Legal / Website Terms of Use

Website Terms of Use

1. Welcome to the PowerPlan Website

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND CONSTITUTE A LEGALLY BINDING AGREEMENT.

By accessing and/or using this website, you agree to be bound by these Terms of Use. If you continue to browse and use this website you are agreeing to comply with and be bound by the following Terms of Use, which governs PowerPlan’s relationship with you in relation to this website.

The term “PowerPlan”, “us”, “we”, or “our” refers to PowerPlan, Inc., the owner of this website, whose registered office is 300 Galleria Parkway, Suite 2100, Atlanta, GA 30339. The term “you” or “your” refers to the user or viewer of this website. Your use of this website is subject to the following Terms of Use. If you do not agree with these Terms of Use, you are not authorized to view or use this website.

2. Changes to These Terms of Use

From time to time, PowerPlan may modify these Terms of Use, at our sole discretion, by placing the modified Terms of Use on this website. Your access to and use of this website is subject to the Terms of Use as provided on this website at the time of your access or use, so please refer to these Terms of Use periodically.

3. Use of Website Documents

You may download, view, copy and print documents, including graphics incorporated in the documents, that we make available on this website (“Documents”), such as white papers, press releases, datasheets and FAQs. Your use of the Documents is subject to the following: (a) the Documents may not be modified or altered in any way, and (b) the Documents may be used solely for your personal, informational, non-commercial purposes. You may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Documents or other content from this website in whole or in part without our express written authorization. The licenses granted above are revocable at any time without notice and with or without cause.

The content of the pages of this website and Documents made available on this website are for your general information and use only. The content and Documents may change without notice. The content and Documents may or may not accurately reflect the most current releases of PowerPlan’s products and services.

4. Intellectual Property Rights

This website contains material which is owned by or licensed to PowerPlan. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited except as provided in these Term of Use. Nothing within these Terms of Use and this website shall be construed as conferring a license of or to any of our or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise, except as expressly set forth in these Terms of Use.

All trademarks reproduced in this website that are not owned by PowerPlan are trademarks of third parties. PowerPlan makes no claims of ownership to these other trademarks.

5. Links to and From Other Websites

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

You may not create a link to this website from another website or document without PowerPlan prior written consent.

6. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE CONTENT OF THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THIS WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE, ACCURATE, OR ERROR-FREE; (iii) THE QUALITY OF ANY CONTENT, DOCUMENTS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS; AND (iv) ANY ERRORS IN THIS WEBSITE WILL BE CORRECTED.

ANY DOCUMENTS OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

7. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THIS WEBSITE; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (c) ANY OTHER MATTER RELATING TO THIS WEBSITE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT DAMAGES IN EXCESS OF ONE THOUSAND DOLLARS ($1,000.00) IN THE AGGREGATE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. Termination

We may, without prior notice, immediately terminate, limit your access to or suspend your access to this website for any reason or for no reason. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of these Terms of Use, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to this website (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, and/or (f) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your access to this website.

9. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement

We respect the intellectual property of others. If you believe that any material on this website infringes upon any copyright which you own or control, please send a written notification of such claim to:

PowerPlan, Inc.
Attn: DMCA Complaints
300 Galleria Parkway
Suite 2100
Atlanta, Georgia 30339
+1 678.223.2714
dmca@powerplan.com

10. General Information

These Terms of Use constitute the entire agreement between you and us governing your access and use of this website, superseding any prior version of these Terms of Use.

You and we each agree that these Terms of Use and the relationship between the parties shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.