Terms

Terms of Use

POWER Engineers, Incorporated, Website Terms of Use

POWER Engineers, Incorporated, on behalf of its affiliates, subsidiaries and subcontractors, (“POWER Engineers or the “Company”) operates the Company’s websites (collectively, the “Site”) to provide online access to information about the Company and the services provided. By accessing and using the Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of the Site, or to particular content or transactions, are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement.”

IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN PLEASE DO NOT USE THE SITE. THIS AGREEMENT IS EFFECTIVE AS OF THE DATE AND TIME IN YOUR LOCATION AND YOU CONTINUE TO USE THE SITE AFTER HAVING VISITED THIS PAGE. PLEASE PRINT OUT A COPY OF THIS DOCUMENT NOW AND RETAIN IT FOR YOUR FUTURE REFERENCE AS IT WILL BECOME A BINDING CONTRACT. If you wish to be notified of any changes to these Terms of Use, you must e-mail us at patricia.smith@powereng.com, and if your e-mail address changes at any time, you are responsible for notifying us of your new address by sending an e-mail to patricia.smith@powereng.com. If you choose not to be notified of any changes to these Terms of Use by not complying with the preceding e-mail notification requirements, you thereby waive your right to notification and agree that you are responsible for reviewing these Terms of Use each time you visit the Site. In all cases, your use of the Site following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms, even if we fail to send you an e-mail notification.

1. Use of Site and Site Materials

All Content on the Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, video clips, downloads, interfaces, code and software, interactive features and other materials, as well as the selection and arrangement thereof, singly or collectively, the “Content”), is the exclusive property of and owned by POWER Engineers, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. No additional right, title or interest in any Content is transferred to you, whether as a result of accessing or printing such Content or otherwise. POWER Engineers reserves complete title and all intellectual property rights in the Content. Except as expressly authorized by this Agreement, you may not use, alter, download, reproduce, upload, license, reverse engineer, copy, distribute, transmit, broadcast, display, sell, license, derive another work from or otherwise exploit any Content obtained from the Site.

Any use of Content, or derivative works thereof, for purposes competitive to POWER Engineers is expressly prohibited. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. 

You agree not to use contact information provided on the Site for unauthorized purposes, including marketing. You further agree not to (i) use any hardware or software intended to damage or interfere with the proper working of the Site, (ii) surreptitiously intercept any system, data or personal information from the Site, or (iii) interrupt or attempt to interrupt the operation of the Site in any way.

2. Copyright

The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to POWER Engineers or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by POWER Engineers or other copyright owners who have authorized their use on the Site. You may download and print Content for non-commercial, non-public, personal use only, provided such Content is not manipulated or changed in any way. If you are browsing this Site as an employee or member of any business or organization, you may download and print Content only for educational or other non-commercial purposes within your business or organization, provided such Content is not manipulated or changed in any way other than attribution, which shall be readily visible thereon, except as otherwise permitted in writing by POWER Engineers. You may not manipulate or alter in any way images or other Content on the Site.

3. Accuracy, Completeness and Timeliness of Information on this Site

POWER Engineers is not responsible for Content that is not accurate, complete or current. The Content is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on any portion of the Content is at your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. POWER Engineers reserves the right to modify the Content at any time, but has no obligation to update any Content.

4. Trademarks

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

5. Downloading Files

POWER Engineers cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses, trojans or other harmful computer code, files or programs.

6. Release

The information on the Site and contained within the Content and the emphasis placed thereon solely reflect the opinion of POWER Engineers and is not intended to necessarily address any specific concerns or interests that others may have. POWER Engineers does not provide any representation or warranty as to (i) the accuracy or completeness of the Site or any of the Content, (ii) whether access and use of the Site will be uninterrupted, timely, secure or free from error, (iii) any protection from any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site; (iv) any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Site; and/or (v) whether defects in the operation or functionality of any software on the Site will be corrected. POWER Engineers does not warrant or represent that the Site or any Content is sufficient or appropriate for the purposes of any other party and all conditions, warranties, representations, terms and undertakings, express or implied, statutory or otherwise in respect of the Site or the Content for those purposes is hereby excluded.

