TERMS AND CONDITIONS
Last Update: February 2021
USING https://www.sitka-engineering.com/ (THE "SITE") AS IT CONTAINS VERY
IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS,
INCLUDING LIMITATIONS OF YOUR RIGHTS AND EXCLUSIONS THAT MAY
APPLY TO YOU. THESE TERMS SET FORTH LEGALLY BINDING TERMS AND
CONDITIONS FOR USE OF THE SITE.
1. Acceptance of terms
By browsing and using the Site, you agree to these Terms and all other operating rules, policies,
and procedures that may be published from time to time on the Site, each of which is
incorporated by reference.
If you live in the united states, by using this site you are agreeing to waive your right to sue
in court and instead agree to have all disputes decided by an arbitrator. By agreeing to
arbitration, you understand and agree that you are waiving your right to a jury trial to
settle disputes relating to your use of the site and purchase of our products, as stated fully
in the "dispute resolution" section below.
2. Key terms
Sitka Engineering its affiliated entities, and is referred to herein as “Sitka Engineering" "we," or
"Content" means logos, design, text, graphics, images, software, audio, video, works of
authorship of any kind, and information and other materials that are posted, generated, provided,
or otherwise available through or on the Site. We and our licensors exclusively own all right,
title, and interest in and to the Content, including all associated intellectual property rights. You
acknowledge that Content is protected by copyright, trademark, and other laws of the United
States and foreign countries and that you will not to remove, alter, or obscure any copyright,
trademark, service mark, or other proprietary rights notices incorporated in or accompanying
Content on the Site.
"Site" means the website https://www.sitka-engineering.com/, including all of its domains and
"User" means any visitor to the Site and is referred to herein as "User" or "you."
"User Content" refers to any photographs, comments, video clips, or other Content that Users,
including you, may upload to the Site. Content includes, without limitation, User Content. We do
not claim any ownership rights in any User Content and nothing in these Terms will be deemed
to restrict any rights a User may have to use and exploit their own User Content.
3. Eligibility to Use the Site
You may use the Site only if you are eighteen (18) years or older and capable of forming a
binding contract with us and are not barred from using the Site under any applicable law. As long
as you comply with these Terms, you may view and use our Site for your personal, non-
commercial purposes. No other use of the Site is authorized.
Certain state laws do not allow limitations on implied warranties, other exclusions, or limitation
of certain damages. If these laws apply to you, some or all of the foregoing disclaimers,
exclusions or limitations may not apply to you, and you might have additional rights.
4. International users
Our Site is controlled, operated, and administered from our offices in Oregon, United States of
America. We make no representation that Content on the Site is appropriate or available for use
at other locations outside the United States, and access to Content is prohibited from territories
where the Content or products available through the Site are illegal. You may not use the Site or
export its Content or products in violation of United States export laws and regulations. If you
access the Site from a location outside of the United States, you are responsible for compliance
with all local laws if, and to the extent, local laws are applicable.
5. Governing law
These Terms and any action or proceeding relating thereto will be governed by the laws of the
State of Oregon. If any provision or part-provision of these Terms is declared invalid, unlawful,
void, or for any reason unenforceable, it will be deemed severable and will not affect the validity
and enforceability of the remaining provisions of these Terms, which will be enforced to the
maximum extent permissible.
6. Changes to Terms
We reserve the right to make changes to these Terms at any time, and such changes will be
effective immediately upon being posted on the Site. Each time you use the Site, you should
review the current Terms. You can determine when these Terms were last revised by referring to
will constitute your acceptance of the current Terms; however, any material change to these
Terms after your last usage of the Site will not be applied retroactively. Except for such material
changes, the Terms that were in effect at the time any claim or dispute arose between you and
Sitka Engineering will be applied.
7. Use of E-Mail
You may be required to register your email with Sitka Engineering in order to gain access to her
mailing list. In addition to all other rights available to Sitka Engineering including those set forth
in these Terms, we reserve the right, in our sole discretion to terminate your account or your use
of the Site, block or prevent future access to and use of the Site, refuse service to you, or cancel
your product orders (i) if you violate any of these Terms; (ii) for any other reason; or (iii) for no
information, which may be accessed by clicking on the following link: [BUSINESS PRIVACY
POLICY LINK] (as may be updated from time to time). You agree that we may collect, use,
retain, and disclose your personally identifiable information to the extent permissible by law and
collection and use of your personally identifiable information to the extent permissible by law.
