Helping organizations create more energy efficient facilities by encouraging occupants to participate.

Terms & Conditions

McKinstry Essention., LLC (“McKinstry” or “we” or “us”) operates the People.Power.Planet website (the “Site”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein ("Terms of Use"). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with our Privacy Policy and these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this "Agreement".

McKinstry reserves the right to modify this Agreement at any time without giving you prior notice. You should review these Terms of Service and any updated terms before using the Site. Your continued use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.

During the term of this agreement, You may use the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about People.Power.Planet. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. McKinstry reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site, except as expressly permitted by the Terms of Use. 

The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to McKinstry or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by McKinstry or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by McKinstry, for example in certain password-restricted areas of the Site).

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.  You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You may not engage in any of the following prohibited activities: (i)copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated "scraping", (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Site, (iii) transmitting spam, chain letters, or other unsolicited email, (iv) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site, (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on Site infrastructure, (vi) uploading invalid data, viruses, worms, or other software agents through the Site, (vii) collecting or harvesting any personally identifiable information, including account names, from the Site, (viii) using the Site for any commercial solicitation purposes,(ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity, (x) interfering with the proper working of the Site, (xi) accessing any content on the Site through any technology or means other than those provided or authorized by the Site, or (xii) bypassing the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

Links on the Site to third party websites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by McKinstry of the third party, the third-party website, or the information contained therein. McKinstry is not responsible for the availability of any such websites. McKinstry is not responsible or liable for any such website or the content thereon. If you use the links to the websites of McKinstry affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those websites. 

The Site is provided "as is," without any warranties of any kind. To the fullest extent permissible under applicable law, McKinstry disclaims all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.

McKinstry cares about the integrity and security of your personal information. However, the Company cannot guarantee that unauthorized third parties will never be able to defeat the Site’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk. McKinstry cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs. 

You agree to use the Site only for lawful purposes. You understand and agree that you are responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless McKinstry, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Site from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of this Agreement. 

If you provide any content to the Site, you grant McKinstry a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display that content throughout the world in any media, and the right to use and display the name that you submit in connection with such content.  By posting content, you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity. 

If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement, below. 

McKinstry may terminate or suspend your access to or ability to use the Site immediately, without prior notice or liability, for any reason or no reason, including breach of this agreement. In particular, McKinstry may immediately terminate or suspend accounts that have been flagged for repeat copyright infringement. Upon termination of your access to or ability to use the Site, your right to use or access the Site will immediately cease. This agreement’s provisions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to McKinstry or any third party.

To the fullest extent permitted by applicable law in no event shall the Company be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance.

 

Participant Terms of Use 

If you accept the responsibility of participating on or adding content to the site as a Champion, Local Leader, Community Leader, Campus Leader, Student Participant, Adult Participant, or Administrator, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.

McKinstry does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a "Submission" or collectively "Submissions") will be considered non confidential and non proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give McKinstry the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you, (3) for K-12 content, you have reviewed your school’s opt-out list and ensure any students in photos or videos are NOT on this list, (4) you will review uploaded content to ensure there is no profanity, nudity or other questionable or adult material.

 

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied on our Site in a way that constitutes copyright infringement, please provide our copyright agent the following information, in writing: 

• A description of the copyrighted work that you claim has been infringed;

• A description of where the material that you claim is infringing is located on the Site;

• Your address, telephone number, and e-mail address;

• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.; and

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

 

Our Copyright Agent for notice of claims of copyright infringement on its site may be reached as follows:

General Counsel

legal@mckinstry.com

5005 Third Avenue S

Seattle, WA 98134

Phone: (206) 762-3311

Fax: (206) 762-2624

 

 

Revised March 13, 2017