Terms of Service
This PF-ONE Terms of Service Agreement (this “Agreement”) governs your access to and use of the products and services that are provided by Innovative Power Load Concepts Inc. (“PF-ONE”), from time to time, including:
Our website (our “Site”).
Those products we make available for sale to you through the Site, including, without limitation, our Intelligent Power, Load, and Control Technology (“IPLC”) products (collectively, the “Products”), all of which products and services provided by PF-ONE are collectively referred to as the “PF-ONE Services”.
As used in this Agreement, “we” and “us” refers to PF-ONE, and “you” and “your” refers to the user of the PF-ONE Services. The effective date of this Agreement is when you accept it, in accordance with the terms and conditions that are set out below.
IMPORTANT! YOUR ACCESS TO OUR SITE AND THE PF-ONE SERVICES IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE YOU PROCEED. ACCESSING AND USING OUR SITE AND THE PF-ONE SERVICES IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE OUR SITE AND/OR THE PF-ONE SERVICES.
You can view, print, download or save this Agreement at any time, under the “Terms of Service” link that appears on our Site.
GENERAL TERMS AND CONDITIONS
Payment Terms: Your purchase of Products requires you to provide a valid payment method, which will be associated with your Account. You authorize us to debit your payment method in the amount associated with the Products you have purchased, as set out on our Site from time to time. The Price of the Products is does not include harmonized sales tax, goods and services tax, sales tax, valued added tax, use and excise taxes, as well as any applicable duties, which are in addition to the price.
Delivery and Installation: We will deliver the Products to the location specified by you, using our standard shipping methods (as the same may be described on the Site, from time to time). We will not be liable for any delivery delays, loss, or damage in transit. You are responsible for installing and using the Products in a manner that complies with any installation directions we set out on the Site or otherwise, from time to time.
Accounts and User Interaction: In order to access or purchase some of the PF-ONE Services, you may be required to sign up and create an account (the “Account”) using the Site. This requires you to submit certain information, including your name, email address and a password. You are solely responsible for maintaining the confidentiality of your password and all activities that occur under your Account (even if another person has undertaken the activity, you are deemed to be responsible for the purposes of this Agreement, including, without limitation, its indemnification obligations). Therefore, you should protect your password and make your password difficult for others to guess. When you register, you agree to provide accurate, current, and complete information about yourself and update it as necessary. You will not use another person’s Account.
We reserve the right to refuse registration of Accounts, or to cancel any existing Accounts, that we deem to be inappropriate, in our sole discretion. We are not responsible for updating your Account. When you provide information to us, you represent and warrant that you have legal authority to do so. In particular, you represent and warrant that: you are entitled to submit the information to us; the information is accurate; and the information is not confidential, in violation of any contractual restrictions or third party rights.
Consent to Electronic Communication: When you visit the Site, use the PF-ONE Services or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Modification to the PF-ONE Services and this Agreement: We reserve the right to restrict, suspend, revoke or terminate or otherwise change any aspect of the PF-ONE Services for any reason whatsoever. We may modify all or one or more parts of this Agreement at any time. We may provide notice to you of such revisions by means of a general notice on the Site. Your continued use of the PF-ONE Services after such revisions are posted will signify your agreement to these revised terms. Therefore, you should visit this page periodically to review this Agreement.
Ownership of Content: For the purposes of this Agreement, “Intellectual Property Rights” means all industrial and intellectual property rights throughout the world including all copyright rights and analogous rights, rights in relation to inventions or discoveries, including patent rights, designs, circuit layouts, trade names, brand names and registered and unregistered trademarks, including service marks and moral rights.
All materials related to the PF-ONE Services, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and information belonging to other users (the “Content”), and all Intellectual Property Rights related thereto, are now and will remain the exclusive property of us and our licensors.
Except as expressly provided herein, nothing in this Agreement shall be deemed to create a licence in the Content or under any Intellectual Property Rights. You agree not to sell, licence, provide access to, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Content or the PF-ONE Services more generally. Use of the Content and the PF-ONE Services for any purpose not expressly permitted by this Agreement is strictly prohibited.