9. Rules of Conduct and General Prohibitions
You must only use this Site for lawful purposes, and you must not use it in any way that
infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Site.
You may not, without our written consent (i) copy, reproduce, use, or otherwise deal with any
Content on the Site; (ii) modify, distribute, or re-post any Content on the Site for any purpose; or
(iii) use the Content of the Site for any commercial exploitation whatsoever.
In using the Site, you further agree not to do any of the following:
post, publish, submit, or otherwise transmit any Content that (i) infringes, misappropriates, or
violates a third party’s patent, copyright, trademark, trade secret, or other intellectual property
rights, or rights of publicity or privacy; (ii) is knowingly false, fraudulent, misleading, or
deceptive; (iii) is defamatory, abusive, vulgar, hateful, harassing, obscene, profane, sexually
oriented, threatening, invasive of a person's privacy, or otherwise volatile of any law; or (iv)
promotes illegal or harmful activities or substances; disrupt or interfere with the security of, or
otherwise abuse, the Site or any service, systems resource, account, server, or network connected
to or accessible through the Site, or affiliated or linked websites; disrupt or interfere with any
other User’s enjoyment of the Site, or affiliated or linked websites; post, publish, submit or
otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive
files; use, frame, or utilize framing techniques to enclose our trademark, logo, or other
proprietary information (including, but not limited to, images found on the Site, Content, any
text, or the layout/design of any page or form contained on a page) without our express written
consent; use meta tags or other “hidden text” utilizing our name, trademark, or product name
without our express written consent; deep link to the Site without our express written consent;
create or use a false identity on the Site, share your account information, or allow any person
besides yourself to use your account to access the Site; collect or store personal data about
others; attempt to obtain unauthorized access to the Site or portions of it that are restricted from
general access; and encourage or enable another User or individual to do any of the foregoing
By accessing or using this Site you agree to comply with all applicable local, national, and
international laws and regulations relating to your use of or activities on the Site. To the extent
permissible by law, we will not be responsible or liable to any third party for the User Content or
accuracy of any Content posted by you or any other User on the Site. We have the right to
remove any User Content or posting you make on the Site if, in our sole discretion, such Content
or posting does not comply with the standards set out in these Terms.
If you do not agree to these Terms, you do not have our consent to obtain information from or
otherwise use the Site. Failure to use the Site in accordance with these Terms may subject you to
civil or criminal penalties.
You acknowledge and agree that by accessing or using the site, and/or downloading or posting
any content from or on the site, you have read, understand, and agree to be bound by these terms
whether or not you have created an account on the site. If you do not agree to these terms, you
have no right to access or use the site. If you accept or agree to these Terms on behalf of a
company or other legal entity, you represent and warrant that you have the authority to bind that
company or legal entity to these Terms and, in such event, "you" or "your" will refer and apply
to that company or other legal entity.
10. Right to User Content
By making any User Content available to or through the Site, you hereby grant Sitka Engineering
a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy,
modify, create derivative works based upon, distribute, publicly display, publicly perform, and
distribute your User Content in connection with operating and providing products and services to
you and/or other Users, and also in connection with advertising of our products and services.
In the event you upload any User Content to the Site, we have the right to use any and all such
elements of the Content in connection with and/or as part of our business, including, but not
limited to, in connection with or in any advertising in any and all media, product packaging,
printed publications, presentations, promotional materials, events, and associated marketing
materials, television and cinema commercials, videos, or on the Site in perpetuity throughout the
world as we, in our sole discretion, see fit without further consent by, or payment to, you. By
uploading User Content to the Site, you agree to grant Sitka Engineering the right to use your
copyright in such User Content. We also have all right, title, and interest in any and all results
and proceeds from our use of the User Content to the extent permissible by law. We have the
right to transfer our rights to use the User Content to any third party, including, but not limited
to, any of our subsidiaries or affiliated companies.
