terms of use

TERMS OF USE OF

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1. BINDING EFFECT. This Terms of Use Agreement is dated effective as of March 25, 2024.  This is a binding agreement. By using the Internet site located at  https://www.powerengconstruction.com/ (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by Power Engineering Construction Company (“Company”) from time to time in its sole discretion. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

2. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A link to Company’s Privacy Policy can be found on Company’s website. The Company’s privacy policy is expressly incorporated into this Agreement by this reference.

When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

3. USE OF SOFTWARE. Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.

4. USER CONTENT. You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content as permitted by Company’s Privacy Policy. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

6. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

7. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) 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 (f) 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. For this notification to be effective, you must provide it to Company’s designated agent at:

Wendi Fischer

Power Engineering Construction Company

1501 Viking Street, Suite 200

Phone (510) 337-3800

Facsimile (510) 337-3808

E-mail pec@powerengconstruction.com

8. ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.

9. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

10. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

11. AFFILIATED SITES. Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

12. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

13. INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

14. COPYRIGHT. All contents of Site or Service are Copyright © 2024 Company, 1501 Viking Street, Suite 200, Alameda, CA  94501. All rights reserved.

15. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Alameda County, California USA in all disputes arising out of or related to the use of the Site or Service.

16. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

17. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

18. CALIFORNIA USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

19. MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

20. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

21. VENDOR PORTAL TERMS AND CONDITIONS.

A. GENERAL TERMS AND CONDITIONS

Power provides an online Vendor Portal for current or future contractors and subcontractors (“Vendor” or “Vendors”) who wish to be considered for future work with Power. The Vendors can submit contact details, business information and other qualifications they wish to bring to Power’s attention for its consideration.

Each Vendor must designate an individual who is authorized to use the Vendor Portal on its behalf. Any references to “you” or “individual” herein refers to such individual designated by Vendor. Any such individual who uses the Vendor Portal represents that  it has the Vendor’s authority to act on its behalf and that the Vendor is a duly organized, validly existing business entity who is qualified to do business in California or the jurisdiction(s) where it operates, and is in good standing in California or such other jurisdiction(s) where it operates, and that both such individual and the Vendor agree to be bound to the Terms of Use and to these specific provisions regarding Power’s Vendor Portal.

You will be responsible for creating a user name and a password for suitable access to the Vendor Portal.  You are also responsible for ensuring that people who use Power’s Vendor Portal of behalf of the Vendor are aware of the Terms of Use Agreement, and these provisions regarding use of the Vendor Portal and that you agree to comply with them for yourself and on behalf of the Vendor for whom you work.

If you obtain a user name and a password, or any other information as part of our security protocols, you must treat them as extremely confidential and not disclose them to any other person or entity. By using the Vendor Portal, you acknowledge that your account is personal to you and that you are prohibited from allowing any other person with access to all or part of our Vendor Portal by using your user name, password or other security information you obtain from us.

You agree to notify us immediately of any unauthorized access or use of your username, password, or other security information. You further agree to inform us as soon as possible of any unauthorized access or use of your username, password or other breach of our security protocols.  You are also obligated to formally exit from your account at the end of each session and to not leave your account portal open.  We ask that you use extreme care when using your account from any public or shared computer to prevent others from viewing or recording your password or other secured or confidential information.

We reserve right to disable your account or any username, password or identifying information we give you or you submit to us at any time in our sole discretion for any or no reason whatsoever including if we believe you have violated any provisions of the Terms of Use or these terms applicable to our Vendor Portal. You and Vendor are further obligated to advise Power and to request that it deactivate your account once you leave employment with Vendor for whom you obtained this account.

You agree that Power is not responsible or liable for any loss or damage due to your failure to comply with these provisions.

B. SPECIFIC TERMS FOR USE OF POWER’S VENDOR PORTAL

Your use of Vendor Portal. You are obligated to use Power’s Vendor Portal for purposes related to your status as a current or future business participant with Power, and to upload, send, and receive information that is related to that status. Your future use of the Vendor Portal is conditioned on the fact that all information you provide on the Vendor Portal is correct, current, and complete and that you are authorized to provide the information.

