ACCURACY OF INFORMATION. All of the information, analysis, materials, opinions, or other statements (collectively, “Content”) on the Site is for informational and educational purposes only. While the Content is believed by us to be honest and accurate, we and our third-party providers of Content do not guarantee the accuracy, completeness, usefulness or timeliness of the Content on the Site. We do not endorse nor have any responsibility for any Content on the Site by anyone other than our authorized employees or spokespersons while acting in their official capacities.
CHANGES TO CONTENT & AVAILABILITY OF SERVICE. We may make improvements and/or changes to the Content and/or the Site at any time in our sole discretion. And while it is unlikely, we may also choose to cease publication at any time in our sole discretion. Periodic updates to this Site are not guaranteed and we cannot guarantee that the Site will be up or fully operational at all times. In the event that we determine in our reasonable opinion that you have failed to comply with these Terms, we reserve the right at any time to: Permanently or temporarily disable your account; Permanently or temporarily remove any posting or material uploaded by you to our Site; Issue a warning to you; Pursue legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; Take further legal action against you; Disclose such information to law enforcement authorities as we reasonably deem necessary. These responses are not limited, and we may take any other action we reasonably deem appropriate.
ENDING THESE TERMS. The Terms will continue to apply until they are terminated by either you or Power in accordance with this section. You may end your legal agreement with Power at any time for any reason by discontinuing your use of the Site. You do not need to specifically inform Power if you stop using the Site. We may suspend or cease providing you with all or part of the Site at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms; (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Site to you is no longer commercially viable. Nothing in this section shall affect Power’s rights to change, limit or stop the provision of the Site without prior notice.
PURCHASE DECISIONS. The Content on the Site should never be relied upon as the sole basis for making any decisions to purchase products or services from Power. We and our third-party providers, affiliates, agents, and licensors will not be liable for any purchase decisions made based on the Content and/or the Site. Any reliance on the Content on the Site is at your own risk, and you assume any and all risks associated with your purchase decisions. We do not advocate the purchase or sale of any particular products or services. We and our third-party providers, affiliates, agents, and licensors may be active investors in marketplaces related to this Site and may or may not have open investment positions in any product mentioned on the Site. You assume any and all risk associated with your purchase decisions irrespective of whether we or our third-party providers, affiliates, agents, or licensors hold positions in products mentioned on the Site.
DISCLAIMER. THE SITE, INCLUDING ITS CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR GUARANTEE OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR THIRD PARTY PROVIDERS, AFFILIATES, AGENTS, AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COMPLETENESS, TIMELINESS, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ANY RESPONSIBILITY FOR HARM TO YOUR PHONE, COMPUTER, OTHER ELECTRONIC DEVICES, CAR, LOSS OF DATA, OR OTHER HARM THAT MAY RESULT FROM ACCESS TO OR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO CONTRACTION OF A COMPUTER OR PHONE VIRUS.
Power and our Content licensors do not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these offerings, give tax or product advice, or advocate the purchase or sale of any product or service. Due to the number of sources from which Power content is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions, or inaccuracies in such content.
LIMITATION OF LIABILITY. Under no circumstances shall Power, its officers, directors, agents, third-party providers, affiliates, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages (including without limitation, attorneys' fees), or any loss of profits or revenues or loss of data, use, good-will, business opportunity, or other intangible losses, whether in an action of contract, negligence or other tortious action, that result from the use of, or the inability to use, any information available on the Site, even if Power has been advised of such damages. If you are dissatisfied with any Power Content or other materials, or with any of the terms and conditions contained in the Site, your sole and exclusive remedy is to discontinue using the Site. If Power or any of its third-party providers, affiliates, agents, or licensors are found liable in connection with a claim arising out of or related to the Site or the Content, their aggregate liability in such an event shall not exceed the greater of one hundred U.S. dollars (U.S. $100) or the amount you paid Power, if any, in the past six months for the products or services giving rise to the claim. Your right to monetary damages in such amount shall be in lieu of all other remedies to which you may otherwise be entitled from Power, or its third-party providers, affiliates, agents, or licensors.
The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not Power has been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. However, because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
INDEMNIFICATION. You hereby indemnify, defend and hold harmless Power and all officers, directors, owners, agents, third-party providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Power reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
RESTRICTIONS ON USE. All materials published by Power, including, but not limited to Site Content, images, illustrations, price information, reviews and email newsletters (“Information”) are protected by copyright, and owned or controlled by Power or its third-party providers. You must access the Information manually and not programmatically by macro or other automated means, such as data mining, robots, or similar gathering and extraction tools. You may not use the Content for any unlawful purpose. You may not do any of the following while accessing or using the Site: (i) access, tamper with, or use non-public areas of the Site, Power’s computer systems, or the technical delivery systems of Power’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Site by any means (automated or otherwise); (iv) forge any TCP/IP packet header or any part of the header information in any email, or in any way use the Site to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Site.