We may alter, adopt, or edit the User Content and any further material created under these
Terms, and market and exploit it entirely in our sole discretion. We are not obligated to make use
of any of your User Content or exercise any of the rights granted by these Terms.
You are responsible for all your User Content. You represent and warrant that you own all of
your User Content or you have all rights that are necessary to grant Sitka Engineering the license
rights in your User Content under these Terms. You also represent and warrant that neither your
User Content, nor your use and provision of your User Content to be made available through the
Site, nor any use of your User Content by Sitka Engineering on or through the Site, will infringe,
misappropriate, or violate a third party’s intellectual property rights, rights of publicity or
privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it. However, in certain
circumstances, some of your User Content (such as posts or comments you make) may not be
completely removed and copies of your User Content may continue to exist on the Site. We are
not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of
your User Content.
You will defend, indemnify, and hold harmless Sitka Engineering, our affiliates, and each of our
and their respective officers, directors, employees, contractors, suppliers, representatives, and
agents from any and all claims, demands, liabilities, damages, losses, costs, and expenses,
including, but not limited to, reasonable attorneys’ fees, that arise from or relate to (i) your
access or use of the Site or Content; (ii) your User Content; (iii) violation of any applicable law
that protects Sitka Engineering or our legal rights or those of any third party that your actions
have damaged; (iv) your violation of these Terms or any applicable law, including, but not
limited to, infringement by you of any intellectual property rights owned by Sitka Engineering or
any third party; (v) any and all activities that occur under or in connection with your account,
username, and/or password. We reserve the right to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, in which event you will assist and
cooperate with Sitka Engineering in asserting any available defenses. YOU AGREE TO BE
RESPONSIBLE FOR ALL SUCH DAMAGES, CLAIMS, OR LOSSES TO THE FULLEST
EXTENT PERMITTED BY LAW, EVEN IF THEY ARE CAUSED BY OUR ACTIVE OR
PASSIVE NEGLIGENCE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, CLAIMS, OR LOSSES, AND EVEN IF THEY ARE REASONABLY
12. Copyrights and trademarks
The Site, including all of the Content, is protected by copyright, trademark, and other laws of the
United States and foreign countries. Unless expressly stated otherwise, we retain other
proprietary rights in all Content and products available through the Site. Except as stated herein,
none of the Content may be copied, modified, reproduced, distributed, republished, downloaded,
performed, displayed, posted, transmitted, sold, and or made into derivative works in any form or
by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or
otherwise without our prior written consent and permission of the respective copyright owner.
You may not, without our express written permission or that of the respective copyright owner
(i) copy, upload, publish, post, submit, or transmit any materials on any computer network or
broadcast or publications media; (ii) modify the materials; or (iii) remove or alter any copyright
or other proprietary notices contained in the materials. You also may not (i) sell, resell, or make
commercial use of the Site, its Content, services, or products obtained through the Site; (ii)
collect or use any product listings or descriptions; (iii) make derivative uses of the Site or its
Content; or (iv) use any data mining, robots, or similar data gathering and extracting methods.
You are not conveyed any right or license by implication, estoppel, or otherwise in or under any
of our patent, trademark, copyright, or other proprietary rights of any third party.
13. DMCA/Copyright policy
It is our policy to respect the copyright and intellectual property rights of others. We may remove
content that appears to infringe the copyright or other intellectual property rights, including
moral rights, of others. In addition, we may terminate access by Users who appear to infringe the
intellectual property or other rights of others.
We comply with the Digital Millennium Copyright Act ("DMCA"). If you believe we or any
User of the Site has infringed your copyright in any material way, please notify Sitka
Engineering and provide the following:
● an identification of the intellectual property right claimed to have been infringed;
● an identification of the material you claim is infringing so that we may locate it on the
● your address, telephone number, and email address;
● a statement by you that you have a good faith belief that the disputed use is not
authorized by the owner or its licensee, or the agent of either of the foregoing, or the law;
● a statement by you that the above information in your notice is accurate and made under
penalty of perjury; and
● that you are authorized to act on behalf of the owner of the intellectual property interest
Please direct inquiries regarding intellectual property infringement issues by writing to the
attention of: Sitka Engineering at email@example.com.