You retain ownership in and to materials you submit to us, including, without limitation, reviews, comments and other content (collectively, “Your Content”), but you agree to grant us a royalty-free, sub-licensable, irrevocable licence to use Your Content, as we see fit, in our sole discretion, for the purpose of providing the PF-ONE Services and in connection with any sale of PF-ONE in whole or in part, including the assets thereof. We reserve the right to disclose Your Content, at any time, as is required to comply with applicable laws, and the right to remove any of Your Content that is in violation of the terms and conditions of this Agreement. You also agree that any rights you assert in and to Your Content will be subject to standards of commercial reasonableness. You represent and agree that you will not post to the Site or the PF-ONE Services, any trade secrets, confidential information, intellectual property and other proprietary information of any other person, without authorization from such other people, or any obscene or defamatory content. Your Content (and our use thereof in accordance with this Agreement) shall not knowingly infringe the intellectual property rights, including copyright, patents, trade-marks or trade secrets, of any third party. You hereby indemnify and hold harmless, us and our owners, subsidiaries, affiliates, representatives, agents, licensors, suppliers and manufacturers, and their respective heirs, administrators, executors, successors and assigns (as the case may be), from any and all liability or loss, including reasonable counsel fees, which we suffer in connection with any claim or action by reason of a breach of the foregoing representations and warranties.
Trademarks: Certain words, phrases, names, designs or logos on the Site may constitute trademarks, services marks, or trade names that are owned by us or others. The display of such marks on the PF-ONE Services does not imply that you have been granted a licence by us or others with respect to them.
Complaints: If you believe in good faith that any material that is made available on or through the PF-ONE Services infringes your copyright, or if you have any other complaints about your use of the PF-ONE Services, please contact us here privacy@PF-ONE.com. You can also contact us if another user provides content or otherwise uses the PF-ONE Services in a way that you find objectionable. While we are not responsible for how others use the PF-ONE Services, we will make commercially reasonable efforts to make your use of the PF-ONE Services enjoyable.
Post, transmit, or otherwise make available any material that is or may be (a) threatening, harassing, degrading, hateful, or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic, or otherwise objectionable; or (e) an infringement of another person’s privacy by disclosing the personal information of another individual without their knowledge and consent.
Post, transmit, or otherwise make available any material that may violate the proprietary rights of any third party, including, without limitation, copyrighted software, photographs, texts, videos or artwork or any moral rights associated therewith.
Use the PF-ONE Services in a manner which will violate or solicit the violation of any applicable local, provincial, territorial, state, national or international law, rule or regulation, including, without limitation, applicable privacy laws the statute known as An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (Canada).
Use the PF-ONE Services to post transmit, or otherwise make available any material which would: (a) give rise to criminal or civil liability; (b) encourage conduct that constitutes a criminal offence; or (c) encourage or provide instructional information about illegal activities.
Impersonate any person or entity, including, but not limited to, any of our representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make without our prior written consent.
Post, transmit, or otherwise make available any virus, worm, trojan horse, spyware, or any other computer code, file, or program that may, or is intended to, damage or hijack the operation of any hardware, software, server or telecommunications equipment.
Interfere with or disrupt the PF-ONE Services.
Use the PF-ONE Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party.
Post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” investment opportunity, or any other form of solicitation.
Use the PF-ONE Services, if you are under 13 years of age, in violation of this Agreement or for commercial purposes.
Any person who is found or reasonably suspected to have violated the rules of conduct provided above may be barred from using the PF-ONE Services, in our sole discretion, and may be subject to other legal remedies.
PRACTICES REGARDING USE AND STORAGE
Storage or Deletion of Content: You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any information maintained by us.
Limits on Storage: We retain the right to create limits on use and storage, at our sole discretion, at any time, with or without notice.
Our Access to Stored Content: We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce this Agreement, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect our rights, property or safety, our users or the public. We will not be responsible or liable for the exercise or non-exercise of our rights under this Agreement.
NO WARRANTY: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE DO NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
Limited Warranty and Returns: Subject to any limitations in this Agreement and our Refund Policy, we warrant to you, as the purchaser of a Product, that for a period of thirty (30) days from the date of delivery of the Product (each, a “Warranty Period”) (i) the Product shall be fit for its intended use and will materially conform to the manufacturer’s specifications; and (ii) the Product will be free from significant defects in material and workmanship.
