Powerex™ Website Terms of Use

 

These Terms of Use govern the use of Powerex Corp. website and all content and information available through the website (collectively the “Website”). By using the Website you signify your acceptance and agreement, and the acceptance and agreement of any person (including any incorporated or unincorporated entity) you purport to represent, without limitation or qualification, to be bound by these Terms of Use, and you represent and warrant that you have the legal authority to agree to and accept these Terms of Use on behalf of yourself and any person you purport to represent.

  1. Permission to Use Website

You may not access or use the Website if any of the following apply: (a) you do not agree to these Terms of Use; (b) you have breached these Terms of Use; (c) your permission to use the Website has been suspended or terminated by Powerex; or (d) you or any person you represent are located in a jurisdiction where access to or use of the Website may be illegal or prohibited.

  1. Permitted Use of Website

You may use the Website for your lawful purposes only, and only in accordance with these Terms of Use and all applicable laws. You may not use the Website for any other purpose or in any other way. You are solely responsible and liable for ensuring that your access to and use of the Website complies with all applicable laws.

The Website is for convenience and informational purposes only. The Website is not intended to be (and should not be construed as) a comprehensive or detailed statement concerning the matters addressed, any kind of professional advice or recommendation, or an offer to sell or buy any product or service. You should seek appropriate, qualified professional advice suitable to your particular circumstances before acting or omitting to act based on any information provided on or through the Website.

You may print or download Website pages for your lawful use, provided that you do not modify any of the Website pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.

Without limiting the foregoing, you may not: (a) attempt to circumvent the ordinary navigational structure, technical delivery systems or display of the Website or otherwise attempt to access or use the Website or any part of it by any means that is not deliberately made available to you for that purpose by Powerex; (b) use the Website in a way that damages, disrupts, compromises, degrades or interferes with the integrity, functionality, operation, performance or security of the Website or any related technology system; (c) alter, attempt to circumvent, destroy, obscure or remove any notices or security measures on or in the Website or any documents or information obtained through the Website; (d) copy, reproduce, distribute, imitate, publish, republish, translate, repost, publicly display, publicly perform, transmit, distribute, sublicense, create any interest in, commercially exploit, or otherwise give or make available or permit access or use of the Website to or for the benefit of any other person, whether as a service bureau or otherwise, and with or without charge; (e) index, crawl, catalogue, mirror, frame, scrape, cache or collect or mine data from the Website for any purpose whatsoever, using any technologies, tools or methods (including robots, spiders, crawlers, or other automatic devices, programs or methodologies) whatsoever; or (f) authorize, permit, assist, encourage or enable any other person to do any of the foregoing or to use the Website in a way that would constitute a breach of these Terms of Use if it were done by you.

  1. Credentials

Access to or use of certain features or functionalities of the Website will require the use of valid and subsisting unique identifiers or other factors registered with or provided by Powerex (collectively “Credentials”). Credentials are specific to you, and may not be shared with or transferred to any other person. You will keep Credentials secure and confidential at all times. You will not permit any other person to know or use Credentials. You will immediately notify Powerex if you know or suspect that Credentials have become known to or used by any other person. Powerex in its discretion may require you to verify or change Credentials from time to time, and may cancel Credentials without any notice or liability to you or any other person.

  1. Personal Information and Privacy

The Website collects information that you specifically and knowingly provide (including information in career applications submitted through the Website), and uses technological measures to collect information about your use of the Website. By using the Website, you consent to the collection, use, disclosure and retention of your personal information by or on behalf of Powerex in accordance with the Powerex Privacy Policy, which is available at [insert URL] and may be revised by Powerex from time to time.

  1. Ownership

Copyright © 2020 Powerex Corp. All rights reserved. The Website and the technologies and data used to operate the Website and all related proprietary rights (including copyright) are owned solely by Powerex and its licensors, and are protected by Canadian and international copyright, trademark, and other laws. You will not acquire any right, title or interest in, to or associated with the Website or any related technologies and data.

  1. Unsolicited Submissions

Any unsolicited idea, suggestion, proposal or other materials, excluding a career application submitted through the Website (each a “Submission”) that you send to Powerex is deemed non-confidential, and you automatically and unconditionally grant (or warrant that the owner of the Submission unconditionally grants) to Powerex and its licensors and their respective successors, assigns and licensees a perpetual, irrevocable, royalty-free, non-exclusive, world-wide, fully assignable and sub-licensable right and license to use and exploit the Submission in any and all ways and for any and all purposes without providing any compensation or attribution to you or any other person and free from any obligation of confidentiality or other duties or obligations.

  1. Other Sites

For your convenience, the Website may include links or references to other websites (including the BC Hydro website) or resources and businesses operated by other persons (collectively “Other Sites”). Other Sites are independent from Powerex, and Powerex has no responsibility or liability for or control over Other Sites, their business, goods, services or content. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk.

  1. Trademarks

POWEREX™, SUPPLY. FLEXIBILITY. COMMITMENT.™, the Powerex logo, and other related trademarks and symbols are registered or unregistered trademarks, tradenames and servicemarks owned or used under license by Powerex. Other product and company names and logos appearing on the Website may be registered or unregistered tradenames, trademarks and servicemarks of their respective owners. Any use of the tradenames, trademarks, servicemarks and logos displayed on the Website is strictly prohibited, and nothing appearing on the Website will be construed as granting any licence or right to use any of those trademarks, service marks or trade names.