In consideration for allowing YOU to use the SITE AND THE CONTENT, YOU specifically agree that POWER Engineers shall have no liability for any losses or damages arising from or in any way related to the USE OF THE SITE OR ANY CONTENT incurred. YOU agree to waive, fully release, DEFEND and hold POWER Engineers harmless from any claims which YOU may have arising in any way from use of THE SITE OR THE CONTENT including but not limited to claims for breach of contract, breach of warranty, strict liability, negligence, and/or negligent misrepresentation. YOU further AGREE TO waive and fully release, DEFEND AND HOLD POWER Engineers HARMLESS from any and all consequential, indirect, special, incidental or punitive damages of any nature, including, but not limited to, loss of profits, loss of revenues, loss of goodwill, in connection with YOUR use of or reliance upon the SITE or any CONTENT regardless how such damages arise (including the negligence of POWER Engineers in the preparation of the SITE OR CONTENT). The benefit of such releases, waivers or limitations of liability shall extend to POWER Engineers and its subsidiaries, affiliates, subcontractors, and the directors, officers, partners, employees, and agents thereof. POWER Engineers DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT THROUGH THE SITE.

7. Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless POWER Engineers, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Site from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) your use, misuse, or inability to use the Site, or the Content, or any violation by you of this Agreement; (ii) violation of any third party right by you, including, without limitation, any copyright, trademark, patent, property, or privacy right; or (iii) any claim that any Content caused damage to you or any third party you provided such Content.

8. Privacy

When you come to the POWER Engineers web site, we log your current Internet address (this is usually a temporary address assigned by your Internet service provider when you log in), the type of operating system you are using, and the type of browser software used. In addition, we may keep track of what areas of our web site you visit. This tracking will occur in the form of a “Cookie” or similar file that will permit tailoring of the web site to better match your interests and/or preferences.

While we track this information about the technology you are using, we do not identify who you are. You will remain anonymous to our system unless specified otherwise. For example, when you submit a question via our e-mail submission form or submit your resume for consideration of employment, this information is kept confidential and only disclosed to those who may be able to help answer your question or consider you for employment within the Company. We do not disclose your personal information to other companies who intend to sell their products or services to you. For example, we will not sell your name or E-mail address to a direct-marketing company.  

9. User Conduct

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

You or third parties acting on your behalf are not allowed to use POWER Engineers proprietary marks as meta tags, without POWER Engineers’ written consent. You may not use techniques or technology to enclose any Content or any portion of the Site (commonly known as “framing”) without POWER Engineers’ express written consent. Further, you may not utilize any Content in any meta tags or any other “hidden text” techniques or technologies without POWER Engineers’ express written consent.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to the Company’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser. Notwithstanding the foregoing, the Company grants the operators of public search engines permission to use automated systems to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials.

10. Unsolicited Idea Submission Policy

Please do not send unsolicited ideas to the Company, including but not limited to ideas for services, technologies, software, promotions, products, product improvements, processes,  materials, marketing plans, or product names. Neither the Company nor any of its employees accept or consider unsolicited ideas. This policy is intended to avoid misunderstandings or disputes when the Company’s products, services, or marketing strategies seem similar to unsolicited ideas that were submitted to the Company.

If, despite our request that you not send us your ideas, you still send them, then regardless of what your submission states, the following terms shall apply to your submission: (1) you agree that your ideas will automatically become the property of the Company ,without compensation to you, and (2) you agree that the Company can use the ideas for any purpose and in any way—even give them to others.

The Company does, however, welcome your feedback regarding many areas of our existing business. If you want to send us your feedback—and we hope you do—just use our Contact Us page. Please provide only specific feedback on our existing products or marketing strategies (in other words, do not include any unsolicited ideas that our policy will not permit us to accept or consider).

11. Copyright

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

(i)  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 

(ii)  Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 

(iii)  Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv)  Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; 

(v)  A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 

(vi)  A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

The Company’s designated Copyright Agent to receive notifications of claimed infringement is Janet Metzger (janet.metzger@powereng.com) See also http://www.copyright.gov/onlinesp/list/index.html.

12. General Provisions

a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof and replaces all prior agreements or understandings, representations or warranties (if any) between the parties. No waiver by POWER Engineers of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Should any term or provision of these Terms of Use be deemed or held to be invalid or unenforceable, the remaining terms and provisions shall continue in full force and effect.

b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. POWER Engineers therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. POWER Engineers does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

c. The validity and effect of these Terms of Use shall be governed by, and construed and enforced in accordance with, the laws of Idaho without regard to its conflicts or choice of laws principles. ANY SUIT, ACTION OR PROCEEDING CONCERNING OR RELATING TO THE SITE, ITS USE, THESE TERMS OF USE, ANY SALE OR ANY OTHER PRODUCT, SERVICE, POLICY OR PROCEDURE OF POWER Engineers, MUST BE BROUGHT EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION IN IDAHO, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING, YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT OR IMPROPER FORUM.