LIMITED LICENSE. We grant you permission to use the Information available from this Site, provided that (1) the copyright notice below and permission notice below appear in all copies visibly and unmodified, (2) use of Information available from this Site is for informational and non-commercial or personal use only, and (3) no Information available from this Site is modified in any way. Except for the specified uses above and reprint uses described below, no part of the Information available from the Site may be copied, photocopied, reproduced, republished, licensed, distributed, performed, displayed, uploaded, posted, translated, altered, retransmitted, broadcast in any way, exploited, used to create derivative works, or reduced to any electronic medium or machine-readable form, in whole or in part, without the prior written consent of Power. If you copy, reproduce, or retransmit any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return, or destroy, or recall any copies of the materials you have made.
ANY DISTRIBUTION FOR COMMERCIAL PURPOSES IS STRICTLY PROHIBITED WITHOUT OBTAINING A LICENSE TO DO SO FROM US OR OUR LICENSORS.
To request consent for other matters, please contact Power via our Contact Form on our website.
THIRD-PARTY LINKS: Power may contain links to other Sites and websites that may be of interest to the reader. Power has no control over nor responsibility for the content found on those Sites or websites or their accessibility. You acknowledge your sole responsibility for and assume all risk arising from your use of any such websites or Sites.
TRADEMARK NOTICE. All product names, trademarks, service marks or other images in this web site are either the property of, or used with permission by, Power, and the use thereof without the express written consent of the owner(s) thereof is strictly prohibited. All other product names contained on this web site may be trademarks or service marks of other persons.
POWER RIGHTS. All right, title, and interest in and to the Site are and will remain the exclusive property of Power and its licensors. The Site and related services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use Power’s name, trademarks, logos, domain names, or other distinctive brand features. Should you provide Power any feedback, comments, or suggestions regarding the Site, such provision is entirely voluntary and Power may, in its sole discretion, use such feedback, comments, or suggestions as we see fit without any obligation to you. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
Power reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Power, its users and the public. Power also reserves the right to remove Content alleged to be infringing another’s intellectual property rights without prior notice, at our sole discretion.
ADVERTISEMENTS. The Site may include advertisements, which may be targeted to the Content or Information on the Site, queries made through the Site, or information about your visit to the Site. The types and extent of advertising by Power on the Site are subject to change. In consideration for Power granting you access to and use of the Site, you agree that Power and its third party providers and partners may place such advertising on the Site or in connection with the display of Content or Information from the Site whether provided by you or others.
Any and all advertising content on the Site is the sole responsibility of the business or advertiser who originated such content. While we strive to display attractive ads relevant to you, we may not monitor, control, or take responsibility for such content. Any use or reliance on any content or materials displayed on the Site is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications displayed via the Site or endorse any opinions expressed via the Site. You understand that by using the Site, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Power be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or 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 or elsewhere.
COPYRIGHT NOTICE. We are the owner or the licensee of all intellectual property rights in our Site and in the material published on it including all linked or downloadable Content. Except where otherwise indicated, all Content on this Site is Copyright © Power Construction Co. All rights reserved. When reprinting or copying Content for other purposes where providing Power’s copyright notice is required, you may provide this copyright notice by placing “© Power Construction Co.” somewhere near the reprinted chart. For our images, user manuals and videos, anywhere “© Power Construction Co.” automatically appears within, you must not crop that notice out of the image. Any reproduction of these pages for commercial purposes or for distribution to other persons is a violation of United States Copyright law and may subject you to civil and criminal penalties. You may not modify, publish, transmit, create derivative works or in any other way exploit any of Power's copyrighted works without first obtaining Power's written consent. You may not view, reproduce, print or otherwise use any of the Content of this web site for anything other than your personal, informational, noncommercial use. Any reproduction must include the copyright notice set forth above.
SUBMISSION POLICY. Power does not consider unsolicited ideas. As a premier construction company, experienced in work such as dredging, waterfront construction, piers and wharves, bridge building, lift services, and offshore work, we are continually developing new products and services to please our customers. It is likely that Power's has developed, been exposed to, or is already working on similar products and technology as any ideas submitted to us via the Site. The purpose of this policy is to avoid any confusion and disputes if Power's products, technologies, advertising, promotions, processes, materials, marketing, and the like, might appear similar to ideas submitted to Power's Site. Because Power does not wish to consider unsolicited ideas or materials, the following terms apply to all submissions: (1) Any submissions and their contents will automatically become the property of Power's, without any compensation to you; (2) Power may use or redistribute the submissions and their content for any purpose and in any way; (3) Power has no obligation to review the submission; and (4) there is no obligation to keep any submission confidential. To the extent a submission is made under terms inconsistent with the terms and conditions of this policy, the terms and conditions of this policy govern.
PERMISSION NOTICE. Permission to use the Information available from the Site is granted, provided that (1) the copyright notice and permission notice appear in all copies visibly and unmodified, (2) use of Information available from the Site is for informational and non-commercial or personal use only, and (3) no Information available from the Site is modified in any way.
For other instances in which you reproduce Power Content, consistent with the above terms or with express permission of Power, you must place “Used with permission from Power Construction Co.” somewhere near the reproduced content.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged, and any copyright, trademark and other proprietary rights notices must appear and remain intact on all copies.