  1. Links

You may not provide a link to the Website from any other website without Powerex’s prior written consent. To request consent, please contact Website Administrator at webinquiries@powerex.com. Any consent provided by Powerex may be withdrawn at any time effective immediately on notice.

  1. No Unsolicited Commercial Electronic Messages

Email addresses and telephone numbers for Powerex representatives published on the Website may not be used to send unsolicited commercial electronic messages intended to promote or sell products or services to Powerex or any of its representatives. Powerex representatives do not wish to receive unsolicited commercial electronic messages at the published addresses.

  1. Disclaimers and Liability Exclusion

General:  Notwithstanding any other provision of these Terms of Use and to the maximum extent permitted by applicable law, the Website is provided “as is”, “as available” and “with all faults”, and without any representation, warranty, condition or guarantee of any nature or kind whatsoever, whether express, implied or statutory, or arising from custom or trade usage or by any course of dealing or course of performance, including any representation, warranty, condition or guarantee of or relating to merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, completeness, timeliness or performance. No oral or written information or advice given by or on behalf of Powerex will create any legally binding or effective representation, warranty, condition or guarantee. You and all persons you represent use the Website at your own risk.

Website Content:  Without limiting any other disclaimer, the information and content on or available through the Website might not be accurate, current or complete, and errors or inaccuracies might not be corrected.

Other Sites:  Without limiting any other disclaimer, you are solely responsible for the selection of Other Sites to achieve your intended results, and you access and use Other Sites at your own risk. Powerex does not make or give any representation, warranty, condition or guarantee of any nature or kind whatsoever (whether express, implied or statutory, or arising from custom or trade usage or by any course of dealing or course of performance) regarding any Other Site. Powerex does not control, and is not responsible or liable for, any Other Site.

Employment Applications:  Without limiting any other disclaimer, Powerex is not obligated to acknowledge, consider or respond to any application for employment submitted through the Website or by email to any Powerex representative. Any offer of employment by Powerex to an applicant will be subject to the applicant’s acceptance of a written employment agreement prescribed by Powerex.

Liability Exclusion:  Notwithstanding any other provision of these Terms of Use and to the maximum extent permitted by applicable law, in no event and under no circumstances will Powerex or any of its personnel or representatives be liable to you or any other person for any damage, loss or liability of any nature or kind whatsoever (including direct, indirect, incidental, consequential, special, punitive and exemplary damage or loss) under any theory (including contract, tort, strict liability and statute) arising from, connected with or relating to the Website, regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by Powerex or any person for whom Powerex is responsible, even if other remedies are not available or do not adequately compensate for the damage, loss or liability, even if Powerex or any other person knows or ought to have known of the possibility of the damage, loss or liability being incurred, and regardless of whether or not the damage, loss or liability was foreseeable.

  1. Changes/Termination

Powerex in its discretion may change, suspend or terminate the Website from time to time, and may limit, suspend or terminate your permission to access and use the Website at any time, without any notice or liability to you or any other person.

The Website may be interrupted or unavailable from time to time, including for maintenance or due to causes beyond Powerex’s control, without any notice or liability to you or any other person.

If your permission to use the Website is terminated, then these Terms of Use will continue to apply and be binding regarding your access to and use of the Website before termination and all related matters (including any related dispute).

  1. Governing Law and Disputes

These Terms of Use, your use of the Website, and all related matters are governed solely by the laws of the Province of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.

Any dispute between Powerex and you or any other person arising from, connected with or relating to the Website, these Terms of Use or any related matter must be resolved before the courts of the Province of British Columbia sitting in the City of Vancouver and all courts of appeal therefrom, and you and all persons you represent hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of any dispute or matter. Notwithstanding the foregoing, Powerex may commence legal proceedings against you and all persons you represent in the courts of any jurisdiction seeking injunctive relief (or similar urgent legal remedies) to enforce these Terms of Use or to protect Powerex’s rights and interests or to enforce any judgment against you.

  1. Changes to Terms of Use

Powerex may change these Terms of Use from time to time by posting the changed Terms of Use on the Website. The changed Terms of Use will be effective immediately on posting, unless the changed Terms of Use expressly state otherwise. You are solely responsible for checking these Terms of Use for any changes. By using the Website after these Terms of Use have been changed by Powerex, you signify your agreement to the changed Terms of Use. You may not change or supplement these Terms of Use in any manner.

  1. Other Matters

These Terms of Use, as changed by Powerex from time to time, constitute the entire agreement between Powerex and you and all persons you represent regarding your use of the Website and related matters, and supersede all previous agreements between Powerex and you and all persons you represent regarding your use of the Website. These Terms of Use are binding on you and all persons you represent and each of your respective heirs, executors, administrators, personal representatives, successors and permitted assigns. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais. In these Terms of Use: (a) headings are for reference only; (b) words importing the singular number only include the plural, and vice versa; (c) “discretion” means a person’s sole, absolute and unfettered discretion; (d) “including” or “includes” means including or includes (as applicable) without limitation or restriction; (e) “law” includes common law, civil law, equity, statutes and regulations; and (f) “person” includes a legal entity.

 

If you have any questions or comments regarding these Terms of Use, please contact Powerex by email to webinquiries@powerex.com.

IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE WEBSITE.