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Terms of Use

 

FixCanal.com is owned by Hydro Consultings LLC and its AquaLastic® Exclusive Sales Agent, Carding-Winfield Sales & Marketing LLC. Both companies welcome the opportunity to provide information on this website for you to use in accordance with these terms and conditions. Use of the FixCanal.com website signifies your agreement with its terms and conditions of use. The terms and conditions of use as well as the content of the website are subject to change at any time without prior notice. Changes may be made by email notification or postings on the website.

Waiver of Liability
Although every effort has been made to provide complete and accurate information, FIXCANAL.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS AS TO THE ACCURACY OF CONTENT ON THIS WEBSITE.

FIXCANAL.COM ITS OWNERS AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED IN THE WEBSITE, OR THE OPERATION OF THE WEBSITE.

By using FixCanal.com, you assume all risks associated with the use of this site including any risk to your computer, software or data being damaged by a virus, software, or any other files which might be transmitted or activated via the FixCanal.com website. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMISSABLE BY APPLICABLE LAW. BY USE OF THIS WEBSITE, YOU AGREE TO WAIVE LIABILITY FOR DAMAGES OF ANY KIND, ARISING FROM THE USE OF THIS SITE INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE, GENERAL, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES, OR LOST PROFITS, LOST GOODWILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE OR MISUSE OF THE INFORMATION CONTAINED IN THE WEBSITE. BY USE OF THIS SITE YOU AGREE THAT ALL WARRANTIES, EXPRESS ON IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THIS 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.

Indemnification
You agree to defend, indemnify and hold FixCanal.com its owners and their subsidiaries, affiliates, officers, employees, agents, and licensors harmless from and against any and all claims, damages, and costs, including attorneys’ fees, arising from or related to your use of the website.

Links to Other Websites
This website contains links to other Internet sites and information provided by persons not affiliated with FixCanal.com. Such links are not endorsements or referrals of any products, services or information contained in such websites, and no information in any such website has been endorsed or approved hereby. No claims, promises or guarantees about the completeness, accuracy, currency, content or quality of information contained in the links to and from this website are made. Information provided and opinions expressed by others do not necessarily represent the opinions of the owners of FixCanal.com. By use of FixCanal.com, you expressly waive any and all liability resulting from reliance on such information or opinions.

Privacy Policy
When you visit the FixCanal.com website, no personally identifying information about you is gathered, unless you choose to provide such information in an e-mail message. The only other information provided is the visitor’s domain and Internet protocol address, the type of browser and operating system used to access the site, the files visited and the time spent on each file and the time and date of the visit. If you send us e-mail, we use the information you send to respond to your inquiry.

Miscellaneous Provisions
These terms and conditions set out the entire agreement between you and FixCanal.com, its owners and their subsidiaries, affiliates, officers, employees, agents, and licensors. Should any portion of these terms and conditions be found unenforceable, that shall not affect any other portion, which will remain in full force and effect. The failure of FixCanal.com, its owners and their subsidiaries, affiliates, officers, employees, agents, and licensors, to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

These terms and conditions will be governed by and constituted in accordance with the laws of the state of Washington, without regard to its conflict of law provisions.

Any controversy or claim arising against FixCanal.com, its owners and their subsidiaries, affiliates, officers, employees, agents, and licensors relating to the use of the FixCanal.com website, shall be settled by final and binding arbitration administered by the American Arbitration Association in accordance with the Commenced Arbitration Rules and judgment rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator(s) will be selected from a panel of persons having experience with and knowledge of electronic commerce, computers, collaborative media and the Internet. If possible, the arbitrator(s) shall also have knowledge regarding irrigation canals and weed control in irrigation canals. In the event any party’s claim exceeds one million dollars ($1,000,000.00), exclusive of interest and attorney’s fees, the dispute shall be heard and determined by three arbitrators. The place of arbitration shall take place in Spokane County, Washington. Any judicial proceeding relating thereto shall take place in State or Federal Courts in Spokane County, Washington.

Technical questions or concerns about this website should be directed to: Webmaster, FixCanal.com; P.O. Box 675, Nine Mile Falls, WA 99026. FixCanal.com is the property of Hydro Consulting LLC and Carding-Winfield Sales & Marketing LLC.