These Terms and Conditions of Use for PD Electric Inc.’s (hereinafter, “PDE”) website, www.pdelectric.net (hereinafter, the “Website”), is offered to you and condition upon your acceptance without modification of the terms, conditions, and notices outlined herein (hereinafter, “Terms”). By submitting online requests, using PDE’s services, and/or checking the box agreeing to these Terms (or by clicking the “I Agree” button), you are agreeing to comply with and be bound by the following Terms. Please read these terms carefully and keep a copy of them for your reference.
Your use of this website and services provided by PDE is also subject to PDE's External Privacy Policy, which is incorporated by reference as if fully set forth herein.
Who Owns This Website? This website is owned by the PDE for the purpose of providing customers will electrical services, (hereinafter, the “Services”).
Who may use the Website? You may use services of this website if you are a person that has reached the age of majority, can form a binding contract with PDE, and are not a person barred in California or the United States of America or other applicable jurisdiction, from doing business or receiving services in California. If you are accepting these Terms on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
Availability of the Website. This website may be unavailable from time to time due to routine maintenance requirements. PDE does not guarantee specific hours of availability.
Your Use Obligations. You are responsible for all activities undertaken by you using any services provided by PDE. All such activities are at your own risk. You shall not use, nor permit others to use, this website or any PDE services provided through this Website, in a manner or for a purpose contrary to these Terms. If using a customer account or login, you are responsible for all activities that occur under your password or account, and will keep your password(s) confidential. You will immediately notify PDE of any unauthorized use of your password or account or any other breach of security. You will not disrupt the functioning of the website, solicit another user’s password, or otherwise act in a way that interferes with other users’ use of the Website. You will not post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information.
Prohibited Uses. The user of PDE's Website is prohibited from using the Website in any way to:
Right to Change the Website and Services Provided. PDE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any services provided through this Website (or any part thereof) with or without notice. PDE may also discontinue, edit, delete or change any aspect of the Website, including, but not limited to: (i) restricting availability times; (ii) restricting compatibility with certain computer software or hardware; (iii) restricting amounts of use permitted; and (iv) restricting, suspending, or terminating any user's right to use the Website, at PDE 's sole discretion and without prior notice or liability. You agree that PDE shall not be liable to you or to any third party for any modification, suspension, or discontinuance of such services.
Intellectual Property Rights. The content organization, graphics, design, computer code, compilation, and other materials on or related to the Website are protected under applicable copyright, trademark, and other proprietary and intellectual property rights of their respective owners. The data that is published on or collected via our Website related to filings is public information. There is no restriction placed on the use of such filing data by PDE, although certain information and names contained in the data may be owned by third parties and may be protected under applicable copyright, trademark, and other proprietary and intellectual property rights of those third parties. Other product and company names mentioned on the Website may be trademarks/service marks of their respective owners. You do not acquire ownership rights to any content, document, or other materials viewed or created through the Website or obtained from the Website.
Limitation of Liability. PDE attempts to maintain the highest accuracy of content on its Website. Any errors or omissions should be reported for investigation. PDE makes no claims, promises, or guarantees about the absolute accuracy, completeness, or adequacy of the contents of this Website and expressly disclaims liability for errors and omissions in the contents of this website.
NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN WITH RESPECT TO THE CONTENTS OF THIS WEBSITE OR ITS HYPERLINKS TO OTHER INTERNET RESOURCES. REFERENCE IN THIS WEBSITE TO ANY SPECIFIC COMMERCIAL PRODUCTS, PROCESSES, OR SERVICES, OR THE USE OF ANY TRADE, FIRM, OR CORPORATION NAME IS FOR THE INFORMATION AND CONVENIENCE OF THE PUBLIC, AND DOES NOT CONSTITUTE ENDORSEMENT, RECOMMENDATION, OR FAVORING BY PDE OR ITS EMPLOYEES OR AGENTS. THIS TERMS AND CONDITIONS OF USE AGREEMENT IS SUBJECT TO CHANGE WITHOUT NOTICE.
PDE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE.
Indemnification. You agree to defend, indemnify, and hold harmless the PDE and their affiliates, and their respective, officers, employees, and agents (hereinafter,” PDE Affiliates”) from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, patent, or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (b) any misrepresentation made by you in connection with your use of the Website; (c) any violation by you of these Terms; and (d) any claims brought by other persons or entities arising from or related to your use of the Website, including information obtained through the Website. Indemnification by a federal, state, or local governmental unit is only to the extent allowed by law.
Disclaimer. Every attempt has been made to ensure that the information contained on PDE website is accurate at the time of publication. However, due to the possibility of human or mechanical error and other factors, PDE's office will not be responsible for any loss, consequence, or damage resulting directly or indirectly from reliance on the accuracy, reliability, or timeliness of the information. Customers should periodically review these Terms for any changes and for accuracy. Neither PDE’s office nor any division, officer, or employee of PDE warrants the accuracy, reliability, or timeliness of any information on this Website, and shall not be liable for any losses resulting directly or indirectly from such reliance on the accuracy, reliability, or timeliness of such information. Any person or entity who relies on any information obtained from the Website does so at his, her or its own risk.
Links to Other websites. PDE’s Website has links to websites we feel might be useful to you and which may provide services. When you link to another website, you are no longer on PDE’s Website and are subject to the privacy and use policies of the new website. These websites are neither controlled, sponsored nor endorsed by PDE or PDE's Affiliates. PDE takes no responsibility for the views, content or accuracy of any such linked information. It is the responsibility of the user to evaluate the content, quality, and accuracy of materials or information obtained from such sites. All such information is provided "as is." Information received via PDE’s website should not be construed as legal, tax or financial advice; an appropriate professional should be consulted regarding your particular situation.
Monitoring. PDE has no obligation to monitor this Website, however, PDE reserves the right to, and may, from time to time, monitor any and all information transmitted or received through the Website, to ensure proper operation, to verify the functioning of applicable security features, and for comparable purposes. Anyone using this Website expressly consents to such monitoring. Unauthorized attempts to modify any information stored on this Website, to defeat or circumvent security features, or to utilize this Website for any reason other than the intended purposes are prohibited and may result in civil or criminal prosecution.
Minors. Children are not eligible to use website services that require submission of personal information, including those requiring payments by credit card, and PDE prohibits minors (under the age of 18) from submitting any personal information to PDE. This prohibition includes submitting personal information to PDE as part of a user profile or personalization profile. If you have agreed to allow your minor child, or a child for whom you are the parent or legal guardian (a "Minor"), to use the Website, you the parent or legal guardian agree that you shall be solely responsible for: (a) all online conduct of such Minor; (b) monitoring such Minor's access to and use of the Website; and (c) the consequences of any use of the Website by such Minor, including being responsible for payments for any applicable fees.
Infringement Policy. PDE respects the intellectual property of others, and asks you to do the same. PDE reserves the right, but not the obligation, to terminate your use of the Website if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing.
Miscellaneous. These Terms the entire agreement between you and PDE and shall be treated as though it were executed and performed in Orange County California and shall be governed by and construed in accordance with the laws of California (without regard to conflict of law principles). The language in these Terms shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with these Terms shall be brought solely in Orange County, California. You expressly submit to the exclusive jurisdiction and venue of said courts and consent to extra-territorial service of process. Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with the applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with these Terms, these Terms shall take precedence. PDE’s delay or failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles and subtitles used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms.