Updated July 15, 2016
Overview and Important Definitions
Through this site and many of our services, PowerCalc offers businesses, organizations and individuals access to a diverse collection of resources related to electrical engineering design hosted services, software and tools; consulting advice; services and support materials; training content, such as blogs, webinars, videos, templates, guides, books, social media content, user-generated content, personalized content, industry surveys, and user-feedback polls; mobile applications; and including, without limitation, application program interfaces (“APIs”). We refer to these resources collectively as “Services” throughout this Agreement.
The PowerCalc Services may be offered across several web domains, including, without limitation, PowerCalc.co. We’ll refer to these domains as the “Sites” in this Agreement.
You may access certain portions of the PowerCalc Sites or Services with a free account as a trial user for the initial 30 days (“User”) of your first use of PowerCalc, whereas any person who pays for any portion of the Sites or Services shall be referred to herein as either a “Subscriber” or “Customer” throughout this Agreement. If you are using PowerCalc Sites or Services on behalf of a company or other entity, then “Customer” or “Subscriber” means that entity, and you are also binding that entity to this Agreement. You also represent and warrant that you have the legal power and authority to enter into this Agreement and that, if the Subscriber or Customer is an entity, this Agreement is entered into by an employee or agent with all necessary authority to bind that entity to this Agreement.
Conditions Governing Subscriptions
PowerCalc offers subscriptions to a number of different software-as-a-service (SaaS) products (for example Core, Professional and Professional Plus as well as various other applications). These TOUs govern all of our subscriptions, and we reserve the right to add, change or remove subscription products at any time.
You agree to the pricing and payment TOUs presented to you at the time you sign up for any of our Services on the Sites, as a subscriber.
You are solely responsible for canceling your account and taking action to cancel your account prior to renewal if you don’t want your free trial or subscription to auto-renew. Subscriptions can renew annually.
Only annual term and longer pre-pay accounts are eligible for discounts.
We will automatically begin billing you for subscription fees corresponding to your subscription plan at the end of your free trial period, unless you manually cancel prior to the end of your free trial. To view your subscription plan details, you can check the Licenses tab under your Account settings after logging into the service.
Unless and until you cancel, your Subscription will be renewed automatically at the end of your subscription term. Your subscription will automatically renew for successive subscriptions, without prior notice, unless and until you cancel your subscription, or we terminate it. In order to avoid billing for the next period’s subscription fees, you must cancel your subscription before it renews.
It is your responsibility to maintain a valid and updated credit card associated with your account and to ensure that you are authorized to use said credit card. PowerCalc reserves the right at any time and at our sole discretion to implement fraud-protection measures including and without limitation, temporarily charging a small amount to your credit card to test validity and confirm that you are an authorized card holder.
Your purchase and/or use of the PowerCalc Service may subject you to taxes, including, without limitation, sales and use taxes, by any authority which has jurisdiction to impose such taxes. You agree that the payment and obligation of any such taxes are your sole and absolute responsibility, and you agree to indemnify PowerCalc to the extent that PowerCalc incurs any obligations or other liabilities in connection with such taxes.
PowerCalc reserves the right to quote additional fees for certain Services that may be arranged by mutual written agreement and/or paid for via invoice. If PowerCalc has entered into a separate invoicing relationship with you, you agree to pay all undisputed invoices within 30 days, and you agree that PowerCalc may charge interest of 1.5% monthly (or the highest rate permitted by law) for past due invoices. You further agree to be liable for reasonable collection costs and attorney fees resulting from PowerCalc’s attempt to collect on past due amounts. Should you fail to pay an invoice, PowerCalc reserves the right to suspend, cancel and/or delete your subscription, including any and all access to the Services and data associated with your subscription.
If the credit card you have on file with your account expires, your continued use of the Service constitutes your authorization for us to continue billing you, and you remain responsible for any uncollected amounts.
All fees and charges are nonrefundable. All billing transactions are processed in U.S. dollars and are subject to the currency conversion rate on the date of the transaction.
You may cancel your free trial or your subscription at any time. In order cancel your free trial, you must do so within your account prior to the end of the trial period. Customers must cancel their paid subscriptions by emailing us at firstname.lastname@example.org however, that alone does not guarantee cancellation. In order to protect the security of our account holders, we will need to verify the card holder’s identity in order to complete the cancellation process.
