TERMS OF USE

Welcome to the Northwest Hydroelectric Association (“NWHA”) website.  Your use of our website at www.nwhydro.org and http://www.nwhydro.parts, which includes or may include NWHA’s mobile sites and downloadable mobile applications and social media pages (collectively the “Site”), or any services offered through the Site (“Services”) is subject to these Terms of Use (these “Terms”).  Please read these Terms in full before using the Site.  By accepting these Terms, or by using the Site, you agree to be legally bound by these Terms.

Acceptance of these Terms
If you do not agree to these Terms, please do not use the Site.  The NWHA reserves the right to change these Terms at any time without prior notice and your use of the Site binds you to any/all changes made.  As we do occasionally update these Terms, please refer to them in the future.  The NWHA has the right, but not the obligation, to take any actions without providing any prior notice to you including: (i) change or terminate all or any part of the Site or Services; (ii) restrict or terminate your access to all or any part of the Site or Services; and (iii) refuse, move, or remove any content that is available on the Site and any material you submit to the Site.

You agree that the NWHA shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site or Services.

Use of the Site
The contents of the Site may be used for informational purposes only.  Any other use of such contents, including the reproduction, modification, distribution, transmission, republication, display, or performance of the contents without the prior written consent of the NWHA is expressly forbidden.

Any trademarks or service marks appearing anywhere on the Site are the property of their respective owners.  To the extent any product name or logo does not appear with a trademark (™) does not constitute a waiver of any and all intellectual property rights that the NWHA or other business has established in any products, features, or service names or logos.

Except as expressly authorized by the NWHA in writing, you may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, methods, or process whatsoever, now known or hereafter developed, any content of the Site for commercial gain or profit.  Nothing in these Terms or on the Site shall be construed as conferring any intellectual property or other proprietary rights to you.  You agree to observe copyright and other applicable laws and may not use the contents of the Site in any manner that infringes or violates the rights of any person or entity.  Those portions of the Site owned by the NWHA are the copyright of the NWHA.  All rights are reserved.  You agree that any/all of the NWHA’s trademarks, trade names, service marks, logos, and service names are the property of the NWHA (the “NWHA Marks”).  You agree not to display or use in any manner the NWHA Marks without the prior written permission of the NWHA.
As a condition of your use of the Site, you will not use the Site, or any contents or any of the Services, for any purpose that is unlawful in any applicable jurisdiction where the Site is being used, or prohibited by these terms, conditions, and notices, and you agree to abide by the terms and conditions set forth in the “User Conduct” section below.  You may not use the Site or any Services in any manner that could interfere with any other party’s use and enjoyment of the Site, or any content or any Services, other than those you are so authorized.

While every effort is made to ensure the timeliness and accuracy of the Site and any Services, the NWHA makes no warranties either express or implied, and assumes no liability or responsibility for the completeness, use, accuracy, reliability, correctness, timeliness, or usefulness, of any of the results obtained from its use.
We make no representation or warranty, express or implied, with respect to the content of the Site, or links to other websites, including but not limited to accurateness, completeness, correctness, timeliness, or reliability.

We make no representation or warranty regarding the merchantability or fitness for a particular purpose or use with respect to any content or Services whatsoever that may be accessed through the Site, or the results to be obtained from using the Site.  We make no representation or warranty that the Site or content is free from defects or viruses.  Your use of any external links and third-party websites is at your own risk and subject to the terms and conditions of use for such links and websites.

While every effort is made to ensure that all content provided on the Site does not contain computer viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for computer viruses or otherwise protect your computer and you should ensure that you have a complete and current backup of the applicable items on your computer.  We disclaim any liability for the need for services or replacing equipment or data resulting from your use of the Site.  While every effort is made to ensure smooth operation, we do not warrant the Site will operate error free.

User Conduct 
When using the Site, you shall not post or send to or from the Site: (i) content for which you have not obtained all necessary consents; (ii) content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where the Site is being used; and (iii) content which is harmful in nature including, and without limitation, computer viruses, corrupted data, or other potentially harmful software or data.

If you provide information to the Site that is untrue, inaccurate, incomplete or not current, of if the NWHA has reasonable grounds to suspect that such information is inaccurate, incomplete or not current, the NWHA has the right to refuse any and all current or future use of the Site, or any portion thereof, without prior notice.  You agree that the NWHA will not be liable to you or any third party for any termination of your access to the Site.

We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting materials to the Site in breach of this Section.

