Terms of Use

As of June 23, 2019

Acceptance of the Terms of Use

Welcome to the website of Pacific Power Solutions, LLC (“Company,” “we” or “us”). The following Terms of Use, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of https://www.ppsusa.net/ (the “Website”), including any content, functionality and services offered on or through the Website.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.ppsusa.net/privacy-policy incorporated herein by reference. 

Pacific Power Solutions, LLC (PPS) reserves the right to modify these Terms of Use at any time without prior notice and as such recommends that the User reads the Terms of Use carefully and completely each time this Site is visited or used. If a User of this Site is unwilling or unable to be fully bound by either the Terms of Use or the Privacy Policy, the User should not access or use the Site.

Copyrights

Unless otherwise explicitly stated, all material including text, images, graphics, drawings, audio recordings, photos and videos (collectively “Material”) contained in or displayed on this Site is copyrighted and the Material and the copyrights thereto are either the property of, licensed by or used with the permission of PPS and/or one or more of its affiliated or associated companies or other third party entities with which PPS has a contractual business relationship (collectively “Associated Entity”). No Material on this Site may be reproduced, copied, published, modified, posted, reposted, performed or distributed in any way without the express written permission of either PPS, or for Material not owned or licensed by PPS, the particular Associated Entity owning or licensing such Material.

The User of this Site may use and browse this Site and the Materials owned by PPS (“PPS Materials”) for his/her own personal information, education, understanding and knowledge, provided all such use is for non-commercial and personal purposes. No permission is given nor are any rights granted to the PPS Materials for any commercial purposes. Unauthorized use, reproduction, copying, posting, reposting, publishing, modification, display, performance and/or distribution of the PPS Materials is a violation of PPS’s copyrights. The use of any Material owned by an Associated Entity (“Associated Entity Material”) for commercial purposes is expressly prohibited and may be a violation of that entity’s copyright(s). Except for any limited permission as expressly stated and provided herein, nothing contained or stated herein, or within the Site shall be construed, interpreted or read as granting any right or license to anyone to, and/or under, any patent, trademark, copyright, publicity right or other intellectual property right of PPS and/or any Associated Entity.

The User of this Site agrees not to remove, edit or otherwise alter any copyright or other proprietary rights notice contained in or on the Site. 

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: service@ppsusa.net

In the event that any material contained on this Site is alleged to infringe a third-party copyright, notification of such allegation should be made directly to PPS in accordance with the procedure set forth below. PPS will process any notices of alleged infringement and take appropriate action as required by the Digital Millennium Copyright Act (DMCA), as well as by all applicable intellectual property laws. As set forth by the DMCA, any notice of alleged copyright infringement is to be sent to PPS’s agent:

Legal Department, Pacific Power Solutions, LLC, 3843 S. Bristol St., Suite 124, Santa Ana, CA 92704

According to 17 U.S.C. § 512(c)(3), to be effective a notification of claimed infringement must be a written communication provided to the above agent that includes substantially the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Trademarks

To the extent that Site contains, shows or otherwise presents the trademarks, trade dress, trade names, logos, symbols and/or service marks (collectively “Trademarks”) of PPS, an Associated Entity, and/or others, whether such Trademarks are registered or unregistered, nothing within this Site or these Terms of Use shall be construed, interpreted or read as granting any right or license to anyone under, or to, any such Trademarks. Unauthorized use of the Trademarks by the User of this Site or any third party is strictly prohibited. PPS shall enforce all of its intellectual property rights, including but not limited to rights in its Trademarks, to the fullest extent permitted by law. PPS shall, to the fullest extent available under the law, seek civil and criminal actions against anyone infringing, misusing, copying and/or misappropriating PPS’s Trademarks.

Pacific Power Solutions, LLC, PPS and the PPS logo are all trademarks of Pacific Power Solutions, LLC. Any and all third party trademarks are the property of their respective owners.

The User of this Site agrees not to remove, edit or otherwise alter any trademark, service mark or other proprietary rights notice contained in or on the Site.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

All information and/or data, including but not limited to pricing, terms, conditions, schedules, descriptions, specifications, images, product and service information and the like, set forth on this Site are subject to change without prior notice. All sales, lease and service commitments for products and services by PPS are subject to the written terms and conditions of the applicable sales, lease, service or other agreement.