14. Links to third party websites
The Site may contain links to third party websites or services and advertisements for third parties
(collectively, the "Third Party Sites & Ads"). Such Third Party Sites & Ads are not under our
control and we are not responsible for any Thirty Party Sites & Ads. We provide these Third
Party Sites & Ads only as a convenience and are not responsible for the content, products, or
services on or available from those Third Party Sites & Ads. You acknowledge sole
responsibility for and assume all risk arising from your use of Third Party Sites & Ads.
The inclusion of a hyperlink to Third Party Sites & Ads does not imply affiliation, endorsement,
or adoption by Sitka Engineering of the Third Party Sites & Ads or any information contained
15. Product Satisfaction and Return Policy
No returns or refunds on plans. In the event of damage in the mail or defective equipment in kit,
replacements will be sent.
16. Product descriptions
We have taken reasonable precautions to ensure that all product descriptions, prices, and other
Content on the Site are correct and fairly described. By placing an order on this Site, you are
making an offer to Sitka Engineering. Our acknowledgment of an order means that your order
request has been received; it does not mean that your order has been accepted or shipped or that
the price or availability of an item has been confirmed. We reserve the right to not accept the
offer if there has been a material error in the description of the product, or if the price advertised
is incorrect. All prices are displayed in United States Dollars unless expressly indicated
17. Online Purchases
If you wish to purchase any product or service made available through the Site (each such
purchase, a "Transaction"), you may be asked to supply certain information relevant to your
Transaction including, without limitation, your credit card number, the expiration date of your
credit card, your billing address, and shipping information. YOU REPRESENT AND
WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR
OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY
TRANSACTION. By submitting such information, you grant Sitka Engineering the right to
provide such information to third parties for purposes of facilitating the completion of
Transactions initiated by you or on your behalf. Verification of information may be required
prior to the acknowledgment or completion of any Transaction.
All purchases of physical items from Sitka Engineering are made pursuant to a shipment
contract. This means that the risk of loss and title of such items pass to you upon our delivery to
All descriptions, images, references, features, Content, specifications, products, and prices of
products and services described or depicted on the Site are subject to change at any time without
notice. Certain weights, measures, and other descriptions are approximate and are provided for
convenience purposes only. The inclusion of any products or services on the Site does not imply
or warrant that these products or services will be available.
It is your responsibility to ascertain and obey all applicable local, state, federal, and international
laws in regard to the receipt, possession, use, and sale of any item purchased from this Site. By
placing an order, you represent that the products ordered will be used only in a lawful manner.
We reserve the right, with or without prior notice, to do any one or more of the following: (i)
limit the available quantity of or discontinue any product or service; (ii) bar any User from
making or completing any or all Transaction(s); and (iii) refuse to provide any User with any
product or service. You agree to pay all charges that may be incurred by you or on your behalf
through the Site, at the price(s) in effect when such charges are incurred, including, without
limitation, all shipping and handling charges. In addition, you remain responsible for any taxes
that may be applicable to your Transactions.
18. Order and Payment Information
If you use the site or other means to purchase a product or service, payment must be received by
Sitka Engineering prior to our acceptance of an order, unless otherwise agreed to by us in
advance. All of our products are subject to sales tax, which will be applied to your order total.
We may need to verify information you provide before we accept an order and may cancel or
limit an order any time after it has been placed. If payment has already been made and your order
is cancelled or limited, we will refund you any payment made for the product that will not be
shipped due to cancellation or limitation of an order in the same tender as the original purchase.
We expressly condition acceptance of your order on your agreement to these Terms.
We will add applicable shipping and handling fees to your charges, as stated in your order. We
reserve the right to reject orders where the stated delivery address is outside the United States.
We are not responsible for any injury or damage that may result from the purchase of products
through distributors or retailers who are not authorized distributors or retailers of our products.
We are not responsible for any injury or damage that may result from products purchased past
their expiration date or those that have been altered or discontinued.
20. Disclaimer of warranties
Our products, services, and content are provided "as is," without any warranty of any kind.
Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness
for a particular use, quiet enjoyment or non-infringement, and any warranties arising out of
course of dealing or usage of trade. We make no warranty that the services or products available
on the site will meet your requirements or be available on an uninterrupted, secure, or error-free
basis. You are solely responsible for all of your communications and interactions with other
users of the site and with other persons with whom you communicate or interact as a result of
your use of the site, including any services provided to you.