Third-Party Websites
The Site may contain images of and links to third party websites (“Linked Sites”). The Linked Sites are not under the control of NWHA and NWHA is not responsible for examining or evaluating any Linked Sites, and NWHA does not warrant the offerings of any of these businesses or individuals or the content of the Linked Sites. NWHA does not assume any responsibility or liability for the actions, product, and content of all these Linked Sites and any other third parties. NWHA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NWHA of any Linked Sites or any association with its operators, or with any of its products or services. You should carefully review their privacy statements and other conditions of use.

If you link to the Site, you may only do so on the basis that you link to, but do not replicate, any page of the Site, and are subject to the following conditions: (i) you do not in any way imply that we are endorsing any services or products unless NWHA has provided its prior written consent; (ii) you do not misrepresent your relationship with us or present any false information about us; (iii) you do not link from a website that is not owned by you; and (iv) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the laws of the United States of America.

If you choose to link the Site in breach of this Section, you shall fully indemnify us for any loss or damage suffered as a result of your actions.

Disclaimer
THE NWHA ASSUMES NO LIABILITY FOR YOUR RELIANCE ON THE CONTENTS OF THE SITE.  ALL INFORMATION ON THE SITE IS FURNISHED FOR YOUR GENERAL KNOWLEDGE AND UNDERSTANDING AND FOR GENERAL REFERENCE ONLY.  THE INFORMATION ON THE SITE DOES NOT CONSTITUTE LEGAL OR PROFESSIONAL ADVICE AND INFORMATION ON THE SITE IS NOT INTENDED TO, NOR DOES IT, INCLUDE INFORMATION REGARDING SAFE OPERATIONS AND MAINTENANCE PRACTICES.  ALL OPERATIONS AND MAINTENANCE PRACTICES SHOULD BE IN ACCORDANCE WITH YOUR COMPANY’S SPECIFIC SAFETY REQUIREMENTS AS WELL AS ALL APPLICABLE LAWS, REGULATIONS AND RECOMMENDED INDUSTRY PRACTICES ADDRESSING SAFETY COMPLIANCE (E.G., OSHA, ETC.).  YOU ARE RESPONSIBLE FOR SEEKING LEGAL OR PROFESSIONAL ADVICE ON ALL MATTERS CONCERNING LEGAL COMPLIANCE AND SAFETY.

All information on the Site is of a general nature and is furnished for your knowledge and understanding and as an informational resource only.  The documents and any related graphics published on the Site could include technical inaccuracies or typographical errors.  Changes are periodically added to the information on the Site.  We may make improvements and/or changes to any of the products depicted of described herein at any time.  We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of the Site or reliance on information from the Site.

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THE SITE, INCLUDING TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.

Limitation of Liability
YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.  NWHA WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE PRODUCTS, OR YOUR RELIANCE ON OR USE OF THE SITE, THE INFORMATION OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

Indemnification
You agree to defend, indemnify, and hold the NWHA, its officers, directors, employees, volunteers, agents, licensors, suppliers, and other partners harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Site or your violation of these Terms or your violation of any third-party right, including without limitation any trademark, copyright or other proprietary or privacy right.

Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.

Applicable Law

This Site is intended solely and exclusively for residents of the United States. By using the Website, you represent that you are not a European Union resident. If you are located outside of the United States, including in the European Union, and you use the Website you are doing so in violation of our Terms and Conditions. By providing Personally Identifiable Information, you acknowledge and consent to the transfer and processing of such information in the United States.

You and the NWHA agree that these Terms and the relationship between you and the NWHA shall be governed by and construed in accordance with the laws of the District of Columbia, without regard to its conflicts of law provisions.  The Site, and the contents thereof, and any disputes arising therefrom shall be construed and interpreted under the laws of the District of Columbia, and applicable federal laws of the United States.  Use of the Site constitutes irrevocable and unconditional agreement to the jurisdiction of the District of Columbia for purposes of all legal proceedings arising out of or relating to these Terms and you agree not to commence any legal proceedings related thereto except in such court.

General
These Terms, and any legal notices published by us on the Site, shall constitute the entire agreement between us concerning use of the Site.

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the NWHA’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS FOREVER BARRED.

Our Contact Information
If you have any questions or concerns about the Site or these Terms, please contact: info@nwhydro.org.

Terms of Use were last updated 15 Oct 2019.

PRIVACY POLICY

This Privacy Policy sets forth how Northwest Hydroelectric Association (“NWHA” or “we”, “our”, or “us”) collects information about you, how we use the information we collect, with whom we disclose such information, and the steps we take to secure the information we collect when you use the NWHA website at http://www.nwhydro.org (“Website”).

By using our Website, you consent to the collection, use and sharing of your information by NWHA in accordance with this Privacy Policy. This Privacy Policy incorporates herein the Terms of Use of this Website; both statements should be read in conjunction with each other.

