Terms of Service
By accessing or using this Web site, you acknowledge that you have read, understood, and are in agreement with these Terms and Conditions. You understand that the Terms and Conditions may be modified from time to time without notice, and that you should review these Terms and Conditions prior to each use of the Web site to ensure that you are aware of any modifications. Your continued access or use of the site after the modifications have become effective shall be deemed your conclusive acceptance of the modified Terms and Conditions. Do not access or use this Web site if you do not agree to be bound by the Terms and Conditions as stated herein at the time of your use or access of the Web site.
Except as otherwise noted on this Web site, the right, title and interest to all content, information and documentation posted on this Web site, including the text, graphics, logos, and the overall appearance of this Web site are owned by Haywood Electric Membership Corporation (Haywood EMC) and are protected by U.S. and international copyright laws. The posting of information, documentation and other content does not constitute a waiver of any of Haywood EMC’s rights in such content, information, and documentation.
You agree not to reproduce, duplicate, copy, sell, resell, use or exploit for any commercial purposes the content, information, and documentation of this Web site, without the prior written permission of Haywood EMC. Haywood EMC reserves complete full intellectual property rights for any content, information and documentation downloaded from this site. All products, services, and company names mentioned herein are the trademarks of their respective owners. You agree that your use of this Web site and the content, products, functions or other information available on the pages hereof is at your own risk.
The content and information provided on this Web site is not intended to be advice of any nature, and Haywood EMC disclaims all responsibility for any claims arising from reliance on this content and information. While Haywood EMC intends that the information, content, products, and functions available on this Web site be as accurate and up-to-date as possible, Haywood EMC does not guarantee or warrant the accuracy, adequacy, completeness, or reliability of the information, content, functions or products displayed, performed, downloaded or otherwise available herein, nor does Haywood EMC warrant that your access to the Web site will be uninterrupted or that the material accessible from this Web site is free of viruses or other harmful code. The information and services provided on and through this site, and the programs and benefits offered by Haywood EMC are subject to change without notice. Haywood EMC reserves the right to temporarily or permanently discontinue this Web site at any time and for any reason, without prior notice to you.
This site contains hypertext links to third party Web sites. Haywood EMC has no control of, or responsibility for, the content of such third party Web sites. Such links or references to third parties are provided solely for your convenience and in no way constitute endorsements, or approval of the third party or the material contained on the third party Web site. Haywood EMC has not verified any of the materials or information at any of the links and is not responsible for the content or performance of these sites or for your transactions with them. Haywood EMC intends that these links be current and accurate, but we do not guarantee or warrant that such links will point to the intended third party site.
Without limiting any disclaimer contained herein, including but not limited to the disclaimer set forth in the paragraph appearing immediately below, Haywood EMC retains exclusive discretion to edit, delete and/or refuse any request or attempt to include information, links or content on the Haywood EMC Web site. Haywood EMC reserves its right and complete discretion to prohibit postings from specific individuals or businesses, reserves its right to eliminate opportunities for third party postings in their entirety, and reserves it right to delete any or all existing postings. Under any such circumstances, said individuals, businesses or third parties shall have no claim whatsoever against Haywood EMC (including but not limited to its officers, employees, Directors and agents) and there shall be no recourse or right of appeal regarding any such decision.
THIS WEB SITE, INCLUDING ALL CONTENT, SERVICES, FUNCTIONS, HYPERTEXT LINKS, AND OTHER INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, IS PROVIDED "AS IS," AND, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND OF FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL HAYWOOD EMC BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, LOST PROFITS, OR LOST SAVINGS, ARISING OUT OF THE USE OF, INABILITY TO USE, ACCURACY, QUALITY OR PERFORMANCE OF THE WEB SITE OR ANY HYPERTEXT LINKS THEREON, OR SERVICES, OR FUNCTIONS, RENDERED IN CONNECTION THEREWITH, WHETHER OR NOT HAYWOOD EMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER OR NOT BASED UPON THEORIES OF CONTRACT, NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL HAYWOOD EMC’S TOTAL LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO ACCESS THIS WEB SITE.
This site is operated in the state of North Carolina, United States. Accordingly, these Terms and Conditions and your access to and use of this Web site is governed by, interpreted, construed and enforced in accordance with the laws of the state of North Carolina without reference to its conflict of law provisions. If any provision of these Terms and Conditions is determined to be unlawful or unenforceable, the remaining provisions hereof shall not be affected thereby and shall be deemed fully enforceable to the extent provided by law, and these Terms and Conditions will be construed as if such unenforceable provision had not been contained herein. No waiver by Haywood EMC of any right available under these Terms and Conditions will be deemed to be a waiver of any other right or provision or a waiver of that same right or provision at any other time.