This Site may contain information regarding products, services and/or promotions of PPS, and/or its Associated Entities. All the specifications, descriptions and images related to such products, services and/or promotions are based on the relevant information available at the time of posting and may be subject to change without notice. Some products, services and/or promotions shown or described may include optional, limited availability, prototype, pre-production, custom, special order, under development, not commercially available or discontinued equipment or services, and production products, services and promotions may vary. PPS and Associated Entities reserve the right to make changes at any time, without notice, to any and all information related to products, services, and/or promotions, and to the products, services, and/or promotions themselves, set forth on this Site. PPS and Associated Entities reserve the right to introduce or discontinue at any time, without notice, any and all products, services, and/or promotions. Specifications, availability and delivery time of products, services and promotions may vary, including variations by geographic location and local requirements.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.

Send e-mails or other communications with certain content, or links to certain content, on this Website.

Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features as they are provided by us solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.

Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

Link to any part of the Website other than the homepage.

Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the Terms of Use for such websites.

User Actions and Provided Materials

The User is prohibited from, and agrees not to, submit, send, post, provide, transmit, upload to, and/or display, present, perform on, this Site any materials that are in any manner inappropriate, obscene, lewd, offensive, threatening, unlawful, libelous, slanderous, defamatory, fraudulent, obscene, inflammatory, pornographic and/or profane. The User is prohibited from, and agrees not to, engage in any activity related to the use of this Site that constitutes, may constitute, results in, may result in, supports, aides or in any way encourages or facilitates any criminal offense, unlawful action and/or any civil cause of action. The User agrees to fully indemnify, hold harmless and defend PPS and every Associated Entity and their respective directors, officers, board members, shareholders, managers, employees, contractors, agents and the like from any and all causes of action arising from any of the User’s actions or inactions related to the User’s use of this Site. PPS and each Associated Entity assumes no responsibility or liability that may arise from any unlawful content of the User’s submissions, postings, transmissions, uploads or the like, the entirety of any such liability rests solely and completely with the User.

While PPS and its Associated Entities may solicit User responses to questions or requests set forth on this Site, as well as User comments or feedback on our products or services, please do not submit any ideas, concepts, know-how, inventions, methods, processes, techniques or unsolicited information or data. However, in the event that any submission is made, the User agrees that PPS and/or any Associated Entity is/are free to use and fully disclose, in any manner and for any purpose whatsoever (including, but not limited to, advertisement, marketing, licensing, manufacturing, product and/or service development, and giving or selling to third parties), any and all ideas, concepts, know-how, inventions, information, data, methods, processes, descriptions, techniques, drawings, charts, images, video, audio, statements, testimonials, suggestions, communications, or the like, that the User submits, sends, posts, provides, transmits, uploads to, and/or displays, presents, performs on, this Site (collectively ‘User Provided Material’). The User agrees to grant to PPS and any and all Associated Entities a paid-up, royalty-free, world-wide, non-exclusive, perpetual license, with sub-license rights, to any and all intellectual property rights of the User Provided Material. Any and all User Provided Material will be non-confidential and PPS and/or its Associated Entities shall not be liable for any disclosure thereof. User warrants that it has all right, power, permission and/or authority to grant the herein license(s) to the User Provided Material. The User agrees to fully indemnify, hold harmless and defend PPS and every Associated Entity and their respective directors, officers, board members, shareholders, managers, employees, contractors, agents and the like from any and all causes of action arising from PPS’s or an Associated Entities’ use of the User Provided Material. PPS and each Associated Entity assumes no responsibility or liability that may arise from use of the User Provided Material.

The User agrees to provide PPS and any Associated Entity with legitimate, accurate, correct, factual and complete information and/or data in response to any questions or requests set forth on this Site. The User agrees to request information from PPS or any Associated Entity only for legitimate purposes and shall not be done for any purposes that are in any way inappropriate or unlawful.

The User agrees not to: (1) use any site search/retrieval application (or other such devices) to retrieve or index any portion of this Site; (2) collect any information about other Users (including usernames and/or email addresses) for any purpose; (3) create fake or automated user accounts; (4) send unsolicited communications (i.e., “spam”); (5) transmit or upload any virus, worm, Trojan horse, software bomb or other item designed to damage or degrade the Site, or any computer or system operating or related to the Site; (6) violate the security of or gain unauthorized access to the Site or any computer or system operating or related to the Site; and/or (7) impose an unreasonable or disproportionately large processing load on the Site.

Your Comments and Concerns

This website is operated by Pacific Power Solutions, LLC, 3843 S. Bristol St., Suite 124, Santa Ana, CA 92704.

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: service@ppsusa.net

Thank you for visiting the Website.