Please Read Carefully Before Using This Website:
Power Surveying maintains this site for information and communication purposes. This webpage
A. TERMS APPLICABLE TO ALL USERS
YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR
For users who are not registered with this Website, your use of the Website will be deemed to be
the Website shall be subject to (i) certain designated terms (see Section B below) in addition to those
terms applicable to all users
MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.
2. Changes To Terms
Power Surveying may, at any time, for any reason and without notice, make changes to (i) this
Website, including its look, feel, format, and content, as well as (ii) the products and/or services
as described in this Website. Any modifications will take effect when posted to the Website.
access and use of this Website is conditioned. By your continuing use of the Website after
changes are posted, you will be deemed to have accepted such changes.
The Website is directed to those individuals and entities located in the United States. It is not
directed to any person or entity in any jurisdiction where (by reason of nationality, residence,
citizenship or otherwise) the publication or availability of the Website and its content, including
its products and services, are unavailable or otherwise contrary to local laws or regulations. If
this applies to you, you are not authorized to access or use any of the information on this
Website. Power Surveying makes no representation that the information, opinions, advice or
other content on the Website (collectively, “Content”) is appropriate or that its products and
from other locations do so at their own risk and are responsible for compliance with applicable
4. Scope of Use and User E-Mail
You are only authorized to view, use, copy for your records and download small portions of the
Content (including without limitation text, graphics, software, audio and video files and photos)
of this Website for your informational, non-commercial use, provided that you leave all the
copyright notices, including copyright management information, or other proprietary notices
intact. You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant
portion of the Content on this Website, or the design or layout of the Website or individual
sections of it, in any form or media. The systematic retrieval of data from the Website is also
E-mail submissions over the Internet may not be secure and are subject to the risk of interception
by third parties. Please consider this fact before e-mailing any information. Also, please consult
materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii)
contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate
copyrighted or other proprietary material of any third party without that party’s permission or (iv)
otherwise violate any applicable laws. Power Surveying shall not be subject to any obligations
of confidentiality regarding any information or materials that you submit online except as
specific products or services, or as otherwise specifically agreed or required by law.
The commercial use, reproduction, transmission or distribution of any information, software or
other material available through the Website without the prior written consent of Power Surveying is
5. Copyrights and Trademarks
The materials at this Site, as well as the organization and layout of this site, are copyrighted and
are protected by United States and international copyright laws and treaty provisions. You may
access, download and print materials on this Website solely for your personal and noncommercial
use; however, any print out of this Site, or portions of the Site, must include
Power Surveying’s copyright notice. No right, title or interest in any of the materials contained
on this Site is transferred to you as a result of accessing, downloading or printing such materials.
You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of
this Site; create derivative works from, link to or frame in another website, use on any other
website, transfer or sell any information obtained from this Site without the prior written
Except as expressly provided under the “Scope of Use” Section above, you may not use,
reproduce, modify, transmit, distribute, or publicly display or operate this Website without the
prior written permission of Power Surveying. You may not use a part of this Website on any
other Website, without Power Surveying’s prior written consent.
Power Surveying respects the intellectual property rights of others and expects our Users/ users
to do the same. The policy of Power Surveying is to terminate the accounts of repeat copyright
offenders and other users who infringe upon the intellectual property rights of others. If you
believe that your work has been copied in a way that constitutes copyright infringement, please
contact us on our website.
For your convenience, we may provide links to various other Websites that may be of interest to
you and for your convenience only. However, Power Surveying does not control or endorse
such Websites and is not responsible for their content nor is it responsible for the accuracy or
reliability of any information, data, opinions, advice, or statements contained within such
website and the products and services Power Surveying offers. If you decide to access any of the third
party sites linked to this Website, you do so at your own risk. Power Surveying reserves the right to
terminate any link or linking program at any time. Power Surveying disclaims all warranties, express and
implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained
on such sites. You may not link to this Website without Power Surveying’s written permission. If you are
interested in linking to this Website, please contact us on our website.
7. No Unlawful Or Prohibited Use
As a condition of your use of the Website, you warrant to Power Surveying that you will not
use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the Website in any manner that could damage, disable, overburden, or
impair the Site or interfere with any other party’s use and enjoyment of the Website. You may
not obtain or attempt to obtain any materials or information through any means not intentionally
made available or provided for through the Site.
Gathering email addresses from Power Surveying through harvesting or automated means is
prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional
materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a
commercial relationship with Power Surveying should be directed to: support@PowerSurveying.com
9. No Warranties
THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS
AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS,
STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NONINFRINGEMENT,
ALL OF WHICH Power Surveying EXPRESSLY DISCLAIMS.
Power Surveying DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE
ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT,
AND Power Surveying WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR
ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE
HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. Power Surveying
MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT
WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY
RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING
THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE
THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS
FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY
DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS
AND SERVICES OFFERED BY Power Surveying. SOME STATES DO NOT ALLOW THE
DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY
NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY
FROM JURISDICTION TO JURISDICTION.
10. Governing Law, Location and Miscellaneous
Minnesota USA, without reference to its choice of law rules. If an applicable law is in
conform to the law. The other provisions will not be affected by any such modification.
11. Separate Agreements
You may have other agreements with Power Surveying. Those agreements are separate and in
any other agreements you may have with Power Surveying.
