO 64424.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