In no event will our aggregate liability arising out of or in connection with any warranties
relating to our products, services, or content, these terms and your use of the site, including, but
not limited to, from your purchase of any products via the site, or from the use of or inability to
use the site, exceed the amounts you have paid or owe for products purchased via the site in the
last twelve (12) month period prior to the event giving rise to your claim of liability. The
limitations of liability and damages set forth above are fundamental elements of the basis of the
bargain between you and Sitka Engineering. Some jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental damages, so the above limitation may not
apply to you.
21. Limitations of Liability
To the extent permitted by law, you agree that neither Sitka Engineering, our affiliates, or any
other party involved in creating, producing, or delivering products, services, or content on the
site will be liable for any claims, losses, or damages (including, without limitation,
compensatory, incidental, indirect, special, consequential, or exemplary damages), however
caused or under any theory of liability – even our own active or passive negligence – arising in
connection with (i) the site; (ii) the use or inability to use the site; (iii) the use of or reliance on
any content or information displayed in or on the site; (iv) the purchase or use of any products or
services through the site or otherwise; (v) unauthorized access to or alteration or loss of your
transmissions of data or other information that is sent to or received by the site; (vi) errors,
system down time, network or system outages, file corruption, or service interruptions; or (vii)
otherwise under these terms, whether or not reasonably foreseeable, even if we or our
representatives are advised of the possibility of such damages, claims, or losses, and
notwithstanding any failure of essential purpose of any limited remedy.
Notwithstanding anything to the contrary herein, our liability to you for any cause of action or
claim whatsoever, and regardless of the form of the action, will at all times be limited to the
amount paid, if any, by you in the last twelve (12) months to Sitka Engineering for any products
or services supplied by us through your use of the site or otherwise.
We will not be liable in any amount for failure to perform any obligation under these terms if
such failure is caused by the occurrence of any unforeseen contingency beyond our reasonable
control, including, without limitation, internet outages, communications outages, fire, flood, or
The terms of this section survive any termination of these Terms.
Notwithstanding any of these Terms, we reserve the right, without notice and in our sole
discretion, for any reason or no reason, to terminate your ability to use the Site and to block and
prevent future access to and use of the Site. You agree that we will not be liable for any
termination of your use of or access to the Site.
23. No third-party beneficiaries
We and you are the only parties entitled to enforce these Terms. These Terms do not and are not
intended to confer any rights or remedies upon any person other than you and Sitka Engineering.
Notwithstanding the foregoing, the parties agree that the payment card networks are third party
beneficiaries of these Terms for purposes of enforcing provisions relating to payments, but that
their consent or agreement is not necessary for any changes or modifications to these Terms. You
also agree that if we assign, transfer, or sub-contract any of our rights or obligations under these
Terms to any third party in writing, such third party may enforce the Terms that are assigned,
transferred, or sub-contracted.
24. Dispute Resolution
We each agree that any dispute, claim, or controversy arising out of or relating to our products,
enforcement, interpretation, or validity thereof or the use of the services or content available on
or through the site (collectively, "disputes") will be settled by confidential binding arbitration,
except that each party retains the right to (i) bring an individual action in small claims court; and
(ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the
actual or threatened infringement, misappropriation, or violation of a party’s copyrights,
trademark, trade secrets, patents, or other intellectual property rights (the action described in the
foregoing clause (ii) an "IP Protection Action"). The exclusive jurisdiction and venue of any IP
Protection Action will be the state and federal courts located in Houston, Texas and each of the
parties hereto waives any objection to jurisdiction and venue in such courts.
You acknowledge and agree that both you and Sitka Engineering are waiving the right to a
trial by jury or to participate as a plaintiff or class representative or class member in any
purported class action or representative proceeding. Further, unless we both otherwise agree
in writing, the arbitrator may not consolidate more than one person’s claims, and may not
otherwise preside over any form of any class or representative proceeding. If this specific
paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be
deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section
will survive termination of these Terms.
The parties agree that (i) these Terms memorialize a transaction in interstate commerce; (ii) the
Federal Arbitration Act (9 U.S.C. §§ 1, et seq.) governs the interpretation and enforcement of
this section; and (iii) this section will survive termination of these Terms.
