Terms of Use - Prolec Energy

Site Access and Use Policy

Notice of Legal Restrictions on Use of this WebSite

PROLEC ENERGY (Prolec, S.A. de C.V., Prolec-GE Internacional, S. de R.L. de C.V., Prolec-GE Waukesha, Inc., Prolec GE USA, LLC, Prolec, LLC, Prolec GE Transmissao de Energía, S.A.)

PLEASE READ THE FOLLOWING LEGAL INFORMATION BEFORE USING THIS SITE:

Thank you for visiting the Prolec Energy Website (the “Site”). The following access and use terms, together with any documents they expressly incorporate by reference (collectively, the “Site Access Terms” or “SATS”) govern your access to and use of the Site, including any content, functionality, and services offered on or through the Site.

Included below as part of the SATS is an identification of Prolec Energy’s agent for receipt of notice regarding copyright claims and other communications regarding the Site.

Compliance with and acceptance of the SATS are required for you to have access to and use of the Site. Please read the SATS very carefully. BY CHOOSING TO ACCESS AND USE THIS SITE, YOU ARE EXPRESSLY AGREEING TO BE BOUND BY THESE SATS AND THE PROLEC ENERGY’S PRIVACY STATEMENT, FOUND AT https://www.prolec.energy/privacy-policy/ AND INCORPORATED HEREIN. If you do not agree with or do not accept any of the SATS, please immediately exit the Site and refrain from further access.

Thank you for your understanding. Prolec Energy hopes that you enjoy the Site and find it useful. Please keep in mind that information provided on this Site and via linked sites is not for the purposes of seeking or encouraging investment unless specifically designated as such.

1. Limited Terminable Liscense

As described below, your compliance with the SATS provides a limited, terminable license regarding access to and use of the Site Contents. “Site Contents” or “Contents” means images, text, information, sounds, interactive features, links, and other features of the Site. “Site Code” means all underlying elements of the Site, including, without limitation, source code, object code, and other sets of statements or instructions that relate to the operation or functions of the Site. You are responsible for ensuring that other parties that have access to the Site or Site Contents through your system or with your permission agree to the SATS.

You may use the Site only for lawful, permitted purposes and in accordance with these SATS. You agree not to use the Site or any component thereof:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the standards identified in Section 3 of these SATS;
To transmit, or procure the sending of, any advertising or promotional material without Prolec Energy’s prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
To promote, resell, or otherwise distribute your or your company’s products or services (except to the extent you or your company have a separate written agreement with Prolec Energy expressly permitting such activity);
To impersonate or attempt to impersonate Prolec Energy, any Prolec Energy employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); and/or
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Prolec Energy, may harm Prolec Energy or users of the Site or expose them to liability.

Additionally, you agree not to:

Alter any Site Content in any manner or use it in a manner specifically prohibited by these SATS or by the instructions in the Site;
Place any Site Contents on a network or use any Site Contents to advertise or otherwise promote any products or services not provided by Prolec Energy without the express written permission of Prolec Energy;
Frame, link, associate with advertisements (e.g., pop-ups), or commercially exploit the Site, the Site Contents, or the Site Code without the express written permission of Prolec Energy;
Copy, distribute, reverse engineer, decompile, disassemble, modify, disclose, or otherwise use any Site Code without the express written permission of Prolec Energy;
Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including another party’s ability to engage in real-time activities through the Site;
Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without Prolec Energy’s prior written consent;
Use any device, software, or routine that interferes with the proper working of the Site;
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; and/or
Otherwise attempt to interfere with the proper working of the Site.

Prolec Energy may, solely in its own discretion and without advance notice, revoke your limited license regarding all of the Site Contents or with respect to specific images, texts, other Site features, or Site Code. If requested by Prolec Energy, you agree to cease using and/or destroy any copies of the subject Contents.

