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Terms & Conditions

Terms & Conditions of Sale

Our Terms and Conditions apply to all purchases and sales of items offered here, and your purchase means you have accepted our Terms and Conditions of Sale in effect as of the date of purchase. We disclaim any other Terms and Conditions contained in any customer purchase order, order form or otherwise unless expressly agreed to by us in writing. Purchase orders must be strictly in conformity with these Terms and Conditions; inconsistent or conflicting terms in any purchase order or sale acknowledgment are rejected and shall be controlled by these Terms and Conditions unless agreed to by the customer and AWP in a separate mutual writing. Additional terms are not binding unless agreed to by an officer of AWP in a separate writing. We reserve the right to decline fulfilling orders at our discretion.

PRICING AND CHARGES

Product: Prices and charges are effective immediately when displayed on our website, and are subject to change without notice. All prices are quoted in U.S. dollars. We reserve the right to pass on any surcharges or impose purchase restrictions or limits at any time.

Charges: All orders are subject to applicable shipping, freight, taxes and processing charges. Shipping charges for ground service on all stocking orders are determined by using a flat rate table that is based on the combined weight of all items on the order. There are no additional charges for split shipments on AWP stocking orders. This simplified table approach gives AWP the ability to quote freight at the time of the order. Flat table charges are intended to approximate AWP's average cost to process and ship a package of similar weight characteristics. In some cases, shipping charges may be less than or greater than AWP's actual cost to process and ship.

Carrier Surcharges: Carriers may impose surcharges, which vary by carrier and may change at the carrier's discretion. AWP will pass on the surcharge.

Minimum Order: $25 (U.S. dollars). You will be charged the minimum $25 on any order with a merchandise value of $25 or less.

TERMS/BILLING OPTIONS

Net 30 days on approved open accounts from date of invoice. In addition to open accounts, we also accept cash, C.O.D. and most major credit cards. AWP has multiple payment/billing options. If an open account customer fails to make full payment within thirty (30) days from date of invoice, AWP may defer any further shipments or other orders, or cancel any portion of an unshipped order. AWP further reserves the right to charge interest on overdue invoices at the rate of 18% per annum (1.5% monthly) or at the highest rate available under applicable law. It is understood and agreed that customer will pay, to the extent permitted under law, all reasonable costs and expenses, including attorney’s fees, collection agency fees and court costs incurred by AWP in connection with any collection action for payment of the amounts due herein.

DELIVERY

AWP deliveries are made Monday through Friday, daytime hours only. Small to medium sized packages will be shipped via Fedex, UPS, or USPS within 3 working days of when your order is placed.  Large, heavy, or bulky items will be shipped via freight in wooden crates or palletized within 5 working days.  If you need your items faster, please let us know in the "Order Notes" when you check out, and we can explore other delivery possibilities. This service will incur an extra fee. 

Most orders are shipped UPS. AWP also uses various carriers for different regions. Items that are drop shipped directly from manufacturers may take longer, so items ordered together may not always arrive in the same box or on the same day. Hazardous materials require special handling, are not service level guaranteed and may be subject to local, state and federal regulations which may delay or prohibit shipments. Hazardous materials will not be shipped to Alaska or Hawaii or exported outside of the contiguous United States. All orders are shipped F.O.B. from AWP's distribution facility. Title and risk of loss pass to customer on delivery to the common carrier or upon customer pickup.

DAMAGED OR LOST SHIPMENTS

UPS, Fed-Ex Ground, other package carriers & Prepaid Truck Shipments (AWP carrier): Check your order immediately upon arrival. All damages must be noted on delivery receipt. All shortages and damages must be called into AWP at 1-503-873-9300 or e-mailed to sales@atwholesaleprice.com within 7 calendar days.

Freight Shipments: Call 503-873-9300 or e-mail sales@atwholesaleprice.com. All damaged containers and merchandise must be kept for inspection. If product was damaged in transit, you must file a claim with the carrier.  Damaged Hazardous Materials must be returned through the freight company prior to acceptance of delivery (See Returns and Repairs Section).