INTERACTIVE SERVICES. We may from time to time provide interactive services on our Site, including, without limitation: User-maintained help Sites, chat rooms, and bulletin boards. Where we do provide any interactive service, we will attempt to provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor, or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
VENDOR PORTAL. Power offers as a service to its existing or prospective vendors (the “Vendor” or “Vendors”) an online portal that allows a Vendor to submit to Power the Vendor’s contact details, business information, and qualifications to do business with Power (“Vendor Portal”). References to “you” in this section are references to the individual who is authorized to use the Vendor Portal by and on behalf of a Vendor. By using the Vendor Portal, you represent that you are authorized to do so by and on behalf of a Vendor that is a duly organized, validly existing business, organization, or other legal entity in good standing in the jurisdiction(s) in which it operates and you and the Vendor agree to be bound by these Terms.
Vendor Portal Access and Account Security. You are responsible for both: (1) Making all arrangements necessary for you to have access to the Vendor Portal; and (2) Ensuring that all persons who access the Vendor Portal on behalf of the Vendor you represent are aware of these Terms and comply with them.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Vendor Portal or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other sensitive information.
We have the right to disable your account or any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. Both you and the Vendor are responsible for notifying Power and requesting deactivation of your account upon your leaving the Vendor organization to which the account was provisioned.
Power will not be responsible or liable for any loss or damage arising from your failure to comply with the provisions of this section.
Use of the Vendor Portal. You agree to use the Vendor Portal only to post, send, and receive information that is related to your existing or prospective business relationship with Power. It is a condition of your use of the Vendor Portal that all the information you provide on the Vendor Portal is correct, current, and complete and that you are authorized to provide the information. You agree you are responsible for any information you upload to the Vendor Portal, including any errors or omissions contained therein, and Power will have no obligation to confirm the accuracy of information you submit to the Vendor Portal.
You are prohibited from engaging in any use of the Vendor Portal 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) interferes with normal business operations. You further agree that you will not do any of the following:
1. Attempt to bypass login or security controls.
2. Access the Vendor Portal except through the visual user interfaces authorized by Power or through any of our authorized accessibility alternatives.
3. Use the Vendor Portal for any commercial uses other than management of your Vendor account with us and conducting actual or prospective business relations with us, unless you obtain Power’s prior written approval.
4. Use or launch any automated system, including without limitation, “robots,” “spiders,” “crawlers,” or “offline readers” (other than screen readers and similar devices designed to assist visually impaired persons), that accesses the Vendor Portal.
5. Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents.
6. Misrepresent your identity, provide false information, impersonate another person or entity, or misrepresent your relationship with a person or entity or attempt to use another’s Vendor Portal account.
Power reserves the right to prohibit access and terminate the account of anyone or any Vendor that Power determines, in its sole discretion, to be violating or attempting to violate these Terms.
Power Use of Information Submitted on the Vendor Portal. 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 and that such determinations are at Power’s sole discretion. You are entirely responsible for the accuracy and completeness of information you submit through the Vendor Portal and we may periodically require that you re-certify that such information is accurate, complete, and up to date. Power has the right, but not the obligation, to monitor any activity and information you submit and may use such information internally for any lawful purpose.
Ownership of Vendor Portal Content. Any raw data or expression in tangible media (such as a product image or logo) that you directly submit to us through the Vendor Portal is referred to herein as “Vendor Supplied Content.” All other data content, information and expressions in tangible media and copyrights generated by or appearing in the Vendor Portal is exclusively owned by Power and referred to herein as "Proprietary Content." For clarity, Proprietary Content includes all individual and compiled tangible expressions and functionality of the Vendor Portal itself, including the manner in which information is assembled and/or displayed in the Vendor Portal and all reports, analytics, and other content generated by or accessible through the Vendor Portal, as well as all content uploaded to the Vendor Portal by Power or created by Power, with the exception of Vendor Supplied Content. You acknowledge and agree that any and all Proprietary Content belongs solely to Power and you have no, and shall not acquire, any ownership right or proprietary interest in the Proprietary Content. You further acknowledge and agree that the Proprietary 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 Proprietary Content with others without our prior written consent. You further acknowledge and agree that neither you nor anyone in your company will extract screenshots, print or otherwise reproduce or share Proprietary Content with any third party without first obtaining Power’s written consent to the disclosure.
GENERAL. This agreement is governed by the laws of the State of Washington, U.S.A. You consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of this Power Site. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. However, if you are a federal, state, or local government entity in the United States using the Site in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Washington (excluding choice of law).
WAIVER. Power’s failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
SEVERABILITY. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Dispute Resolution section. (The AAA Rules are available at https://www.adr.org/ActiveRules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. Unless you and Power otherwise agree, the arbitration will be conducted in Seattle by one arbitrator. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The prevailing party in the arbitration will be entitled to an award of reasonable attorneys’ fees and expenses, to the extent provided under applicable law.
ENTIRE AGREEMENT. These Terms constitute the entire agreement between you and Power with respect to the Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Power with respect to the Site. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact us via our Connect With Us form if you have any questions about this agreement.