Terms & Conditions

powerED Terms & Conditions for Use

McKinstry Essention., LLC (“McKinstry” or “we” or “us”) created, maintains and operates the powerED platform. powerED may include access to multiple different modules or parts, including various data dashboards, websites and materials (collectively or in parts, the “Service”).

By accessing and using the Service, in whole or in part, you agree to each of the terms and conditions set forth herein ("Terms of Use"). Additional terms and conditions applicable to specific areas of the Service, to content, and/or transactions may also be posted separate areas of the Service 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". These terms and conditions applies to your access to and the use of the Services and does not alter the terms and conditions of any other arrangement you may have with McKinstry.

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 Service. Your continued use of the Service 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 to the extent applicable, you may use the information, writings, images and/or other works that you see, hear or otherwise experience from the Service (singly or collectively, the “Content”) solely for your non-commercial, personal and/or for education purposes. 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, except as expressly permitted by the agreement.

The Service 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. You may download and reprint Content for non-commercial, non-public, personal use only. If you are using the Service 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.

You are prohibited from using any of the marks or logos appearing throughout the Service 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 Service 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 Service, (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 Service, (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on Service infrastructure, (vi) uploading invalid data, viruses, worms, or other software agents through the Service, (vii) using abusive, profane, threatening, racist, sexist or otherwise objectionable language, (viii) sending, receiving, or accessing pornographic or other inappropriate materials, (ix) collecting or harvesting any personally identifiable information, including account names, from the Service, (x) using the Service for any commercial solicitation purposes, (xi) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity, (xii) interfering with the proper working of the Service, (xiii) accessing any content on the Service through any technology or means other than those provided or authorized by the Service, or (xiv) bypassing the measures we may use to prevent or restrict access to the Service, 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 provided to third party websites or information are provided solely as a convenience to you. If you use these links, you will leave the Service environment. 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 Service Environment, and will be subject to the terms of use and privacy policy applicable to those websites.

The Service and Content 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 Service’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 Service will be free of infection by software viruses or other harmful computer code, files or programs.

You agree to use the Service and Content only for lawful purposes. You are responsible for maintaining the confidentiality of your member identification; password and/or login information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password. You understand and agree that you are responsible for your behavior when using the Service. 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 Service or the Content, or any violation by you of this Agreement.

If you provide any content to the Service, 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. This also includes any rights to use a photo or likeness, and compliance with your internal opt-out or privacy compliance requirements for such. McKinstry does not want to receive confidential or proprietary information from you via the Service.

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 Service immediately, without prior notice or liability, for any reason or no reason, including breach of this agreement. 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 Service, your right to use or access the Service 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 Service 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 McKinstry 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 Service, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Service, 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.

Certain state laws do not allow limitations on implied warranties or the exclusions or limitations of certain damages. If these laws apply to you, some or all of the above disclaimer, exclusions or limitations may not apply to you, and you may have additional rights.

If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any failures to enforce any provision of this Agreement will not constitute a present or future waiver of such provision, nor limit our right to enforce such provision at a later time. All waivers by McKinstry must be in writing to be effective.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied on our Service 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 website;
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

Last Updated March 13, 2017

McKinstry Dashboard Terms & Conditions for Use

McKinstry Essention., LLC (“McKinstry” or “we” or “us”) operates the dashboard with the content and materials (collectively, the “Services”) that you, as an individual or representing a specific member identification / log-in, (“you”) are viewing. These terms and conditions (herein, the “Agreement”) applies to your access to and the use of the Services and does not alter the terms and conditions of any other arrangement you may have with McKinstry.

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

During the term of this agreement, you may use the information, writings, images and/or other works that you see, hear or otherwise experience with the Service (individually or collectively, the “Content”) solely for your non-commercial, personal purposes and/or for education. 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 in writing by McKinstry, you may not use, alter, copy, distribute, or transmit any Content obtained from the Service.

The Service 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 of the Service. You may download and reprint Content for non-commercial, non-public, personal, or internal use only. If you are using the Service 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.

Any links to third party websites or information that may be provided by the Service are solely as a convenience to you. 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 be subject to the terms of use and privacy policy applicable to those websites.

The Service 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.

You agree to use the Service only for lawful purposes. You understand and agree that you are responsible for your use of the Service. 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. 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 of the Service 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 Service, or any violation by you of this Agreement.

If you provide any content and/or information to the Service, 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 information in connection with such content.

McKinstry may terminate or suspend your access to or ability to use the Service 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 Service, your right to use or access the Service 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 Service 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.

Last Updated April 21, 2017

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

Terms & Conditions