TERMS OF USE

YOU SHOULD REVIEW THESE TERMS AND CONDITIONS BEFORE USING OUR WEBSITE(S). This web Site (the "Site") is provided by Quinault Investments, LLC. (hereinafter QI) and by using this Site, you signify your acceptance of the following terms and conditions as well as all other policies described in the Site. These terms apply exclusively to your access to and use of the Site and do not alter the terms or conditions of any other written and executed agreement you may have with QI.

QI, at its sole discretion, reserves the right to change these terms without further notice. Use of the Site after any such changes constitutes acceptance of the new terms. If you do not agree to abide to these or future terms, you should not use or download materials from this Site.

QI may terminate your use of the Site at any time at its sole discretion. QI may remove, modify or otherwise change any content, including that of third parties, on or from this Site. QI may impose limits on certain services or restrict access to parts or the entire Site without notice or liability.

Limitation on Use of Site

By using this Site, you represent and warrant that you shall not upload, post or transmit to or otherwise publish through the Site any materials, or take any other actions, which may (1) restrict or inhibit any other user from using and enjoying the Site, (2) disrupts or interferes with the security of the Site or any services, system resources, accounts, servers or networks connected to or accessible through the Site, (3) are unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, sexually explicit or indecent, (4) uses or attempts to use another's account, service or system without authorization from QI or attempts to gain unauthorized access to portions of the Site which are restricted from general access, (5) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (6) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (7) contain a virus or other harmful component, (8) contain any information, software or other material of a commercial nature, (9) contain advertising of any kind, or (10) constitute or contain false or misleading indications of origin or statements of fact.

You may not modify, copy, transmit, display, perform, reproduce, license or sublicense, publish, distribute, assign, sell, create a derivative work from or make other use of the content of this Site. No part of any content, form or document accessible at this Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical.

Privacy

QI’s Privacy Policy is hereby incorporated by this reference. Please review QI’s Privacy Statement below.

Proprietary Rights

Copyrights QI owns or is a license holder to use the copyrights in all contents of this Site, including but not limited to design, graphics, text, software, technical drawings, other files. The contents of this Site may not be copied, reproduced, distributed, modified, framed, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without QI's prior written permission

Trademarks

Trademarks of QI and its affiliates may not be copied, or used, in whole or in part, without the prior written permission of QI. Other trademarks, registered trademarks, product names, and company names or logos displayed on this Site are recognized as the property of their respective owners.

Patents

QI products and processes may be subject to trade secret and proprietary rights. Quinault Investments, LLC. its subsidiaries, and/or affiliates reserve all such rights.

Software

Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, "Software"), used or accessible through this Site may be used by you solely for accessing and using this Site for purposes expressly stated on the Site provided that such uses are not competitive with or derogatory to QI. QI, its subsidiaries or its affiliates or suppliers retain full and complete title to and all intellectual property rights in the Software.

Indemnity

You hereby agree to indemnify, defend and hold QI, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the terms or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. QI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of QI.

Communications

By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to this Site, you hereby grant to QI a, worldwide, irrevocable, non-exclusive, perpetual, royalty-free license to, without restriction, use, copy, license, sublicense, distribute, display, reproduce, transmit, modify, edit and otherwise utilize such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against QI for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. This paragraph is not intended to apply to any information associated with job applicants or required for your registration on this Site, the use of which will be governed by QI’s Privacy Policy.

Limitations on QI Product and Service Information

QI believes that all content available through this Site is accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any product or service available through this Site. QI reserves the right to change the specifications for products and services without notice. Availability of products listed on this Site at the time of your order is not guaranteed by QI. All information on the Site is subject to the section titled "Disclaimers" below.

Disclaimers

THE SITE AND SITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. QI EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  QI MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR SITE CONTENT: (I) WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (II) WILL BE UNINTERRUPTED, (III) SECURE; (IV)ERROR-FREE; OR (V) ANY ERRORS, EVEN IF ADVISED OF SUCH ERROR, WILL BE CORRECTED.

ANY SITE CONTENT YOU ACCESS OR DOWNLOAD IS AT YOUR OWN RISK. YOU AGREE THAT QI AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE TO EQUIPMENT, LOSS OF DATA OR OTHER DAMAGE THAT OCCURS DUE TO SUCH ACCESS OR DOWNLOADS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT QI AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF QI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO USE, INABILITY TO USE OR DELAY IN USE OF THE SITE OR SITE CONTENT UNDER ANY CAUSE OF ACTION WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL QI OR ITS PARENTS, SUQIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY CLAIM BY ANY PARTY OTHER THAN QI FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF QI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Third-Party Web Sites and Content

The Site may contain links to third-party Web Sites. Links to third-party Web Sites are not under the control of QI and therefore QI is not responsible for the content, accuracy or opinions expressed in such Web Sites, nor has QI checked for accuracy or completeness of any of such third-party Web Sites. QI provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by QI of the Site nor does it imply said site’s endorsement of QI. If you decide to leave QI Site and access third-party Sites, you do so at your own risk. If this Site contains content provided, posted or offered by third parties, you agree that neither QI nor its affiliates shall be liable to you whatsoever for any such third-party content.

Jurisdictional Issues and Applicable Law

Unless specified otherwise, QI controls and administers this Site from our offices in Kennewick, Washington or other locations as QI may designate without notice.  QI makes no representation that materials at this Site are appropriate or available for use at locations outside of the United States, and your access to the Site from territories where its contents may be illegal or otherwise prohibited. Software from this Site may be subject to United States export controls. Any such software may not be downloaded or otherwise exported or re-exported outside the United States.

These terms shall be governed by the laws of the state of Washington, without giving effect to its conflict of laws provisions. You agree that any legal action related to these terms shall be filed only in a court of competent jurisdiction located in Benton County, Washington, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.

Integration and Severability

These terms and any applicable written contract between you and QI constitute the entire agreement between you and QI governing your use of the Site. If any provision of these terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of the remaining provisions. You agree that any claim arising out of or related to the terms or your use of the Site must be filed within one year after it arose or be permanently barred.

Privacy Statement