Terms of Use

Last updated February 1, 2021

Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘you’) and Logan Gillihan, doing business as Northwest Bladeworks (‘Northwest Bladeworks’, ‘we’, ‘us’, or ‘our’), concerning your access to and use of the www.northwestbladeworks.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the ‘Site’). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the ‘Last updated’ date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the ‘Content’) and the trademarks, service marks, and logos contained therein (the ‘Marks’) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws. The Content and the Marks are provided on the Site ‘AS IS’ for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

User Representations

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

Products

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

Purchases and Payment

We accept Visa, Mastercard, American Express, and Discover. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. All payments shall be in U.S. dollars. We reserve the right to refuse any order placed through the Site and to limit or cancel quantities purchased per person, per household, or per order.

Return Policy

Please review our Return Policy posted on the Site prior to making any purchases.

Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. As a user of the Site, you agree not to:

  1. Systematically retrieve data or other content from the Site to create or compile a collection, compilation, database, or directory without written permission from us.
  2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email, or creating user accounts by automated means or under false pretenses.
  3. Use the Site to advertise or offer to sell goods and services.
  4. Circumvent, disable, or otherwise interfere with security-related features of the Site.
  5. Engage in unauthorized framing of or linking to the Site.
  6. Trick, defraud, or mislead us and other users.
  7. Make improper use of our support services or submit false reports of abuse or misconduct.
  8. Engage in any automated use of the system, such as using scripts, data mining, robots, or similar data gathering and extraction tools.
  9. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  10. Attempt to impersonate another user or person.
  11. Sell or otherwise transfer your profile.
  12. Use any information obtained from the Site in order to harass, abuse, or harm another person.
  13. Use the Site as part of any effort to compete with us or otherwise for any revenue-generating endeavor or commercial enterprise.
  14. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up a part of the Site.
  15. Attempt to bypass any measures of the Site designed to prevent or restrict access.
  16. Harass, annoy, intimidate, or threaten any of our employees or agents.
  17. Delete the copyright or other proprietary rights notice from any Content.
  18. Copy or adapt the Site’s software.
  19. Upload or transmit viruses, Trojan horses, or other harmful material.
  20. Upload or transmit any passive or active information collection or transmission mechanism.
  21. Use, launch, develop, or distribute any automated system, spider, robot, scraper, or offline reader.
  22. Disparage, tarnish, or otherwise harm us and/or the Site.
  23. Use the Site in a manner inconsistent with any applicable laws or regulations.

Third-Party Websites and Content

The Site may contain links to other websites (‘Third-Party Websites’) as well as content originating from third parties (‘Third-Party Content’). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy by us, and we are not responsible for them. If you decide to leave the Site and access Third-Party Websites or use Third-Party Content, you do so at your own risk.

Site Management

We reserve the right, but not the obligation, to monitor the Site for violations of these Terms of Use, take appropriate legal action against violators, and otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. The Site is hosted in the United States.

Term and Termination

These Terms of Use shall remain in full force and effect while you use the Site. We reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Site to any person for any reason. We may terminate your use or participation in the Site or delete any content or information that you posted at any time, without warning, in our sole discretion.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We cannot guarantee the Site will be available at all times and will not be liable for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime.

Governing Law

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Oregon applicable to agreements made and to be entirely performed within the State of Oregon, without regard to its conflict of law principles.

Dispute Resolution

Informal Negotiations. To expedite resolution and control the cost of any dispute, the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration.

Binding Arbitration. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association. The arbitration will take place in Washington, Oregon. In no event shall any Dispute brought by either Party be commenced more than one (1) year after the cause of action arose.

Restrictions. Any arbitration shall be limited to the Dispute between the Parties individually. There is no right or authority for any Dispute to be arbitrated on a class-action basis.

Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors and to change or update the information on the Site at any time, without prior notice.

Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $1,000.00 USD.

Indemnification

You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use of the Site, your breach of these Terms of Use, or your violation of the rights of a third party.

User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.

Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Northwest Bladeworks
P.O. Box 2592
Tualatin, OR 97062
United States
Phone: 970-220-6929
logan@northwestbladeworks.com