WARRANTIES

General Merchandise Warranty: Except as otherwise stated, the only warranties applying to materials sold are those, if any, specifically provided by the manufacturer to be honored by the manufacturer. Items marked Lifetime Warranty are subject to manufacturer's warranty terms. EXCEPT AS SET FORTH HEREIN, AWP MAKES NO WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED. AWP DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANSHIP, QUALITY, DURABILITY, SUITABILITY, OR NON-INFRINGEMENT INCLUDING WITHOUT LIMITATION IN THOSE INSTANCES WHERE CHANGES, ALTERATIONS OR MODIFICATIONS ARE MADE IN MATERIALS AT THE REQUEST OR INSTRUCTION OF THE CUSTOMER, AND THE CUSTOMER AGREES NOT TO CLAIM OR COMMENCE SUIT AGAINST AWP BASED ON ANY SUCH DISCLAIMED WARRANTIES OR SUCH MANUFACTURER'S WARRANTIES. OUR OBLIGATION IS LIMITED ONLY TO THE REPAIR OR REPLACEMENT OF DEFECTIVE PARTS OR, AT OUR SOLE OPTION, TO REFUND THE PURCHASE PRICE. A full refund will be given, subject to our Q.A. inspection, for any defective item returned to us and received by us within 30 days of the date of shipment in its original packaging. Exception: Phase converters in You-Build-It Kit form are final sale only.

Manufacturer's Responsibility: The customer recognizes that AWP is a distributor and not a manufacturer, fabricator or packager, and all applicable product specifications, representations and warranties are solely those of the fabricator, manufacturer or packager of the products sold. AWP's liability hereunder for any claim of loss or damage of any kind whatsoever by the customer arising from a breach of any such specifications, representations or warranties by the manufacturer, fabricator or packager shall be limited to reimbursement of the price paid for the specific item sold, and other than such reimbursement, as between the customer and AWP, the customer's sole and exclusive recourse for such loss or damage is to the manufacturer, fabricator or packager of the products. Customer waives any right of set-off or cover under the Uniform Commercial Code or otherwise.

Limited Liability: IN NO EVENT SHALL AWP BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF THE PURCHASE, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED OPPORTUNITY OR PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AWP shall not be responsible for computer or electronic interruptions, mechanical or electrical breakdowns, strikes, labor slowdowns, war, terrorism, riots, severe weather conditions, natural disasters, acts of God or any other forces beyond the reasonable control of AWP, LTL shipments and other non-scheduled carriers, branch shipments (due to earlier pickups), back ordered items, replacement orders, new accounts (first order), orders requiring credit review, and supplier manufacturing deficiencies.

RESPONSIBILITY

The value of the defective product or material is our only liability. All specifications and technical data have been supplied by the manufacturer and are listed only as a convenience. We do not warrant or represent that the merchandise complies with the provisions of any law, particularly the Walsh-Healey Public Contracts Act, and the Occupational Safety and Health Act of 1970, and regulations promulgated thereunder, unless the manufacturer so warrants.

Compliance with Laws
Some products may be obtained from multiple supply sources located throughout the United States or internationally and shipped directly to the customer without sending the item through AWP. Many states and localities have codes and regulations governing sale, offering for sale, distribution, construction, installation and use of products for certain purposes and/or containing certain regulated substances, which may vary from those in neighboring areas. AWP relies upon information provided by the supplier of these products to ensure they are compliant with the laws of the jurisdiction into which the product is shipped. The information provided by the supplier as to the ability of the product to be sold or distributed in any particular jurisdiction is believed by AWP to be accurate. AWP, however, shall not be responsible for how products are used or installed or for the product's conformance to regional, state, or local codes or regulations. AWP does not guarantee compliance with any law and assumes no responsibility for how the items are used or installed. Customer has the sole responsibility for compliance with all applicable codes, regulations and laws and before purchase and use of the product must review and ensure full compliance with such codes, regulations and laws concerning the use or installation of the products.

Environmental and Safety

VOC (Volatile OrganicCompounds)Limits:
AWP may be prohibited from offering certain products due to restrictions or requirements of various federal, state, local and other authorities having jurisdiction in these matters. VOC restrictions may change without notice. Customers should consult the regulations applicable to these products to ensure compliance. AWP relies on the manufacturer regarding the VOC content of their products and makes no representation or warranties regarding the information provided by the manufacturer.