The warranties under this section do not apply where the Product has been (i) subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling, abnormal physical stress, abnormal environmental conditions or use contrary to any instructions issued by us or contained in the manufacturer’s documentation provided by us to you, on the Site or otherwise; (ii) reconstructed, repaired or altered by persons other than us or our authorized representatives; or (iii) used with any third-party product, hardware or product that has not been previously approved in writing by us.
During the Warranty Period, and notwithstanding any other provision of this Agreement and our Refund Policy, this section contains the purchaser of the Product’s exclusive remedy for any defective Products or if you are otherwise unsatisfied with your purchase. Your remedy under this section is conditional upon your compliance with your obligations hereunder and as set out in our Refund Policy. During the Warranty Period, with respect to any allegedly defective Products or Products with which you are unsatisfied (i) you must notify us, in writing, of any alleged claim or defect within the applicable Warranty Period; (ii) you must, at our request, ship at your risk of loss, such Product to the our facility located at the address noted in this Agreement, or such other location we may advise for inspection and testing by us or our authorized representatives; and (iii) if our inspection reveals the Product remains in good working condition and has not been visibly damaged, we will, at your election, and at our expense, either (i) repair or replace any such defective Products; or (ii) credit or refund the price of such Product less any applicable discounts, rebates or credits (provided that certain products are sold on a “final sale” basis and not subject to return or refund as noted at time of sale). If we repair or replace the defective Product, we will, after receiving your shipment of such defective Product, ship to you the repaired or replaced Product to the applicable location. Subject to the terms and conditions of our Return Policy, we will pay the costs of shipping for any replacement products; if you elect a refund of the price of the Product, you are responsible for shipping costs.
Use at Your Own Risk: Except as expressly provided in this Agreement, access to the PF-ONE Services is provided “as is” and without warranties of any kind, either express or implied. By accessing and using the PF-ONE Services, you acknowledge and agree that it is entirely at your own risk. We are not responsible for your reliance on the PF-ONE Services. While we try to keep the PF-ONE Services available without interruption, we are not responsible for ensuring the PF-ONE Services are available or that they will convey information to anyone, on your behalf. If your use of the PF-ONE Services or the Content results in the need for servicing or replacement of equipment or data, PF-ONE, its affiliates, manufacturers, suppliers and subsidiaries are not responsible for those costs. The PF-ONE Services include content provided by third parties, including from third-party licensors. All statements and/or opinions expressed in any such third-party content (including but not limited to, testimonials, user submissions and forum postings), other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect our opinion. Neither us nor our subsidiaries, affiliates, and their and our respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, manufacturers, successors or assigns, have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
Earnings and Income Disclaimer: The PF-ONE Services may contain “forward-looking statements”, such as projected earnings or income statements, or earnings or income examples, which are only estimates of potential savings associated with the use of the Products. Forward-looking statements can be identified by words such as: “expected”, “intend”, “plan”, and “projected”, and similar references to future periods. Examples of forward-looking statements include, among others, statements we make regarding expected cost savings that may arise from your use of the Products (whether in a detailed savings report, or otherwise). Forward-looking statements are neither historical facts nor assurances of future performance. They rely on our current expectations and assumptions regarding, among other things, your usage of the Products, local weather conditions and the price of power, and are therefore subject to inherent uncertainties, risks and changes in circumstances that are difficult to predict and many of which are outside of our control. AS A RESULT, YOU SHOULD NOT RELY ON ANY OF THESE FORWARD-LOOKING STATEMENTS, WHICH ARE FOR ILLUSTRATIVE PURPOSES, ONLY.
Data Security: If you upload or transmit confidential, personal information, trade secrets, or other sensitive or restricted content on the Site, you are solely responsible for implementing safeguards beyond the security measures provided by us. You acknowledge that, subject to our compliance with the terms of this Agreement, you upload or transmit this information at your own risk. PF-ONE DOES NOT WARRANT THAT THE PF-ONE SERVICES WILL OPERATE ERROR-FREE OR THAT THE PF-ONE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE PF-ONE SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
We are not responsible for any materials or information on the Site or any linked website that you may find offensive, undesirable or objectionable. Further, we specifically disclaim any responsibility or liability for the accuracy, completeness, correctness, timeliness or usefulness of third party information. You expressly indemnify us from any and all liability arising from your use of any such third-party website, service, or content.