Immediately upon your cancellation, you will no longer have access to your account. If you log back into your account, you will be notified that further access will resume your account subscription and that acceptance of proceeding will initiate auto-renewal.
For cancellations of a monthly subscription to cover administration costs and not as a penalty, the current month’s fees and following month’s fees will not be refunded.
For a pre-paid annual subscription to cover administration costs and not as a penalty, four (4) months of fees will be retained and any remaining amounts owed will be refunded at the discounted rate paid for the remainder of your subscription term.
You are not entitled to refunds under any circumstances when you cancel a downgraded subscription during a billing period.
You are not entitled to a refund of any applicable fees incurred by you such as conversion rate fluctuations, international bank transaction fees and overdraft fees.
PowerCalc does not accept any liability for any losses to your account features or content should you choose to downgrade your subscription.
Conditions Governing All Users of PowerCalc Sites and Services
This Site is offered to you conditioned upon your acceptance without modification of any/all these TOUs, conditions, and notices set forth below. By accessing or using this Site in any manner, you agree to be bound by these TOUs. We reserve the right at any time, at our sole discretion, to change or otherwise modify these TOUs without prior notice, and your continued access or use of this Site signifies your acceptance of the updated or modified TOUs.
As a condition of your use of this Site and our Services, you warrant:
We retain the right at our sole discretion to deny access to anyone to this Site and the services we offer, at any time and for any reason, including, but not limited to, for violation of these TOUs.
You acknowledge as a Subscriber that if PowerCalc cannot charge your credit card at the time of renewal, PowerCalc may cancel your subscription, and as a result, you may lose access to the Services and all data associated with your account.
You also agree that as a Subscriber that your rights may depend upon your ability to demonstrate that you are a paid Subscriber (i.e. the ability to change your associated password).
Portions of the Sites and Services are publicly available and available to non-paying Users. You agree that these public sections may also be accessible by different site tools (search engines, metasearch tools, crawlers, metacrawlers, marketing testing programs) and other programs.
The content and information on this Site (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site. Additionally, you agree not to:
Reviews, Comments and Use of Other Interactive Areas
We appreciate hearing from you. Please be aware that by submitting content to this Site by electronic mail, postings on this Site or otherwise, (collectively, "Submissions"), you grant PowerCalc and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to
You acknowledge that PowerCalc may choose to provide attribution of your comments or reviews at our discretion. You further grant PowerCalc the right to pursue at law any person or entity that violates your or PowerCalc's rights in the Submissions by a breach of these TOUs. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on the Site ("Interactive Areas"). If PowerCalc provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
PowerCalc takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are PowerCalc liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As a provider of interactive services, PowerCalc is not liable for any statements, representations, or Content provided by its users in any public forum, personal home page, or other Interactive Area. Although PowerCalc has no obligation to screen, edit, or monitor any of the Content posted to or distributed through any Interactive Area, PowerCalc reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense. If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by PowerCalc or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release PowerCalc, and its licensees, successors and assigns, from any claims that you could otherwise assert against PowerCalc by virtue of any such moral rights.
Notice & Security
You will agree to inform PowerCalc immediately upon knowledge of a breach in security related to your account or of a third party’s improper use of the Services in relation to your account.
PowerCalc will implement and maintain reasonable physical, administrative and technical measures in its facilities and on its systems and networks to protect Customers and Subscribers from unauthorized access by any third party. PowerCalc will not be responsible for any unauthorized access to any Customer Account that (a) occurs through your systems or networks; (b) results from any vulnerabilities or weaknesses in your devices, equipment, facilities, networks or systems; (c) results from the use or misuse of the Subscriber Account or any User Accounts; or (d) results from any breach of your privacy or data protection policies or procedures by You or any third party.
User and Subscriber Content
Users and Subscribers may create, upload, post and store information, data, text, videos, images or other materials (“Content”) on the Sites and/or Services, which may be viewable by You and other Users or Subscribers. You understand that any and all Content that you post, store and upload to the Sites or Services are the sole responsibility of the person from whom such Content originated.