2. Ownership of Trademarks, Copyrights, and Other Proprietary Rights

All trademarks, service marks, certification marks, trade names, trade dress, copyrights, patent rights, and other proprietary rights in or associated with the Site, the Site Contents, and the Site Code are the properties of Prolec Energy or its owner(s), affiliated entities, or licensors. Nothing in these SATS or any Site Contents shall convey an ownership interest or a non-terminable license in any trademarks, service marks, trade names, trade dress, copyrights, patent rights, or other proprietary rights in or associated with the Site, the Site Contents, or the Site Code.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on this Site, including the Site Contents and Site Code, except as follows:

Your computer may temporarily store copies of Site Contents in RAM incidental to your accessing and viewing those Site Contents;
You may store files that are automatically cached by your Web browser for display enhancement purposes;
You may print or download one copy of a reasonable number of pages of the Site for non-commercial use and not for further reproduction, publication, or distribution. However, you agree to place the following notation on your copy: “© Prolec Energy All Rights Reserved. See Prolec Energy Website for Access and Use Terms and additional information and conditions of use.”; and
If Prolec Energy provides social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any Site Contents;
Use any illustrations, photographs, video, or audio sequences or any graphics separately from the accompanying text;
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Site Contents; and/or
Access or use for any commercial purposes any part of the Site or any Site Contents without Prolec Energy’s prior written consent.

3. Submissions, Public Communications, and Forums; User Grant of License

Prolec Energy is pleased to hear from its customers and Site users. As a convenience to visitors of the Site, Prolec Energy may provide from time to time, at its sole discretion, one or more chat areas, blog areas, message boards, e-mail functions, contact information, polls, surveys, and other features (collectively, “Visitor Features”) that allow visitors to the Site to post, submit, publish, display, or transmit to Prolec Energy, other users, or other persons (hereinafter, “post”) content or materials (collectively, “Visitor Contributions”) on or through the Site. Users of Visitor Features are bound by and must comply with the SATS, and all Visitor Contributions must comply with the content standards set out in these SATS.

Without limiting the foregoing, Visitor Contributions must not:

Contain any material that is damaging, disruptive, obscene, unlawful, inaccurate, defamatory, illegal, or otherwise objectionable;
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these SATS and the Prolec Energy’s Privacy Statement;
Be likely to deceive any person;
Promote any illegal activity, or advocate, promote, or assist any unlawful act;
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; and/or
Give the impression that they emanate from or are endorsed by Prolec Energy or any other person or entity, if this is not the case.

Prolec Energy may, in its sole discretion and without advance notice, discontinue provision of any Visitor Features to any or all Site visitors and, in its sole discretion, remove any Visitor Contributions.

If you elect to provide Visitor Contributions, you hereby grant and agree to grant Prolec Energy and its affiliates and service providers, and each of their and Prolec Energy’s respective licensees, successors, and assigns, a paid-up, perpetual, irrevocable, royalty-free, non-exclusive, transferable, sub-licensable, worldwide license to consider, retain, copy, use, publish, modify, create derivative works of, import, export, make, have made, disclose, and otherwise exploit the expression, concepts, information, and intellectual property in the Visitor Contributions, all at Prolec Energy’s sole discretion. Any or all of these license rights can be assigned and sublicensed by Prolec Energy’s, and they apply to all manner of copying, display, distribution, transmission, storage, recording, or other media or means of exploitation now known or hereafter conceived.

You represent and warrant that:

You own or control all rights in and to your Visitor Contributions and have the right to grant the license granted above to Prolec Energy and its affiliates and service providers, and each of their and Prolec Energy’s respective licensees, successors, and assigns;
All your Visitor Contributions do and will comply with these SATS.

You understand and acknowledge that you are responsible for any Visitor Contributions you post and you, not Prolec Energy, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Prolec Energy is not responsible, or liable, to any third party for the content or accuracy of any Visitor Contributions posted by you or any other user of the Site.