Verification: We are not responsible for verifying your identity, the identity of anyone who uses your Account, or the identity or legitimacy of any other user, posting, resume, or profile.
Professional Advice: Any information made available through the PF-ONE Services is for informational purposes only and is not intended to be nor should it be construed as professional advice. Users should seek independent professional advice from a person who is licenced and/or qualified in the applicable area before relying on any information found on the Site.
LIMITATION OF LIABILITY, RELEASE AND INDEMNITY
THIS SECTION LIMITS OUR LIABILITY TO YOU AND PROVIDES FOR A RELEASE AND AN INDEMNITY, FROM YOU, IN FAVOUR OF US. PLEASE READ IT CAREFULLY.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL YOU BE ENTITLED TO RECOVER ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES FROM US, ARISING DIRECTLY OR INDIRECTLY FROM: (A) ANY BREACH OF THIS AGREEMENT, FUNDAMENTAL OR OTHERWISE; OR (B) ANY OF OUR NEGLIGENCE, ACTS OR OMISSIONS; OR (C) ANY PROVISION, DUTY OR REQUIREMENT OF ANY STATUTE; OR (D) ANY USE OR NON-USE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON; OR (E) ANY DUTY AT LAW OR IN EQUITY. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU FOR DIRECT DAMAGES YOU SUFFER ARISING OUT OF, RELATED TO OR CAUSED BY THIS AGREEMENT OR YOUR USE OF THE PRODUCTS EXCEED THE TOTAL OF THE AMOUNTS PAID TO US BY YOU FOR THE PRODUCTS SOLD HEREUNDER. YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY.
RELEASE: EXCEPT AS SET OUT HEREIN, YOU AGREE TO RELEASE, REMISE, ACQUIT AND DISCHARGE US FROM ANY CLAIMS, ACTIONS, DEMANDS, COSTS AND EXPENSES OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, NEGLIGENCE OR TORT, AT LAW OR IN EQUITY, OR BY STATUTE OR OTHERWISE, HOWSOEVER CAUSED, WITH RESPECT TO YOUR USE OF, OR OUR OPERATION OF, THE SITE AND THE PF-ONE SERVICES.
INDEMNITY: YOU AGREE TO INDEMNIFY, SAVE AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, JUDGMENTS, AWARDS, DECLARATIONS, ORDERS, SETTLEMENTS, DAMAGES (INCLUDING GENERAL, SPECIAL, PUNITIVE, AGGRAVATED OR EXEMPLARY DAMAGES), LIABILITIES, LOSSES, COSTS, CHARGES, INTEREST AND EXPENSES, OR PROCEEDINGS OF ANY KIND WHATSOEVER WHICH MAY BE INITIATED OR PRESENTED BY ANY OTHER PERSONS, INDIVIDUALS OR OTHER LEGAL ENTITIES, AND WHICH ARISE DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITE AND THE PF-ONE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU HEREBY AGREE TO PAY ALL COSTS, FEES AND EXPENSES, ON A SOLICITOR AND OWN CLIENT BASIS, WHICH MAY BE INCURRED BY US, RELATING TO YOUR USE OF THE SITE AND THE PF-ONE SERVICES.
SINCE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITY, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
FOR THE PURPOSE OF THIS SECTION, THE TERMS “WE”, “US” AND “OUR” SHALL INCLUDE OUR AFFILIATES AND OURS AND OUR AFFILIATES’ RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUPPLIERS, MANUFACTURERS, SUCCESSORS AND ASSIGNS.
CONFLICT OF LAWS
Application of Manitoba Laws: We are physically located, and the activities with respect to the PF-ONE Services and the Site take place, within the Province of Manitoba, Canada. This Agreement will be governed by the laws of the Province of Manitoba and the laws of Canada applicable therein and shall be treated in all respects as a Manitoba contract, without reference to the principles of conflicts of law. You agree that the Site shall be deemed passive websites solely based in Canada and shall not give rise to personal jurisdiction over PF-ONE, either specific or general, in jurisdictions other than Canada.
