27.1 Entire Agreement. These terms form the entire agreement between you and us about your access to the Website. It supersedes all earlier or contemporaneous terms between you and us about access to the Website. A printed version of these terms will be admissible in any proceedings arising out of (or relating to) these terms to the same extent and subject to the same conditions as other business documents and records originally generated and kept in printed form.
27.2 Copy of these Terms. You may—and we recommend that you—print these terms on your printer or save them to your computer. If you have trouble printing a copy, please contact us at support@CentralWashington.com and we will email you a copy.
27.3 Changes. We may change these terms on one or more occasions. Changes will become effective on the “last updated” date stated at the top of the terms. Changes will not apply to continuing disputes or to disputes arising out of (or relating to) events happening before the posted changes. While we may attempt to notify you when we make changes to these terms, we do not assume an obligation to do so, and it is your responsibility to frequently check this webpage to review the most current terms. If the “Last Updated” date has changed since you last reviewed this Agreement, you can be certain that something has changed, and you should review the Agreement before using the Website. By continuing to use the Website after we post changes to these terms, you agree to the revised terms. If you do not agree to the revised terms, your exclusive remedy is to stop accessing the Website, and notify us that you wish to cancel any user account you created. If you need more information about the changes or have any other questions or comments about the changes, please contact us at support@CentralWashington.com.
27.4 Assignment and Delegation. We may assign any rights or delegate any obligations under these terms to an affiliate or third party. You will not assign your rights or delegate your obligations under these terms without our advanced written consent. Any attempted assignment or delegation in breach of this provision will be void.
27.5 No waiver. If either party fails to require the other party to perform any provision of these terms, that failure does not prevent the party from later enforcing that provision. If either party waives the other’s breach of a provision, that waiver is not treated as waiving a later breach of the provision.
27.6 Severability. If any part of these terms is for any reason held to be unenforceable, the rest of it remains fully enforceable if the essential provisions of these terms for each party remain valid.
27.7 Cumulative Remedies. All rights and remedies provided in these terms are cumulative and not exclusive, and the assertion by a party of any right or remedy will not prevent the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.
27.8 Successors and Assigns. These terms inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign rights or delegate obligations under these terms.
27.9 Force Majeure. We are not responsible for any failure to perform if unforeseen circumstances or causes beyond our reasonable control delays or continues to delay our performance, including:
27.9.A) Acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;
27.9.B) War, riot, arson, embargoes, acts of civil unrest, military authority, or terrorism;
27.9.C) Fiber cuts;
27.9.D) Strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials;
27.9.E) Criminal acts by employees, agents, or third parties;
27.9.F) Failure of the telecommunications or information services infrastructure; and
27.9.G) Hacking, SPAM, data breach, or any failure of a computer, server, network, or software.
27.10.A) Sending Notice to Us. You may send notice to us by email at motify@CentralWashington.com unless a specific email address is set out for giving notice. We will consider an email notice received by us only when our server sends a return message to you acknowledging receipt. We may change our contact information on one or more occasions by posting the change on the Website. Please check the Website for the most current information for sending notice to us.
27.10.B) Sending Notice to You—Electronic Notice. You consent to receiving any notice from us in electronic form either (1) by email to the last known email address we have for you or (2) by posting the notice on a place on the Website chosen for this purpose. We will consider notices sent to you by email received when our email service shows transmission to your email address. You state that any email address you gave us for contacting you is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email you receive. You may change this consent and request paper notice by normal postal delivery, but if you do, we may collect the reasonable cost and postage for sending postal notice.
27.12 Electronic Communications Not Private. We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to us or from us as open communications readily accessible to the public. You should not use the Website to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to the Website regardless of whether they are intended recipients.
27.13 Electronic Signatures. Any affirmation, assent, or agreement you send through the Website will bind you. You acknowledge that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
27.14 Consumer Rights Information—California Residents Only. This provision applies only to California residents. In compliance with Section 1789 of the California Civil Code, please note the following:
Brio Media Group LLC
Post Office Box 927,
Yakima WA 98907
Users who want to gain access to the password-restricted area of the Website must register. We do not charge consumers for registering, but we may charge for registering in the future. You may contact us at support@CentralWashington.com to resolve any disputes or to receive further information about the Website.
27.15 Complaints—California Residents. You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs through the following link: http://www.dca.ca.gov/about_dca/contactus.shtml or by calling: (800) 952-5210.
27.17 Feedback. We encourage you to provide feedback about the Website. But we will not treat as confidential any suggestion or idea provided by you, and nothing in these terms will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
27.18 Your Comments and Concerns. This Website is owned and operated by Brio Media Group LLC, which is located at Post Office Box 927, Yakima WA 98907. You should send all notices of copyright infringement claims to the copyright agent designated in our DMCA policy in the manner and by the means set out in our copyright policy. You should direct all other feedback, comments, requests for technical support, and other communications relating to the Website to support@CentralWashington.com.
27.19 Usages. In these terms, the following usages apply:
27.19.A) Actions permitted under these terms may be taken at any time and on one or more occasions in the actor’s sole discretion.
27.19.B) References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
27.19.C) References to numbered sections in these terms also refer to all included sections. For example, references to section 6 also refer to 6.1, 6.1(A), etc.
27.19.D) In computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”
27.19.E) References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
27.19.F) “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.
27.19.G) “Including” means “including, but not limited to.”