Ozone Depleting Substances (ODS)
AWP may be prohibited from selling certain products that contain chemicals (hydrochlorofluorocarbons) to customers that are not commercial customers as defined by regulations issued by the United States Environmental Protection Agency (USEPA). As per the USEPA regulations, it is a violation of federal law to sell, distribute, or offer to sell or distribute any chlorofluorocarbon or aerosol hydrochlorofluorocarbon containing cleaning fluid for electronic and photographic equipment to anyone who is not a commercial user of this product. The penalty for violating this prohibition can be up to $25,000 per sale. Individuals purchasing such products must present proof of their commercial status in accordance with Title 40 of the CFR 82.68(a) or (c). ODS restrictions may change without notice and customers should consult the ODS regulations and are responsible for compliance with all the ODS regulations.

California Proposition 65
Some products may contain certain chemicals and, therefore, be subject to warning requirements of California Proposition 65. Proposition 65 requires that packages of products containing certain chemicals identified by the State of California as causing cancer, birth defects or other reproductive harm contain warnings. AWP relies on the manufacturer regarding the hazardous chemicals in their products and makes no representations or warranties regarding the information provided by the manufacturer.

Mercury Containing Products
Some products may contain mercury and may, therefore, be subject to federal, state, or local regulations regarding their purchase, use, handling and/or disposal. Customers should consult the regulations applicable to their operations regarding these products. AWP relies on the manufacturer regarding the mercury content of their products and makes no representations or warranties regarding the information provided by the manufacturer.

Material Safety Data Sheet (MSDS)
An MSDS is a document that is required by the Occupational Safety and Health Administration (OSHA) and provides specific Safety, Health and Environmental information about a product deemed to be hazardous (e.g. Hazardous Ingredients, Physical Hazards, Health Hazards, Safe Handling, Control Measures and more.) Manufacturers or importers are required to produce MSDSs and employers are required to have them available for their staff as per OSHA's Hazard Communication Standard 29 CFR. 1910.1200. AWP expressly relies on the evaluation of the chemical manufacturer/importer contained therein. AWP provides MSDSs when required. MSDSs will be provided via the following means: (i) accessing AWP's website (atwholesaleprice.com), or (ii) contacting your local sales office (503-873-9300) to request an MSDS by mail or facsimile, (iv) requesting an MSDS when ordering a product, or (v) contacting AWP in writing requesting an MSDS.

Dangerous Goods/Hazardous Materials

  • Lead: AWP may be prohibited from offering certain plumbing products intended for use in conveying potable water due to restrictions or requirements of various federal, state, local and other authorities that have prescribed lead content restrictions for such products. These restrictions may change without notice. Customers should consult the regulations applicable to these products to ensure compliance. AWP relies on the manufacturer regarding the lead content of their products and makes no representations or warranties regarding the information provided by the manufacturer.
  • Energy Efficiency: AWP may be prohibited from offering certain products that do not meet federal, state, and/or local requirements for energy efficiency. Energy efficiency requirements may change without notice. Customers should consult the regulations applicable to these products to ensure compliance. AWP relies on the manufacturer regarding the energy efficiency rating of its products and makes no representations or warranties regarding the information provided by the manufacturer.
  • Handling and Disposal: Numerous federal, state, and local codes, regulations and laws may apply to the disposal of products. Customer is solely responsible for proper handling and disposal of purchased items and should review and ensure compliance with all such codes, regulations and laws.

RETURNS & REPAIRS

Returns
Except as otherwise provided, no material will be accepted for return after 30 days from date of shipment. To return merchandise, you must call AWP at 503-873-9300 for a Return Authorization number. No returns will be accepted without a Return Authorization number. Include with your return a copy of your invoice or packing slip. All merchandise must be returned in its original packaging and condition. Any claims for discrepancies in shipment must be made within 7 days of receipt of merchandise. C.O.D. returns will not be accepted. Shipping charges for returned items must be prepaid. No return of altered or etched items. A re-stocking charge may be applied. Customers are required to inspect all hazardous materials deliveries prior to accepting the delivery. Unaccepted hazardous materials can be returned to AWP through the freight company that delivered the materials by not accepting the delivery. Once hazardous materials or non-hazardous materials that can become hazardous waste (e.g. broken fluorescent bulbs) are accepted for delivery, AWP is unable to take these items back.

Computer Software
Unopened Software may be returned for credit. Opened Software will be replaced only if defective.

Cut-to-Length Products
Because of the special nature of the products, we will be glad to cut products to length per your specifications. We reserve the right to charge a service fee for difficult or multiple cuts per item. Cut-to-length products, however, are considered final sale, and may not be returned for credit.