Dispute: In consideration for your right to access and use the PF-ONE Services, you agree that: (i) you will contact us directly and give us the opportunity to try to resolve any and all disputes before you take any action in court, or otherwise; (ii) any and all disputes, claims and causes of action arising out of or connected with the PF-ONE Services shall be resolved individually, without resort to any form of class action; (iii) any and all claims, judgments and awards shall not include legal fees; and (iv) and to the extent permitted by law, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of the PF-ONE Services, shall be final and binding arbitration, to occur in Manitoba, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate any intellectual property right of PF-ONE, its affiliates or any third party, or any privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by PF-ONE, its affiliates or the applicable third parties.
Waiver of Rights: You agree to waive any right you may have to: (a) a trial by jury; and (b) commence or participate in any class action against us related to your use of the PF-ONE Services, the exchange of electronic documents between us or this Agreement and, where, applicable, you also agree to opt out of any class proceedings against us or our licensors.
Agreement in English: The parties hereto have required that this Agreement and all documents relating thereto be drawn up in English. Nous avons demandè que cette convention ainsi que tous les documents qui s’y rattachent soient rèdigès en anglais.
International Matters: Unless otherwise specified, the Site and the PF-ONE Services are presented solely for the purpose of providing products and services in Canada. We make no representation that the Site, the PF-ONE Services and all other materials on the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Force Majeure: We will not be liable for failure or delay in our performance of our obligations under this Agreement due to any cause beyond our reasonable control, including, but not limited to: (a) acts of God; or (b) failure or disruptions in third-party-controlled or operated communications facilities; or (c) worms, viruses and other disabling or disruptive software, communications or files.
Notice: All notices, requests, consents, claims, demands, waivers and other communications hereunder shall be in writing and shall be deemed to have been given: (i) when delivered by hand (with written confirmation of receipt); (ii) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (iii) on the date sent by facsimile or e-mail (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; or (iv) on the third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid. Such communications must be sent to the respective parties at the addresses set forth on the applicable order form (or to such other address as may be designated by a party from time to time in accordance with this Section).
Investigations and Violations: We reserve the right to investigate you if we suspect you have violated this Agreement and/or any applicable laws, and may seek to gather information from you or about your use of the PF-ONE Services, in furtherance of this purpose. We may suspend your use of the PF-ONE Services (and for further certainty, use of the PF-ONE Services through your Account) if your conduct is under investigation. If we believe, in our sole discretion, that a violation of this Agreement and/or any applicable laws has occurred, we may take any corrective action deemed appropriate, including providing personally identifiable information as part of any legal process.
BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS PF-ONE AND ITS SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUPPLIERS, MANUFACTURERS, SUCCESSORS AND ASSIGNS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PF-ONE DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER APTN OR LAW ENFORCEMENT AUTHORITIES.
Suspension of your Use of the PF-ONE Services by us: If you breach any provision of this Agreement, you may no longer use the PF-ONE Services. We may at any time and for any reason, with or without cause, and in our sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the PF-ONE Services, all without any notice or liability to you or any other person. We may take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the PF-ONE Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the PF-ONE Services.
We have no obligation, nor any responsibility to any party to monitor the PF-ONE Services or their use, and do not and cannot undertake to review material that you or other users submit to the PF-ONE Services. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
No Rights on Termination: We reserve the right to cease, suspend or interrupt operation of or access to the PF-ONE Services or any part thereof, and shall not be required to provide any notice in respect of such cessation, suspension or interruption of access, nor shall we have any liability for such cessation, suspension or interruption of access.
Survival: The provisions of Sections that are by their nature intended to survive termination of this Agreement shall survive termination of this Agreement in perpetuity, including, but not limited to, all Sections concerning proprietary interests, warranty disclaimers, indemnity, and limitations of liability.
Waiver: Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions of this Agreement.
Assignment: This Agreement, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Our Contact Information: If you have any questions about this Agreement, or the PF-ONE Services generally, please contact us here:
Innovative Power Load Concepts Inc. Box 334 Elie, Mb R0H 0H0
Last Updated: March 11, 2022
PF-ONE is a distributor of Intelligent Power, Load, and Control (“IPLC”) Technology and products to end customers who can benefit from their utilization. These, and such other activities and other products and services as may be provided by PF-ONE from time to time, including the PF-ONE website: https://www.pf-one.com (our “Site”), are collectively referred to as the “PF-ONE Services”.