12. DMCA Copyright Policy and Copyright Agent
Power Surveying respects the intellectual property rights of others. If you believe something
on this Site has infringed your intellectual property rights, please notify our agent and provide
the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of
(ii) Identification of the copyrighted work claimed to have been infringed.
(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.
(iv) Address, telephone number, and, if available, an electronic mail address where we may
(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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly
13. U.S. Resident
You represent that you are a United States resident.
14. No Professional Advice
The information available on the Website is intended to be a general information resource
regarding the matters covered, and is not tailored to your specific circumstance. You should not
construe this as legal, accounting or other professional advice. This Website is not intended for
use by minors.
YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN
CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER
ADVISOR, AS APPROPRIATE.
15. Users Disputes
You are solely responsible for your interactions with other Users. Power Surveying reserves the
right, but has no obligation, to monitor disputes between you and other Users.
16. User Submissions And Communications; Public Areas:
You acknowledge that you own, solely responsible or otherwise control all of the rights to the
content that you post; that the content is accurate; that use of the content you supply does not
indemnify Power Surveying or its affiliates for all claims resulting from content you supply.
If you make any submission to an area of the Website accessed or accessible by the public
(“Public Area”) or if you submit any business information, idea, concept or invention to
Power Surveying by email, you automatically represent and warrant that the owner of such
content or intellectual property has expressly granted Power Surveying a royalty-free,
perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative
works from, modify, publish, edit, translate, distribute, perform, and display the communication
or content in any media or medium, or any form, format, or forum now known or hereafter
developed. Power Surveying may sublicense its rights through multiple tiers of sublicenses. If
you wish to keep any business information, ideas, concepts or inventions private or proprietary,
you must not submit them to the Public Areas or to Power Surveying by email. We try to
answer every email in a timely manner, but are not always able to do so.
Some of the forums (individual bulletin boards and posts on the social network, for instance) on
the Website are not moderated or reviewed. Accordingly, Users will be held directly and solely
responsible for the content of messages that are posted. While not moderating the forums, the
Site reviewer will periodically perform an administrative review for the purpose of deleting
messages that are old, have received few responses, are off topic or irrelevant, serve as
advertisements or seem otherwise inappropriate. Power Surveying has full discretion to delete
messages. Users are encouraged to read the specific forum rules displayed in each discussion
forum first before participating in that forum.
Power Surveying reserves the right (but is not obligated) to do any or all of the following:
(a) Record the dialogue in public chat rooms.
(b) Examine an allegation that a communication(s) do(es) not conform to the
terms of this section and determine in its sole discretion to remove or request the
removal of the communication(s).
(c) Remove communications that are abusive, illegal, or disruptive, or that
(d) Terminate a Member’s access to any or all Public Areas and/or the
(e) Monitor, edit, or disclose any communication in the Public Areas.
(f) Edit or delete any communication(s) posted on the Power Surveying
Site, regardless of whether such communication(s) violate these standards.
Power Surveying reserves the right to take any action it deems necessary to protect the personal
safety of our guests or the public. Power Surveying has no liability or responsibility to users of
the Power Surveying Website or any other person or entity for performance or nonperformance
of the aforementioned activities.
Except as regarding any action seeking equitable relief, including without limitation for the
purpose of protecting any Power Surveying confidential information and/or intellectual
Website shall be settled by binding arbitration in accordance with the commercial arbitration
rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any
such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated
in any arbitration with any claim or controversy of any other party. The arbitration shall be held
in ___MN______, [Mention State] USA.
All information relating to or disclosed by any party in connection with the arbitration of any
disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as
proprietary business information. Such information shall not be disclosed by any party or their
respective representatives without the prior written authorization of the party furnishing such
information. Such information shall not be disclosed by the arbitrator without the prior written
authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in
connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having
jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any
award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby
waive all rights to judicial review of the arbitrator’s decision and any award contained therein.
18. Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. Power Surveying
SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR
RELIANCE ON THE CONTENT (EVEN IF Power Surveying HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH
MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION
TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION
OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF
RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS
CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR
IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE,
THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR
THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN
CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY Power Surveying SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SOTHIS LIMITATION MAY NOT APPLY TO
You agree to defend, indemnify, and hold Power Surveying, its officers, directors, employees,
agents, licensors, and suppliers, harmless from and against any claims, actions or demands,
liabilities and settlements including without limitation, reasonable legal and accounting fees,
B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS
20. Accounts And Security
Power Surveying does not warrant that the functions contained in the service provided by the
Website will be uninterrupted or error-free, that defects will be corrected or that this service or
the server that makes it available will be free of viruses or other harmful components.
As part of the registration process, each user will select a password (“Password”) and Login
Name (“Login Name”). You shall provide Power Surveying with accurate, complete, and
which may result in immediate termination of your Account.
You may not:
(a) select or use a Login Name of another person with the intent to impersonate that
(b) use a name subject to the rights of any other person without authorization;
(c) use a Login Name that Website, in its sole discretion, deems inappropriate or
You shall notify Power Surveying of any known or suspected unauthorized use(s) of your
Account, or any known or suspected breach of security, including loss, theft, or unauthorized
disclosure of your password. You shall be responsible for maintaining the confidentiality of
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your
Account, at Power Surveying’s sole discretion, and you may be reported to appropriate law enforcement
please contact us on our website