EXPORT CONTROLS

AWP products and services, including user manuals and software, are subject to U.S. export control laws, regulations and administrative policies. Customer acknowledges that it is familiar with such laws and regulations and it agrees to abide by them in all respects. Diversion of products and/or services contrary to U.S. law is prohibited. Customer understands that a license, written approval or other authorization may be required from the Bureau of Industry and Security of the U.S. Department of Commerce, the Directorate of Defense Trade Controls of the U.S. Department of State or other U.S. government agency prior to the export or reexport of these items from the United States Guidance may be found at http://www.bis.doc.gov or http://www.pmddtc.state.gov. Customer further understands that it is unlawful to export, reexport or transfer, or to attempt to export, reexport or transfer these items to individuals or entities on the List of Debarred Parties, Denied Persons List, Specially Designated Nationals List, Entity List, Unverified List or Nonproliferation Sanctions List, as well as sales or transfers to Embargoed Countries (currently, Cuba, Iran, North Korea, Syria and Sudan). It is the customer's responsibility to be aware of these Lists and Embargoes. These Lists may be accessed at http://export.gov/ecr/eg_main_023148.asp.

PROVISIONS

Independent Contractors
AWP and Customer are independent contractors and not principal and agent. Nothing contained in these terms and conditions shall be construed to create a partnership, dealership, reseller, agency, employment or joint venture relationship. Customer will not have the right to bind or otherwise obligate AWP in any manner, nor will Customer represent to anyone that it has the right to do so.

Assignment
Customer shall not assign any order, or any interest therein, without the prior written consent of AWP. Any actual or attempted assignment without AWP's prior written consent shall entitle AWP to cancel such order upon notice to Customer.

Electronic Commerce
If AWP and Customer mutually agree to use an Electronic Data Interchange ("EDI") system to facilitate purchase and sale transactions, Customer agrees that it will not contest: (i) any contract of sale resulting from an EDI transaction under the provisions of any law relating to whether agreements must be in writing or signed by the party to be bound thereby; or (ii) the admissibility of copies of EDI records under the business records exception to the hearsay rule, the best evidence rule or any other similar rule, on the basis that such records were not originated or maintained in documentary form. AWP and Customer will negotiate and agree on technical standards and methods to use in making EDI purchases, and will use reasonable security procedures to protect EDI records from improper access. In the event of a conflict, the business records maintained by AWP regarding EDI purchases made by Customer shall be deemed to be conclusive.

Intellectual Property
Customer shall have no right to copy or use any of the intellectual property of AWP or its suppliers without AWP's permission. All materials contained in AWP's website are subject to the ownership rights of AWP and its suppliers.

AWP's Performance of Service
In conjunction with Customer's purchase of product, AWP may perform certain services for Customer on Customer's premises such as delivering, ordering, performing inventory management, or putting-away product (collectively, the "Services"). Customer will hold harmless and indemnify AWP, its officers, directors, employees, agents, subcontractors or representatives from and against any and all claims, including bodily injury, death, or damage to personal property, and all other losses, liabilities, obligations, demands, actions and expenses, whether direct or indirect, known or unknown, absolute or contingent, incurred by AWP related to the performance of Services for Customer (including without limitation, settlement costs, attorneys' fees, and any and all other expenses for defending any actions or threatened actions) arising out of, in whole or in part, any act or omission of Customer, its employees, agents, subcontractors or representatives. Waiver: No failure by either party to take any action or assert any right hereunder will be deemed to be a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right.

CONTROLLING LAW AND VENUE

All transactions shall be governed by the laws of the State of Oregon, without regard to any conflict of law principles that would require the application of the laws of any other jurisdiction, and venue shall be in Marion County, State of Oregon.

 


 

Website Terms Of Use

The following terms and conditions ("Terms of Use") apply to all visitors to or users of atwholesaleprice.com (this "Website"), a website of AWP Inc. ("AWP"). By accessing this Website, you acknowledge acceptance of these terms and conditions, which govern access to and use of this Website, including any content, functionality and services offered on or through the Website. If you do not want to agree to these Terms of Use, you must not access or use this Website.