This Policy describes how we collect, use, disclose and protect the personal information we receive from users of the PF-ONE Services (collectively referred to as “you”). In some cases, specific products and services we offer are subject to additional terms and conditions. We will make those terms and conditions available to you through the specific products and services to which they relate.
Privacy laws in Canada generally define “personal information” as any information about an identifiable individual, which includes information that can be used on its own or with other information to identify, contact, or locate a single person. Personal information does not include business contact information, including your name, title, or contact information, as used in your professional capacity.
We will collect, use and disclose personal information in accordance with this Policy, unless otherwise required by applicable law. We take reasonable steps to ensure that any personal information we collect about you is adequate, relevant, not excessive, and used for limited purposes.
This Policy does not apply to personal information collected outside the PF-ONE Services or by any third party, including information collected through an application or content that may link to or be accessible from or on our Site.
The application of this Policy is subject to the requirements and provisions of the Personal Information Protection and Electronic Documents Act (“PIPEDA”), and any other applicable legislation or regulation. If you reside in British Columbia, Alberta or Quèbec, then the substantially similar provincial privacy law of your province will apply to our handling of your personal information, rather than PIPEDA. In that case, reference in this Policy to PIPEDA shall be deemed to include your province’s substantially similar privacy law.
Please read this Policy carefully to understand our policies and practices for collecting, processing, and storing personal information. By accessing or using the PF-ONE Services, you indicate that you understand, accept, and consent to the practices described in this Policy.
PF-ONE is responsible for all personal information under its control and has designated the PF-ONE Privacy Officer to oversee privacy compliance. Other individuals within PF-ONE may be delegated to act on behalf of our Privacy Officer or to take responsibility for the day to day management of personal information. PF-ONE trains and communicates with employees about our privacy practices, including this Policy.
As appropriate, PF-ONE implements privacy policies and procedures to properly enforce this Policy, and we use contractual or other means to provide a comparable level of privacy protection while personal information is being processed or used by a third party.
INFORMATION WE COLLECT ABOUT YOU
We collect and use several types of information from and about you, including:
Personal information, that we can reasonably use to directly or indirectly identify you, which may include your: name; contact information; and information collected from PF-ONE’s employees and independent contractors for the purposes of administering our relationship with them (“personal information”).
Non-personal information, that does not directly or indirectly reveal your identity or directly relate to an identifiable individual, such as demographic data, statistical or aggregated data or data about a Project which cannot be used to identify you. Statistical or aggregated data does not directly identify a specific person, but we may derive non-personal statistical or aggregated data from personal information. For example, we may aggregate personal information to calculate the percentage of users participating in a certain program or accessing a specific feature on our Site.
HOW WE COLLECT INFORMATION ABOUT YOU
We use different methods to collect your information, including through:
INFORMATION YOU PROVIDE TO US, for example, by:
Registering for an account, program, or services.
Purchasing products, or otherwise when you fill in forms, online polls, or questionnaires.
Corresponding with us by phone, email, or otherwise. Records of correspondence, including copies of emails, may be kept by PF-ONE to assist us in delivering our programs and services to you.
Providing information for us to publish or display on public Site areas (referred to as “posted” or “posting”) or to transmit to other Site users or third parties (collectively, “User Contributions”), as and when such features are made available from time to time. Any User Contributions are posted and transmitted to others at your own risk. PF-ONE cannot control the actions of other users of the Site with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that unauthorized persons will not view your User Contributions.
THIRD PARTIES, including service providers who are engaged for specific projects or services as part of PF-ONE’s programs. Where PF-ONE engages a service provider to collect or manage personal information on our behalf (either directly or indirectly) for a specific project, we will explain to you (in this Policy or otherwise) what personal information we are collecting, for what purposes it is being collected, and with whom that information will be shared (if anyone). Service providers who collect or manage personal information on PF-ONE’s behalf are contractually obligated to keep personal information confidential, collect it only for the purposes for which we have engaged them, and to process the personal information with the same standards set out in this Policy. PF-ONE remains responsible for any personal information collected for us by service providers, as set out in this Policy.
