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Terms of Access

Last Revised:09/12/2014

Please review these Terms of Access. Any and All access to and use of this site and all websites (including mobile websites), applications, or other services on which these terms reside (collectively the “Property of Powell Industries Inc.”), and the features of this Powell Property, are subject to these Terms of Access (“Terms”). The Powell Property is owned or controlled by Powell Industries Inc. and its subsidiaries, division, affiliates, and brands. By accessing this Powell Property in any way, including, without limitation, browsing this Powell Property, using any information, and/or submitting information to Powell, you agree to and are bound by the terms, conditions, policies and notices contained here (the “Terms”), including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Washington State law.

From time to time we may update this Powell Property and these Terms. Your use of this Powell Property after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Powell may, in its sole discretion, and at any time, discontinue this Powell Property or any part thereof, with or without notice, or may prevent your use of this Powell Property with or without notice to you. You agree that you do not have any rights in this Powell Property and that Powell Industries will have no liability to you if this Powell Property is discontinued or your ability to access the Powell Property or any content you may have posted on the Powell Property is terminated.

By accessing or linking to this Powell Property, you assume the risk that the information on this Powell Property may be incomplete, inaccurate, out of date or may not meet your needs and requirements. We may add, change, discontinue, remove or suspend any of the information, features and other content included in this Powell Property at any time, without notice and without liability. 

All information provided on this Powell Property is subject to change without notice. Due to the open nature of this Powell Property, and the potential for errors in the storage and transmission of digital information, Powell does not warrant the accuracy of information obtained from this Powell Property.

Access and Use of Powell Property

Access to this Powell Property is limited to viewing the linked pages solely for legitimate business purposes, and subject to these Terms. Any access or attempt to access other areas of any Powell computer system or other information contained on the system for any purposes is strictly prohibited.

Powell Content

Content on this Powell Property that is provided by Powell Industries or its vendors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Powell Content”) is the property of Powell Industries and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and all other intellectual property laws.

Use of the Powell Property and Posting Policy

The following requirements apply to your use the Powell Property  (a) you will not use any electronic communication feature of the Powell Property for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Powell Property for any commercial transactions that are unrelated to the purposes for which the Powell Property was provided; (e) you will not upload, post, email, or otherwise transmit on interactive features intended for the general public any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

From time to time on certain areas of the Powell Property you may be able to submit reviews and certain other materials (“User Content”). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Powell; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Powell, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Powell Property  or feature of the Powell Property  You further understand and agree that you have no ownership rights in any account you may have with us, or other access to the Powell Property or features therein. Powell Industries Inc. may cancel your account and delete all User Content associated with your account at any time, and without notice, if Powell deems that you have violated these Terms, the law, or for any other reason. Powell assumes no liability for any information removed from our Powell Property  and reserves the right to permanently restrict access to the Powell Property or a user account.

By displaying, publishing, or otherwise posting any User Content on or through the Powell Property,  you hereby grant to Powell a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Powell Property and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. 

Powell does not warrant the accuracy of information obtained from this Powell Property  Powell does not endorse, verify, evaluate or guarantee the accuracy or reliability of the information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You acknowledge and agree that any use or reliance on the User Content will be at your own risk and you are solely responsible for any such use or reliance.

Indemnification

You agree to indemnify and hold Powell Industries, its subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, including the Posting Policy, or which arises from the use of User Content you submitted, posted, or otherwise provided to Powell Industries or this Powell Property.

Representations and Limitations of Liability

Powell makes no representations about the reliability of the features of this Powell Property,  the Content, User Content, or any other Powell Property feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Powell Industries makes no representations regarding the amount of time that any Content or User Content will be preserved.

Powell Industries does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Powell without the prior review and written approval of Powell Industries.

THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL POWELL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL POWELL BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND POWELL INDUSTRIES REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL POWELL OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF POWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Hypertext Links

This Powell Property may be linked to other sites which are not maintained by Powell.  Powell is not responsible for the content of or Privacy or other policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by Powell of the linked sites. Powell disclaims any liability for links: (i) from another site to the Powell Property and (ii) to another site from the Powell Property. In order to link to the Powell Property all users must comply with the Powell Terms of use and Terms of Sale.

Miscellaneous

These Terms will be governed by and construed in accordance with the internal laws of Washington State without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in King County, Washington State. These Terms operate to the fullest extent permissible by law. Accessing materials on this Powell Property by certain persons in certain countries may not be lawful, and Powell  makes no representation that materials on this Powell Property are appropriate or available for use in locations outside the United States. If you choose to access this Powell Property from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.

If Powell fails to act with respect to your breach or anyone else's breach on any occasion, Powell is not waiving its right to act with respect to future or similar breaches.

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

These Terms constitute a binding agreement between you and Powell,  and is accepted by you upon your use of the Powell Property. These Terms constitute the entire agreement between you and Powell regarding the use of the Powell Property. By using the Powell Property you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.