You agree that you and each of your Users (or Clients) will not create, upload, post or store any Content that (a) may create any liability, violate any Applicable Laws or result in any harm or injury to PowerCalc or any third party; (b) involves the publication of any material or content that is false, defamatory, untruthful, unlawful, harassing or obscene; (c) violates any privacy rights of any third party or promotes bigotry, racism, hatred or harm; (d) constitutes an infringement of any intellectual property or proprietary rights of any third party; or (e) contains any software viruses, corrupted data or other harmful, malicious, disruptive or destructive files or content.
In addition to the other rights afforded to PowerCalc under these TOUs, PowerCalc reserves the right, but has no obligation, to take remedial action if any Content materially violates any of these TOUs, which may include the removal or disablement of access to such Content, without any liability to you or any of your Users.
PowerCalc does not control the Content posted via Subscribers or Users of the Sites or Services, and as such, does not guarantee the integrity, quality or accuracy or such content. You agree that by using the service, you may be exposed to Content that is objectionable, indecent, offensive, or illegal in your jurisdiction. Under no circumstances, will PowerCalc 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 transmitted, posted, uploaded, emailed or otherwise made available via the Sites or Services.
User and Subscriber Code of Conduct
Regarding use of the Sites and Services, you and any of your account Users agree that you will not (a) engage in any activities that violate any Applicable Laws or that could create any liability or could result in any harm or injury to PowerCalc or any third party; (b) attempt to circumnavigate any content-filtering applications or security protocols PowerCalc has in place, or attempt to access any features or areas of the Sites or Services that you are not subscribed to or are not authorized to access; (c) engage in any illegal, harassing, predatory, intimidating or objectionable conduct on the Sites or Services; (d) develop any third-party applications or services outside of our API that interact with the Sites or the Services without PowerCalc’s prior written consent; (e) use the Sites or Services for any unlawful or unauthorized purpose or engage in or promote any activity that violates these TOUs and conditions of these TOUs; (f) infringe upon or violate any intellectual property or proprietary rights of any third party; (g) create, upload, post or store any Content that contains any software viruses, corrupted data, spam or other harmful, malicious, destructive or disruptive files or content on the Sites or Services; or (h) create, upload, post or store any Content that contains private or personal information of a third party without such third party’s consent.
Services Limitations & Modifications
PowerCalc may establish limits or modifications concerning use of the Sites and Services at its discretion, and PowerCalc reserves the right at any time to modify or discontinue temporarily or permanently the Sites or Services (or any part thereof) with or without notice. You agree that PowerCalc shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites or Services.
PowerCalc reserves the right to charge fees for additional features associated with the Sites or Services at any time.
Any portion of, or use and access to, the Sites and Services of PowerCalc, including all Content publicly available therein, may not be reproduced, duplicated, copied, sold, traded, resold or otherwise exploited for any commercial purposes, unless you otherwise have an agreement with us which specifically grants you such right(s).
PowerCalc may, from time to time, add new features to the Sites or Services that may be described as “beta” services or “beta” features (collectively, “Beta Features”). These Beta Features will be considered part of the Services and any and all provisions of theseTOUs relating to the Services will apply to the Beta Features, as well.
Users acknowledge that access to Beta Features will be optional, and electing to use a Beta Feature, means you will do so at your own risk.
Beta Features may include partially functional or non-functional features of the Services, and use of Beta Features also grants PowerCalc access to User testing data for product development purposes. PowerCalc disclaims any and all warranties associated with any Beta Feature, and any risk to a User’s software, hardware or operations is borne entirely by the User.
You agree that PowerCalc may identify you as a customer and may refer to you by name, trade name and trademark, if applicable, and that PowerCalc may briefly describe your business, if applicable, in its marketing materials on its Sites. You hereby grant PowerCalc an irrevocable, perpetual, worldwide, fully-paid license to use your name and any of your trade name and/or trademarks solely in connection with the rights granted to PowerCalc pursuant to this marketing section.
Trademarks; Copyrights; Proprietary Rights
PowerCalc is the sole owner of the visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Sites (“PowerCalc Content”). PowerCalc specifically excludes ownership of Content created, uploaded, transmitted or otherwise posted by Users and Subscribers and as previously described as “User and Subscriber Content.”
PowerCalc owns all the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with PowerCalc Software “Software”, the Sites, and the Services.