25. Dispute Notice and Arbitration Process
Prior to initiating an arbitration proceeding, you must first send Sitka Engineering a written
statement setting forth your name, address, and telephone number, the facts giving rise to the
dispute, and the relief requested ("Dispute Statement"). The Dispute Statement to Sitka
Engineering must be mailed to P.O. Box 1675, Grants Pass, OR 97528 via nationally recognized
overnight courier. If we are unable to resolve your claim within thirty (30) days of receipt of the
Dispute Statement, then either party that desires to initiate an arbitration must provide the other
party with a written Demand for Arbitration as specified in the JAMS Procedures.
The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority
to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability,
or formation of these Terms, including, but not limited to, any claim that all or any part of these
Terms is void or voidable
26. Arbitration Location and Procedure
Unless the parties otherwise agree, the arbitration will be conducted in the county where you
reside. If your claim does not exceed $10,000, then (i) the arbitration will be conducted solely on
the basis of documents the parties submit to the arbitrator, unless you request a hearing or the
arbitrator determines that a hearing is necessary; and (ii) if there is a hearing, you may choose
whether to participate in person or by telephone. If your claim exceeds $10,000, your right to a
hearing will be determined by the JAMS Procedures. Subject to the JAMS Procedures, the
arbitrator will have the discretion to direct a reasonable exchange of information by the parties,
consistent with the expedited nature of the arbitration.
27. Arbitrator's Decision
The arbitrator's decision will include the essential findings and conclusions of law upon which
the arbitrator based the award. Judgment on the arbitration may be entered in any court having
competent jurisdiction thereof. The arbitrator's award of damages must be consistent with the
terms of the "Disclaimer of Warranties," and "Limitations of Liability" sections above as to the
types and amounts of damages for which a party may be held liable. The arbitrator may award
declaratory and injunctive relief only in favor of the claimant and only to the extent necessary to
provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will
be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable
law. Sitka Engineering will not seek, and hereby waives all rights it may have under applicable
law to recover, attorneys' fees and expenses if it prevails in arbitration.
28. Time limit for resolving disputes
The parties agree that any cause of action either may have with respect to the Site or our
products, services, and Content must be commenced within one (1) year after the Dispute arises,
notwithstanding any statutes of limitations to the contrary. Many states' laws set statutes of
limitations that are longer than one (1) year. If you live in a state that has statutes of limitations
that are longer than one (1) year, by agreeing to these Terms, you are agreeing to shorten the
time you have to bring a claim. This means that if you wait longer than one (1) year to initiate
arbitration under this section, you will lose some or all rights you may have to any recovery,
including the right to recover damages, in connection with a Dispute.
The terms of this Dispute Resolution section survive any termination of these Terms.
29. Affiliate Links
Keep in mind that we may receive commissions when you click our links and make purchases.
However, this does not impact our reviews and comparisons. We try our best to keep things fair
and balanced, in order to help you make the best choice for you.
30. General terms
These Terms constitute the entire and exclusive understanding and agreement between Sitka
Engineering and you regarding the Site, Content, products, and services that may be provided on
the Site, and these Terms supersede and replace any and all prior oral or written understandings
or agreements between you and Sitka Engineering regarding the Content, products, or services
provided on the Site. If, for any reason, a court of competent jurisdiction finds any provision of
these Terms invalid or unenforceable, that provision will be enforced to the maximum extent
permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior
written consent. Any attempt by you to assign or transfer these Terms without such consent will
be null and of no effect. We may freely assign or transfer these Terms without restriction.
Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their
successors, and permitted assigns.
Any notices or other communications provided by Sitka Engineering under these Terms,
including those regarding modifications to these Terms, will be given by posting to the Site.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of
those rights. The waiver of any such right or provision will be effective only if in writing and
signed by a duly authorized representative of Sitka Engineering. Except as expressly set forth in
these Terms, the exercise by either party of any of its remedies under these Terms will be
without prejudice to its other remedies under these Terms or otherwise.
Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or
agency relationship between you and Sitka Engineering, and you do not have any authority to
create any obligation on our behalf.