A NOTE ABOUT THIRD PARTY TRACKING TECHNOLOGIES
We do not control these third parties’ tracking technologies or how they are used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
To learn more about online behavioural advertising and how to stop websites from placing cookies on your device, you can access materials and information provided by the Digital Advertising Alliance of Canada or the Network Advertising Initiative.
USE OF YOUR INFORMATION
We may use information that we collect about you or that you provide to us, including any personal information:
To provide the PF-ONE Services, including providing you with information or services that you request from us.
To present our Site and its contents to you.
To fulfill the purposes for which you provided the information or that were described when it was collected, or any other purpose for which you provide it.
To carry out our obligations and enforce our rights arising from any contracts with you.
To notify you about changes to the PF-ONE Services, including changes to our Site.
To improve the PF-ONE Services, including our Site, communications, client relationships and experiences.
To allow you to participate in interactive or similar features on our Site, as such features may be made available from time to time.
In any other way we may describe when you provide the information.
For any other purpose with your consent.
The information you provide to us – such as your name, address, etc. – allows us to inform you about potential opportunities, and to notify you of issues, events or special offers which may be of interest to you.
By signing up for an account, you provide us permission to contact you by way of the information you provide. If you do not wish to be contacted by us for these purposes, please email us at: https://www.pf-one.com/unsubscribe.
DISCLOSURE OF YOUR INFORMATION
We may disclose personal information that we collect or which you provide as described in this Policy:
To provide the PF-ONE Services, including for the purposes of shipping products to you.
In accordance with applicable law, to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of PF-ONE’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by PF-ONE about clients and users is among the assets transferred.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
With your consent.
We may also disclose your personal information:
To comply with any court order, law, or legal process, including to respond to any government or regulatory request, in accordance with applicable law.
To enforce or apply the PF-ONE Terms of Service https://pf-one.com/legal#Terms-of-Service and other agreements.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of PF-ONE, our clients, or others.
We share aggregated information – not personal information – about the PF-ONE Services (including savings reports we have generated), on our Site and otherwise to the public, generally. We do this to help promote our products and services. If you do not want this information to be made available to the public, please do not submit it to our Site.
TRANSFERRING YOUR PERSONAL INFORMATION
We may transfer personal information that we collect or that you provide as described in this Policy to contractors, service providers, and other third parties we use to support the PF-ONE Services (such as the manufacturer of our products) and who are contractually obligated to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards set out in this Policy.
We may process, store, and transfer your personal information in and to a foreign country, with different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information through the laws of the foreign country. Whenever we engage a service provider, we require that its privacy and security standards adhere to this Policy and applicable Canadian privacy legislation.
You are welcome to contact us to obtain further information about PF-ONE policies regarding service providers outside of Canada. See the Contact Information section below.
By submitting your personal information to us or engaging with the PF-ONE Services, you consent to this transfer, storage, or processing.
CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
Promotional Information from PF-ONE. If you have opted in to receive certain emails from us but no longer wish to have your contact information used by PF-ONE to provide information about marketing and promotional opportunities we think may be of interest to you, you can opt-out by sending us an email stating your request to https://www.pf-one.com/unsubscribe. If we have sent you a general informational email, you may unsubscribe by clicking the unsubscribe link we have included in the email. This opt-out does not apply to information provided by PF-ONE as part of its requirements under an agreement with you.
Information Used and Disclosed as part of the PF-ONE Services, generally. When it comes to the PF-ONE Services, generally, PF-ONE may have certain contractual obligations relating to the use and disclosure of personal information you have provided to us, as described in this Policy. If you wish to have more information about PF-ONE’s privacy practices and your choices related to how we use and disclose your information as part of the PF-ONE Services, please contact us at the information provided below in the Contact Information section.
Information Collected through the Site
Our Site collects and uses several types of information from and about you, including:
Technical information, including your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, or information about your internet connection, the equipment you use to access our Site, and usage details.
Non-personal details about your interactions with our Site, including the full Uniform Resource Locators (URLs), clickstream to, through and from our Site (including date and time), information you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, or any phone number used to contact us.
Why We Collect Information through the Site
Our Site may use various technologies, from time to time, to:
help us customize your experience on our Site;
track your use of our Site for advertising, marketing, or promotional purposes;
help us determine whether you opened an email message from us; or
gather information to deliver advertisements about products and services we think may be of interest to you.