You acknowledge and agree that the Software and Service contain proprietary and confidential information protected by applicable intellectual property laws and other laws. Any and all Content in sponsorship advertisements or any information presented through the Service or by Advertisers is protected by trademark, copyright, service mark, patent and/or other proprietary rights and laws. You agree, unless otherwise authorized, not to create derivative works or otherwise modify, reproduce, adapt, rent, lease, sell, distribute or exploit the Service, Content or the Software in whole or in part.
The term “PowerCalc” and any Content on the Sites or Services that distinguishes PowerCalc from other goods and services are registered or unregistered trademarks of PowerCalc (the “PowerCalc Trademarks”.) PowerCalc does not grant Users any implied or express rights in PowerCalc Content or PowerCalc Trademarks, and all rights are retained and reserved by PowerCalc, and you agree not to display or use in any manner the PowerCalc Trademarks without prior written consent.
User & Subscriber Indemnification of PowerCalc for Certain Actions
To the maximum extent permitted by Applicable Laws, Users and Subscribers agree to indemnify and hold PowerCalc and its officers, directors, employees, contractors, agents attorneys partners, licensors and other representatives harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) User or Subscriber Content you transmit, submit, post, email or otherwise make available through the Sites or Services, (ii) your unauthorized use of the Sites or Services, (iii) your relation or connection to the Sites and Services, including, but not limited to, your use of the Services to link to other Sites or to upload content or data to other Sites, or (iv) your violation of any rights including but not limited to another person or entity’s copyright or other intellectual property rights.
Disclaimer of Warranties
Your use of the PowerCalc service is at your sole risk. PowerCalc provides the Services on an “as-is” and “as available” basis. to the fullest extent applicable by law, PowerCalc and its officers, directors, employees, contractors, agents, attorneys, partners, licensors, and other representatives expressly disclaim all warranties of any kind, whether express or implied, but not limited to the implied warranties of merchantability and non-infringement, or fitness for a particular purpose.
POWERCALC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, ATTORNEYS, PARTNERS, LICENSORS AND OTHER REPRESENTATIVES MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; AND (ii) THAT THE SERVICE WILL BE ACCURATE, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE.
POWERCALC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, ATTORNEYS, PARTNERS, LICENSORS AND OTHER REPRESENTATIVES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUBSCRIBER CONTENT OR ANY FACILITIES, EQUIPMENT OR HOSTED SERVICES USED BY YOU IN CONNECTION WITH THE SITES AND HOSTED SERVICES INCLUDING BUT NOT LIMITED TO ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED OR USED BY YOU IN CONNECTION WITH THE SITES AND HOSTED SERVICES.
TO THE EXTENT THAT POWERCALC MAY NOT AS A MATTER OF APPLICABLE LAWS DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED PURSUANT TO SUCH LAW.
Nothing in these TOUs should construe the relationship between the parties as being between a franchisor or franchisee.
PowerCalc should be used only by a Registered/Licensed Professional Engineer. PowerCalc is provided with the understanding that it is supplying the User and/or Customer with information and opinion. It is also provided with the understanding that it is not engaged in, does not attempt to provide, and does not intend to provide engineering or other professional advice and/or services. PowerCalc is not a substitute for the advice of a registered/licensed professional engineer. While every effort has been made to achieve a work of high quality, no guarantees are offered with regard to the accuracy or completeness of PowerCalc, nor is nay liability assumed for any omissions or errors or in connection with the information and opinions contained in PowerCalc’s software, sites, Services or any related materials published or unpublished.
LIABILITY LIMITATION; EXCLUSIVE REMEDIES FOR USERS
YOU ACKNOWLEDGE AND EXPRESSLY UNDERSTAND AND AGREE THAT POWERCALC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, ATTORNEYS, PARTNERS, LICENSORS AND ANY OTHER REPRESENTATIVES SHALL NOT BE LIABLE TO YOU, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR STRICT LIABILITY) OR OTHERWISE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFIT, REVENUE OR USE, DAMAGES FOR BUSINESS INTERRUPTIONS OR LOSS OF DATA) OR OTHER INTANGIBLE LOSSES RESULTING FROM (i) THE USE OR INABILITY TO USE THE SITES OR SERVICE; (ii) THE COST OF SUBSTITUTE SERVICES AND/OR GOODS RESULTING FROM ANY DATA, INFORMATION, GOODS OR SERVICES ACQUIRED OR PURCHASED, OR MESSAGES RECEIVED, OR ANY TRANSACTIONS ENGAGED IN THROUGH OR FROM THE SITES OR SERVICES; (iii) DATA LOSSES FROM UNAUTHORIZED ACCESS OR ALTERATIONS OF YOUR TRANSMISSIONS OR DATA; (iv) THIRD PARTY STATEMENTS OR CONDUCT ON THE SITES OR SERVICE; (v) OR ANY OTHER MATTER RELATED TO THE SERVICE, EVEN IF POWERCALC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PROJECTMANAGER’S MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE), NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ARISING OUT OF OR RELATING TO THE SITES AND SERVICES, (INCLUDING ANY LIABILITY ARISING OUT OF ANY PERFORMANCE, NONPERFORMANCE OR BREACH) WILL IN NO EVENT EXCEED THE TOTAL AMOUNTS, IF ANY, PAID BY YOU IN THE 12 MONTHS PRIOR TO YOUR CLAIM TO POWERCALC UNDER THIS AGREEMENT.
POWERCALC DOES NOT: (i) ENDORSE OR ACCEPT REPONSIBILITY FOR THE RELIABILITY OR ACCURACY OF ANY OPINION, STATEMENT OR ADVICE MADE BY ANY PARTY THAT APPEARS ON THE SITES OR SERVICES; OR (ii) GUARANTEE THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION ON THE SITES OR SERVICES. UNDER NO CIRCUMSTANCES WILL POWERCALC BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OR CONTENT POSTED ON THE SITES OR SERVICES OR TRANSMITTED TO OR BY ANY USERS OR SUBSCRIBERS.
PowerCalc is covered by US Patent # 7,636,650. PowerCalc name and logo trademarks and service marks and other PowerCalc product and service names and logos are registered or unregistered trademarks of PowerCalc.
These TOUs, together with all other legal documents posted on powercalc.co which are incorporated by reference including the Customer Agreement and other policies, notices and warranties, constitute the entire agreement between you and PowerCalc and govern your use of the Service and Sites and supersedes any previous agreements between you and PowerCalc with respect to the Service. There may be additional applicable terms and conditions that apply when you use and purchase other PowerCalc services, third party content or third-party software, or affiliate services.
We accept no liability for any failure to comply with these TOUs of use where such failure is due to circumstance beyond our reasonable control. If we waive any rights available to us under these TOUs of use on one occasion, this does not mean that those rights will automatically be waived on any other occasion. If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force. As we are a Florida based company, this website is governed by and is to be interpreted in accordance with the laws of the state of Florida in the United States. Both of us irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in Palm Beach County, Florida, United States. By entering this agreement, you specifically waive any rights under the Sovereign Immunity Act.
You must ensure that your access to this website is not illegal or prohibited by laws that apply to you. Details contained on this website relating to our services have been prepared in accordance with Florida and United States law and may not satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside of the United States) and if the details do not satisfy the laws of your jurisdiction, you may not subscribe to any services from this website.
Electronic Form & Signatures
By accessing the Sites or Services, you consent to have this Agreement provided to you in electronic form. Please print a copy of this Agreement for your records. You further agree that when you subscribe to the Service by clicking “Subscribe” or “Start FREE Trial” or other similar buttons with your mouse, keystroke, or equivalent computer function, or through your mobile device, your agreement or consent to access the Service will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Notices and Future Changes
Waiver and Severability of TOUs
The failure of PowerCalc to enforce or exercise any provision or right of these TOUs shall not constitute a waiver of such provision or right. If any provision of these TOUs is held to be invalid or unenforceable under applicable law, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; and the other provisions of these TOUs shall remain in full force and effect.
You agree that your PowerCalc account is nontransferable and you or your account users may not assign rights or delegate any duties under this Agreement. PowerCalc may delegate duties or assign rights under these TOUs in connection with a merger, reorganization, or sale of substantially all of its assets. These TOUs will bind successors and permitted assigns.
Statute of Limitations
You agree that any claim or cause of action related to use of the Service or these TOUs, regardless of any law or statue to the contrary, must be filed within one (1) year after such cause or claim of action arose or be forever barred.
Want To Contact Us About This Agreement? Please contact us anytime at support@PowerCalc.co.