Prolec Energy may, in its sole discretion, determine that the Visitor Contribution and its contents should be kept confidential. Due to legal requirements, Prolec Energy cannot provide compensation for, agree to consider, or agree in advance to keep confidential any Visitor Contributions or other postings containing creative ideas, disclosures of inventions, other disclosures of potentially useful information, or submissions of any other content. Without limiting the foregoing, Prolec Energy has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Prolec Energy to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS Prolec GE Waukesha AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise is governed by Prolec Energy’s Privacy Statement, and you consent to all actions Prolec Energy takes with respect to your information consistent with Prolec Energy’s Privacy Statement.

If you choose, or are provided with, a user name, password, or any other piece of information as part of Prolec Energy’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify Prolec GE Waukesha immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Prolec Energy has the right to disable any username, password, or other identifier, whether chosen by you or provided by Prolec Energy, at any time in Prolec Energy’s sole discretion for any or no reason, including if, in Prolec Energy’s opinion, you have violated any provision of these SATS.

If any applicable law, judicial decision, or regulatory requirement restricts or limits the provisions of this Section 3, Prolec Energy’s liability, if any, will be limited in accordance with THE LIMITATION OF LIABILITY terms in Section 6 of these SATS.

4. Reliance on Information Contained or Posted on This Site

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

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

5. Links

Unless expressly stated otherwise by Prolec Energy, Prolec Energy does not necessarily control sites that may be linked to or from the Site. Prolec Energy cannot monitor or otherwise evaluate such sites, and Prolec Energy is not responsible for any of their contents, features, codes, underlying materials, terms of access, or Privacy Policies. Even if you are linked to a web page other than the front page of the linked site, you are responsible for checking that site’s terms and conditions of access and use, as well as the site’s Privacy Policies. Materials on other sites may be subject to proprietary rights and other restrictions. LINKS ARE PROVIDED FOR YOUR CONVENIENCE ONLY, AND THEIR USE IS AT YOUR SOLE DISCRETION AND RISK.

All links to this Site or any of its pages require the prior express written consent of Prolec Energy, except that Prolec Energy consents to external links in circumstances in which all of the following are present: (a) the link is text-only and contains only the name “Prolec Energy”; (b) the link directs the Internet browser to the main page of the Site and not to other website pages within this Site; (c) the link, when in use with any browser, displays the entire Site full screen without frames and does not utilize banner advertisement or pop-up advertisements or otherwise obscure, hide, modify, or minimize any page contained in the Site; (d) the appearance, display, or formatting of any page on the Site is not juxtaposed, associated with, positioned with, or otherwise related to any other activity, product, entity, or person such as to create a false impression that Prolec Energy has a relationship with any such activity, individual, entity, or product or that Prolec Energy endorses, sponsors, or is associated with such activity, individual, entity, or product when it is not; and (e) does not damage, disparage, or deplete the goodwill associated with any trade name, trademark, or service mark belonging to or associated with Prolec Energy. At any time and for any reason, Prolec Energy, in its sole discretion and without any liability to you, may revoke this consent to link to the Site.

6. Warranty Disclaimers, Investment Information, Damage Limitation, Indemnification

THE SITE, OPERATION OF THE SITE CODE, SITE CONTENTS (INCLUDING WITHOUT LIMITATION LINKED SITE CONTENTS), AS WELL AS THE OPERATION OF AND EFFECTS OF ACCESS TO THIS SITE AND LINKED SITES, ARE PROVIDED “AS IS.” PROLEC ENERGY AND ITS PREDECESSORS, OWNERS, DIRECTORS, OFFICERS, PERSONNEL, LICENSORS, SUPPLIERS, AGENTS, AND CONTRACTORS SPECIFICALLY DISCLAIM ANY AND ALL STATUTORY, EXPRESS, OR IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION WARRANTIES OF: (1) SUITABILITY FOR ANY PARTICULAR PURPOSE; (2) MERCHANTABILITY; (3) COMPLETENESS; (4) ACCURACY; (5) NON-INFRINGEMENT; AND (6) FREEDOM FROM TECHNICAL ERRORS OR UNAUTHORIZED, INJURIOUS INTRUSIONS OR ITEMS, SUCH AS HACKING, VIRUSES, AND OTHER HARMFUL COMPONENTS.