This information enables us to:
customize the services we offer you, to improve our Site;
estimate our audience size and usage patterns;
store information about your preferences, allowing us to customize our Site according to your individual interests, including showing you advertisements that we think will be of interest to you;
speed up your searches;
recognize you when you return to our Site;
show our advertisements on external sites; and
assist us in providing a better customer experience by understanding consumer behaviour.
Our Use of Automated Technologies or Interactions
Details of your visits to our Site, including traffic data, and other communication data and the resources that you access and use on the Site.
Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically is statistical data. It helps us to improve our Site and to deliver a better and more personalized service, including by enabling us to estimate our audience size and usage patterns, store information about your preferences, and recognize you when you return to our Site.
The technologies we use for this automatic data collection may include:
Web Beacons. Web beacons (also known as pixel tags, Internet tags, clear GIFs, or single-pixel GIFs) are electronic images embedded into a Web page. Web beacons permit an organization to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Your Choices About How Our Site Collects your Information
We strive to provide you with choices regarding the personal information you provide to us.
You can opt out of several third party ad servers’ and networks’ cookies simultaneously by using opt out tools created by Google Advertising, the Digital Advertising Alliance of Canada or by the Network Advertising Initiative. You may also opt out of our use of Google Analytics by visiting the Google Analytics opt out page. We may have reporting of your aggregate interactions with our ads across the Google Display Network or DoubleClick for Advertisers in conjunction with activity on our Site.
You can also access these websites to learn more about online behavioural advertising and how to stop websites from placing cookies on your device. Opting out of a network does not mean you will no longer receive online advertising. It does mean that the network from which you opted out will no longer deliver ads tailored to your web preferences and usage patterns.
In addition, we have created mechanisms to provide you with the following control over your information:
Opt Out Mechanisms. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt out by using the opt out tools created by the Digital Advertising Alliance of Canada, the Network Advertising Initiative or Google Advertising.
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. We store all information you provide to us in compliance with policies, procedures and guidelines described in this Policy and our other contractual obligations.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, as such functionality is offered from time to time, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk, except to the extent that we have caused that risk by breaching this Policy. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
Except as otherwise permitted or required by applicable law or regulation, we will retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
Under some circumstances we may anonymize your personal information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose under PF-ONE’s mandate without further notice to you or your consent.
CHILDREN UNDER THE AGE OF 13
We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any personal information through the PF-ONE Services. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any personal information from or about a child under 13, please contact us at firstname.lastname@example.org.
ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes. By law you have the right to request access to and to correct the personal information that we hold about you. We will provide access to your personal information, subject to exceptions set out in applicable privacy legislation.
If you want to review, verify, correct, or withdraw consent to the use of your personal information you may also send us an email at email@example.com to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
If you are concerned about our response or would like to correct the information provided, you may contact our Privacy Officer at firstname.lastname@example.org.
WITHDRAWING YOUR CONSENT
Where you have provided your consent to the collection, use, and transfer of your personal information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us at email@example.com. Please note that if you withdraw your consent we may not be able to provide you with particular services and your right to withdraw consent may be limited by agreements you have entered into with us. We will explain the impact to you at the time to help you with your decision.
This Policy may change from time to time. Changes we make to this Policy will be posted on this page. If we make material changes to how we treat our users’ personal information, we may notify you by email or through a notice on the Site home page. We include the date the Policy was last revised at the top of this Policy. You are responsible for periodically visiting our Site and this Policy to check for any changes. Your continued use of the PF-ONE Services after such notice constitutes your acceptance of such changes.
You and PF-ONE have requested and agree that this Policy and all documents related to this Policy be drawn up in English. Les parties ont demandè que cette convention ainsi que tous les documents que s’y rattachent soient rèdigès en anglais.
If you have any questions about this Policy and PF-ONE’s privacy practices, please contact us at:
Attn: Privacy Officer
We have procedures in place to receive and respond to complaints or inquiries about our handling of personal information, our compliance with this Policy, and with applicable privacy laws. To discuss our compliance with this Policy please contact our Privacy Officer using the contact information listed above. TOP
PF-ONE.com P.O. Box 334, Elie MB, R0H 0H0, Canada