AWP reserves the right to change these Terms of Use from time to time at its sole discretion. Your continued use of this Website after a posted change in these Terms of Use will constitute your acceptance of such changes in these Terms of Use. Accordingly, you are advised to visit this page regularly in order to keep apprised of any changes in these Terms of Use. In the case of any violation of these Terms of Use, AWP reserves the right to seek all remedies available by law and in equity for such violations.

Access And Use Of Information

You are hereby granted, subject to these Terms of Use, a limited, non-exclusive, non-transferable license to view the screens and materials on this Website and to print only a limited number of copies of such screens and materials as is needed for your own non-commercial use, in order to make a decision whether or not to purchase any products offered through this Website. Access to this Website is limited to viewing the linked Web pages solely to access information for purposes making a purchase decision and using the eCommerce functionality of the Website to make purchases. Any access to or use of this Website for any other purpose is expressly prohibited. Any access or attempt to access other areas of AWP's computer systems or networks, or information contained therein, for any purpose is strictly prohibited.

AWP reserves the right to withdraw or amend this Website, and any service or material AWP provides on the Website, in our sole discretion without notice. AWP will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, and all other information AWP collects on this Website, is governed by our Privacy Policy, and you consent to all actions AWP takes with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify AWP immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

AWP has the right to disable any user name, password or other identifier, whether chosen by you or provided by AWP, at any time in our sole discretion for any or no reason, including if, in AWP's opinion, you have violated any provision of these Terms of Use.

Prohibited Uses

You agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Online Purchases and Cross Reference Information

All purchases through this Website or other transactions for the sale of goods or services formed through the Website or as a result of visits made by you are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.

AWP's product cross-reference results do not imply that all products compared are of functional equivalency or that performance and other characteristics are exact. For critical applications, review specifications prior to purchase.

Links

From time to time, other websites may provide hypertext links ("Links") to this Website. No such Links shall imply any relationship or connection between AWP and the operator of the website containing the Link to this Website. AWP has no liability to you arising out of your use of any website that provides Links to this Website.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Intellectual Property Rights

The information available on this Website is the property of AWP and its suppliers and is protected by copyright and other intellectual property laws. All rights not expressly granted under this Agreement are hereby reserved by AWP. No act of downloading any portion of this Website will constitute a transfer of title in such material. Any printouts using or referencing content from this site, with the purpose of evaluating or acquiring AWP's products or services, shall contain AWP's copyright notice. No other permission is granted to you to copy, reproduce, distribute, republish, transmit, upload, download, display in public, or modify the content contained on this Website.

The trademarks, logos and service marks ("Marks") displayed on this Website are the property of AWP or other third parties. Users are not permitted to use these Marks without the prior written consent of AWP or such third party which may own the Mark.

Submissions

You agree that all product reviews, ratings, remarks, suggestions, ideas, graphics or other information communicated to AWP through this Website ("Submissions") shall be the property of AWP. In order to facilitate this, you hereby irrevocably transfer, assign and convey to AWP all right, title and interest in any Submissions. AWP will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business and will not incur any liability as a result of any similarities that may appear in future AWP operations. Without limitation, AWP will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature.

You represent and warrant that:

  • You own or control all rights in and to the Submissions and have the right to make the assignment above to AWP.
  • All of your Submissions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any Submissions you submit or contribute, and you, not AWP, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. AWP is not responsible, or liable to any third party, for the content or accuracy of any Submissions posted by you or any other user of the Website. AWP has the right to remove or refuse to post any Submissions for any or no reason in our sole discretion.

Disclaimer

Although AWP has attempted to provide accurate information on the Web Site, AWP assumes no responsibility for the accuracy of the information. AWP may change products or services mentioned at any time without notice. YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" AND "AS AVAILABLE." AWP AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, NEITHER AWP NOR ANY PERSON ASSOCIATED WITH AWP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, OR THAT THE WEBSITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation Of Liability

IN NO EVENT WILL AWP, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES. AWP AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY AWP PRODUCT OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF AWP OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT OF THE LAW).

AWP WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Indemnification

You agree to defend, indemnify and hold harmless AWP, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your Submissions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Oregon, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver of by AWP of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of AWP to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms and Conditions, the Privacy Policy, and all other terms and conditions posted on this Website, or to which you agree as part of any program, promotion, or special feature administered by AWP through the Website, constitute the sole and entire agreement between you and AWP with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.