You agree that you are authorized to provide any and all information on behalf of your vendor and that all such information is accurate, current and complete. You agree that you will be held responsible for all information you provide to Power on this Vendor Portal, including any errors or omissions you submit; Power has no obligation to confirm the accuracy of any and all information that you may submit.  

Vendor Prohibited Uses. You may not use the Vendor Portal for any activity that is (i) unlawful, (ii) may result in damage to the Vendor Portal, (iii) may cause interruptions in availability of the Vendor Portal and (iv) may interfere with normal business operations.

Further, you agree that you will not do any of the following:

1. Attempt to bypass the Vendor Portal account login information or any other security protections.

2. Gain access to the Vendor Portal except through Power’s authorized access portal or any other expressly authorized access alternatives.  

3. Use the Vendor Portal for any commercial uses except to access your account with Power and to conduct actual or prospective business relations with Power, in the absence of Power’s prior express written consent.

4. Use or launch any form of automated system that may access the Vendor Portal for any impermissible purpose. Such systems include and are not limited to “robots,” “spiders,” “crawlers,” or “offline readers” (other than screen readers and similar devices designed to assist visually impaired persons).

5. Upload files that contain software or other material where you do not own or control such intellectual property or lack the necessary permission or consents to use such intellectual property.

6. Misrepresent who you are when using the Vendor Portal, provide false information, impersonate another individual or entity, or misrepresent your relationship with a person or entity otherwise permitted to use the Vendor Portal or use or attempt to use another’s Vendor Portal account.

Power reserves the right to prohibit any person’s access and terminate the account of any person that Power determines, in its sole discretion, is violating the terms and conditions of this Terms of Use Agreement or these Vendor Portal Terms and Conditions.

Your submissions. You agree that Power may rely on information you submit through the Vendor Portal in making determinations related to business relationships, vendor selection, and contracting, all of which Power may make in its sole and absolute discretion. You are entirely responsible for the accuracy and completeness of information you submit through the Vendor Portal.  

Power may periodically require you to re-certify that any information you submit through this Vendor Portal is accurate, complete, and current.  Power may in its sole and absolute discretion monitor any activity or information you submit. Power reserves to itself in its sole and absolute discretion the right to use information you submit for Power’s internal, lawful purposes.

You agree that all information you provide to us through the Vendor Portal about you or the Vendor constitutes legitimate Vendor business information that you are submitting for valid business or contractual purposes and that you will not submit personal information; if you do submit information which is or may be treated as personal information under relevant privacy laws, we will treat that information pursuant to our Privacy Policy. You may review that Privacy Policy where indicated on Power’s website.  

Ownership of Intellectual Property on Vendor Portal. You own any raw data or other expressions in any tangible media including a product image or logo that you directly submit to Power on this Vendor Portal. Such information is referred to as the Vendor Content. Power will own all other content, information, expressions in tangible media and copyrights it generates or which otherwise appears on the Vendor Portal. Such information is referred to as the Power Content. The Power Content includes all individual and compiled tangible expressions and functionality of Power’s Vendor Portal, including how this information may be assembled and displayed, all reports, analytical data and other content generated or available through the Vendor Portal and all content of any kind that Power uploads to the Vendor Portal or which Power creates, other than your Vendor Content.

You acknowledge and agree that any and all Power Content belongs solely to Power and you do not have and will not acquire, any ownership right or proprietary interest in the Power Content. You further acknowledge and agree that the Power Content, including all Power data, reports, and creative copy or images, is strictly confidential and may be used by you solely to fulfill your obligations to Power. You may not disclose or share Power Content with others without Power’s  prior written consent. You further acknowledge and agree that neither you nor anyone in your company will make screenshots, print or otherwise reproduce or share Power Content with any third party without first obtaining Power’s written consent to the disclosure.

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