IRRESPECTIVE OF WHETHER A CLAIM IS BASED UPON CONTRACT, NEGLIGENCE, TORT, OR OTHER PRINCIPLES, AND IRRESPECTIVE OF WHETHER THEY HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, PROLEC ENERGY AND ITS PREDECESSORS, OWNERS, DIRECTORS, OFFICERS, PERSONNEL, LICENSORS, SUPPLIERS, AGENTS, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOST PROFITS OR OPPORTUNITIES, OR DAMAGES FOR BUSINESS DISRUPTION OR LOSS OF INFORMATION.

TERMS REGARDING THE DEMONSTRATION, TESTING, SALE, TRANSFER, LICENSE, OR USE OF PROLEC ENERGY’S PRODUCTS AND SERVICES MAY CONTAIN ADDITIONAL PROVISIONS AND DISCLAIMERS.

PLEASE NOTE THAT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES. THEREFORE, SOME OF THE ABOVE TERMS MAY BE INAPPLICABLE TO PARTICULAR CIRCUMSTANCES.

You agree to indemnify, defend, and hold harmless Prolec Energy and its predecessors, owners, directors, officers, personnel, suppliers, agents, and contractors from any and all claims and causes of actions arising from or related to any violation of the SATS by you or by others that gain access to the Site through your system or to whom you have provided access to Site Contents. Prolec Energy reserves the option, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Prolec Energy in asserting any available defenses. You shall be responsible for any damages or fines assessed due to violation of the SATS by you or others that gain access to the Site through your system or to whom you have provided access to Site Contents.

7. Products and Services

Products and services offered through this Site may be subject to Prolec Energy’s license terms and terms of use or sale, which are hereby incorporated into these SATS. Additional terms and conditions may also apply to specific portions, services, or features of the Site, and all such additional terms and conditions are hereby incorporated by this reference into these SATS. You agree that the provision and acceptance of any such product or service shall be subject to any additional or distinct terms supplied by Prolec Energy or the third party supplier(s) of the product(s) or service(s).

8. Changes to Site or Terms of Access and Use

Prolec Energy reserves the right, at its sole discretion, without advance notice, to change, modify, add, or remove all or any portion of the Site or the SATS. Changes to the SATS shall be immediately effective when posted. You agree to review the SATS periodically to be aware of any changes. Your access to and continued use of the Site after the changes are posted shall constitute acceptance of those changes. Also, events may occur that result in disruption or discontinuation of access to the Site, removal of specific Site Contents, or corruption of Site Code. Therefore, Prolec Energy reserves the right, without liability, to: (1) discontinue provision of access to the Site to any and all users without notice; and (2) remove or modify any Site Content.

9. Changes in Site of Rights of Ownership

You agree that these SATS and Prolec Energy’s interests, rights, and obligations hereunder, can be transferred by Prolec Energy to a subsequent owner of an interest in this Site or any of the Site Contents.

10. Access From Outside of the United States and Export Control Matter

By providing personal information and other information through use of the Site, all users, including, without limitation, users, fully understand and consent to the collection and processing of such information in the United States of America, Mexico and/or Brazil. This Site is operated from a location in the State of Wisconsin, USA. Prolec Energy makes no representation that the Site, the Site Contents, links, or the Site Code are appropriate for use in countries other than the United States. All users are responsible for compliance with applicable laws.