It is important for the Website users to read the Privacy Policy carefully. The Privacy Policy may change over time. We have provided an “effective date” and the date that this Privacy Policy was most recently updated so that Website users can be aware of the Privacy Policy in effect at all times. We encourage all users to occasionally refer to this Privacy Policy so that they can remain aware of our current practices.

This Privacy Policy is intended solely and exclusively for residents of the United States and Canada. Accordingly, this Privacy Policy is directed only towards residents of the United States and Canada. By using the Website, you represent that you are not a European Union resident. If you are located outside of the United States or Canada, including in the European Union, and you use the Website you are doing so in violation of our Terms and Conditions. By providing Personally Identifiable Information, you acknowledge and consent to the transfer and processing of such information in the United States and Canada.

Information We Collect

Information you give us: We collect any information you provide to us when you complete registration forms, or provide us with your details over the phone, for example when you register an account with us, register to attend one of our events or subscribe to our mailing list. This information might include your name, address, email address, phone number, credit card information and other information relevant to the event or service that you’re registering for.

Information we collect about you: We will collect any information contained in any correspondence between you and us via contact forms on websites, and emails or telephone calls.

We may collect, for the purposes of any events that we operate badged access for, information about your location in and engagement with the event. For example, for certain events, access will be granted via a badge which holds your registration details including personal information. You will be required to use your badge to gain access to the event.
We may collect information about you visiting our website and how you use it. This may include your IP address, geographical location, device information, browser type, referral source, length of visit, operating system, number of page views and similar information. This information may be collected by a third-party website analytics service provider on our behalf.

Information we receive from third parties: We may collect information about you from third parties that we work closely with for the purposes of delivering to you the services that you request from us. For example, we may engage third parties to assist us with our online event registration systems or payment systems; these entities will collect information directly from you on our behalf. We may engage third parties to operate event websites on our behalf; these entities will collect information directly from you about your visits to the website on our behalf.
We may also receive information about you from third parties where you have consented to such third party sharing your information with us.

To What Extent Do We Disclose Your Information to Third Parties?

NWHA may share your information in the following situations:

• Selected third parties that we work with, for the purposes of delivering to you services that you request from us. For example, when you register to attend an event that we host, we may need to share your information with third-party sub-contractors, service providers or other NWHA entities.
• Select third-party advertising partners for our direct marketing and advertising purposes.
• Any other third parties to enable us to enforce our legal rights, or to protect the rights, property or safety of our employees or where such disclosure may be permitted or required by law.

How is Personally Identifiable Information Secured?

Third-Party Websites

The NWHA sites may contain images of and links to third-party websites (“Linked Sites”). The Linked Sites are not under the control of NWHA and NWHA is not responsible for examining or evaluating any Linked Sites, and NWHA does not warrant the offerings of any of these businesses or individuals or the content of the Linked Sites. NWHA does not assume any responsibility or liability for the actions, product, and content of all these Linked Sites and any other third parties. NWHA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NWHA of any Linked Sites or any association with its operators, or with any of its products or services. You should carefully review their privacy statements and other conditions of use.

You should be aware that third-party sites which display advertisements linking to our Website may use a “cookie” to passively collect information to tailor advertising for you. We do not have control over or access to the third-party data collected.

Your Choices

You may opt out of receiving future promotional communications from us by emailing us at info@nwhydro.org or by following the instructions within a promotional communication you received from us. To learn more about your choices regarding receiving promotional emails or other communications, please email us at info@nwhydro.org.

Some of our third-party advertising partners that collect information about users’ activities on or through the Website may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior or mobile application usage for purposes of targeted advertising. For each particular device, individuals may opt out of receiving targeted advertising on websites through members of the Network Advertising Initiative by clicking here or the Digital Advertising Alliance by clicking here.  Options you select are browser and device specific.

We and third parties may use cookies, action tags, or similar technologies on your computer to provide the Website and online services and help collect data. You may block or delete cookies and control data collection through your web browser settings. However, adjusting your browser preferences may impact your experience with the Website.

Notice to California Residents – Your California Privacy Rights

• “Shine the Light”

Regardless of the manner of collection, we do not sell, trade, or rent your Personally Identifiable Information to unaffiliated third parties that may wish to market their own products or services.

• Do Not Track

Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Children’s Privacy

We do not intentionally collect data from children under the age of 13. The Website is not directed to children under 13 and children under 13 should not use the Website. If we learn that we have inadvertently collected any such data, we will delete it as soon as possible.

Contact Us

If you have any inquiries regarding our Privacy Policy, please email us at info@nwhydro.org.

Effective Date

This policy was last updated:  April 16, 2020