Software, information, and technology provided for downloading or otherwise obtained via this Site may be subject to U.S. export controls, such as the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (“EAR”, 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Site Contents, Site Code, or any other items or information gained via this Site to any country, or to any person, entity, or end-user subject to U.S. export controls, including, without limitation, persons or entities listed on the US Department of Commerce Bureau of Export Administration’s Denied Parties List and the US Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no US federal agency has suspended, revoked, or denied your export privileges.

11. Communications Regarding Copyright and Other Matters

If you believe that any Site Code or Site Contents in a linked site or in this Site, including, without limitation, Visitor Contributions, infringes a copyright or other proprietary right or is otherwise injurious, please forward the following information to Prolec Energy’s Copyright & Notice Agent at the address specified below:

Your name, address, telephone number, email address, and other pertinent contact information;
A description of the right that you believe is infringed or the injury that you believe is being caused;
A detailed description of where the allegedly infringing or injurious content or code is located;
A statement by you, with respect to the right or injury, that you have a good-faith belief that the objectionable use is not authorized by either the owner of the asserted right, an agent of the owner, or by operation of law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the asserted right and/or an electronic or physical signature of the person(s) who claims injury;
A statement by you, made under penalty of perjury, that the above information in your notice is correct and that you are the owner of the asserted right, or are authorized to act on behalf of the owner, or are an injured party; and
Any other information required for specific notice of the claim and allegedly infringing or injurious item.

Prolec Energy’s copyright Agent and recipient for other communications regarding the Site is:

Prolec Energy seeks to preserve all rights and exemptions from liability available under law, including, without limitation, copyright law, but Prolec Energy does not stipulate that it is a “service provider” for all purposes.

12. Jurisdiction, Dispute Resolution, Interpretation, Severability, and Merger

These SATS, and all disputes arising from or related to them, their interpretation, or their subject matters (including but not limited to Site Contents) shall be governed by, resolved, and remedied in accordance with the laws of the State of Wisconsin, USA, laws of Mexico and Brazil. (without resort to conflict of law principles) as it applies to agreements entered into and to be performed entirely within such State and to acts or omissions occurring wholly within the State. Any claims arising from or related to the SATS or their subject matters shall be brought and resolved only in the appropriate state or federal courts located in Wisconsin, and you expressly consent to the jurisdiction and exclusive venue of said courts. However, Prolec Energy, at its sole discretion, can also institute or convert any action (no matter which party initiates it) to an arbitration under the applicable rules of the American Arbitration Association, said arbitration to: (1) apply the choice of law specified above; and (2) take place in Waukesha, Wisconsin, Monterrey, Mexico, Porto Alegre, Brazil, depending on the location of the dispute.

If otherwise applicable hereto, the Uniform Computer Information Transactions Act (as adopted by any state) and the United Nations Convention for the International Sale of Goods are hereby agreed not to be applicable to these SATS and their subject matters. In addition, all disclaimable or waivable local and international provisions related to choice of law or dispute resolution are waived or disclaimed by you in favor of the above choice of the applicable law, jurisdiction, and forums for dispute resolution.

You agree and represent that you have carefully considered the SATS and that ambiguities, if any, shall not be enforced against the drafter but shall be fairly read so as not to prejudice the rights of Prolec Energy. The section headings in these SATS are for convenience only and do not limit or otherwise affect the interpretation of any of the terms in the SATS.

If any provision(s) of the SATS are deemed unenforceable in a determination by a body with proper jurisdiction, the parties agree (without waiving rights of appeal) that the unenforceable provision(s) shall be: (1) reconstituted to approximate as closely as lawfully possible the evident intent of the original provision(s); or (2) if option (1) above cannot be implemented, the unenforceable provision(s) shall be excised from the SATS and the parties shall negotiate in good faith with respect to their modification. If the parties cannot agree to a modification, the SATS shall be enforced, without the unenforceable provision, in a fair manner that most closely approximates the evident intent or understanding of the parties.

These SATS comprise the entire agreement between the parties relating to the matters contained herein and shall not be modified except in a writing supplied by Prolec GE Waukesha, such as modified SATS.