Terms and Conditions

 

Effective Date: July 19, 2025 Site Covered: www.modernizepower.com

 

1. Introduction and Agreement

 

Welcome to Modernize Power. These Terms and Conditions ("Terms") govern your use of the website located at www.modernizepower.com (the "Website") and any related services provided by Modernize Construction, Inc. DBA Modernize Power (referred to as "Company," "we," "us," or "our").
 

By accessing or using our Website, you warrant that you have read, reviewed, and agree to be bound by these Terms and our separate Privacy Policy. If you do not agree to be bound by these Terms, please exit the Website immediately. We only agree to provide you with the use of this Website and its services if you assent to these Terms.

 

2. Privacy Policy

 

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Please read it carefully. You can find our Privacy Policy here: [Link to Your New Privacy Policy Page]

 

3. Scope of Website Services

 

This Website provides information about our electrical, solar, generator, and construction services. The Website may allow you to request information or a quote. Please be aware that these Terms govern the use of the Website only. Any professional services performed by the Company for you will be governed by a separate, written agreement, proposal, or contract.

 

4. License to Use Website

 

Subject to these Terms, we grant you a non-exclusive, limited, non-transferable, and revocable license to use the Website and materials on it ("Company Materials") solely in connection with your use of the Website. This license terminates upon your cessation of use of the Website or at the termination of these Terms.

 

5. Intellectual Property

 

You agree that the Website and all services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Company owns all right, title, and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose.

 

6. Acceptable Use

 

You agree not to use the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, its services, or the general business of the Company. This includes, but is not limited to:

• Harassing, abusing, or threatening others.

• Violating the intellectual property rights of the Company or any third party.

• Uploading or disseminating computer viruses or other malicious software.

• Perpetrating fraud or engaging in unlawful schemes.

• Publishing or distributing obscene, defamatory, or discriminatory material.

• Unlawfully gathering information about others.

 

7. User-Generated Content

 

If you post, upload, or make available any comments, reviews, text, or other content on the Website ("User Content"), you grant us a perpetual, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display such User Content in connection with the Website and our business, including for marketing and promotional purposes. You retain all ownership rights to your User Content.

 

8. Age Requirement

 

Use of the Website is intended for individuals who are at least 18 years of age. By using this Website, you represent and warrant that you are at least 18 years old.

 

9. Indemnification

 

You agree to defend, indemnify, and hold us and our affiliates harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms, or your conduct or actions.

 

10. No Warranties

 

Your use of the Website is at your sole risk. The Website and its services are provided on an "AS IS" basis. The Company expressly disclaims any and all express or implied warranties of any kind, including the implied warranties of merchantability and fitness for a particular purpose. We make no warranties that the Website will meet your needs or be uninterrupted, error-free, or secure.

 

11. Limitation of Liability

 

To the fullest extent permitted by law, the Company is not liable for any damages that may occur to you as a result of your use of the Website. The maximum liability of the Company arising from or relating to these Terms is limited to the greater of one hundred ($100) US Dollars or the amount you paid to the Company in the last six (6) months.

 

12. Third-Party Links

 

The Company may post links to third-party websites. You agree that we are not responsible or liable for any loss or damage caused as a result of your use of any third-party services linked from our Website.

 

13. Modification & Variation

 

We may modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Effective Date" at the top. You agree to routinely monitor these Terms, and your continued use of the Website after any modifications constitutes your acceptance of the new Terms.

 

14. Term and Termination

 

We may terminate these Terms with you at any time for any reason, with or without cause. You may also terminate these Terms at any time by ceasing to use the Website. Provisions that by their nature should survive termination shall remain in full force and effect.

 

15. Governing Law and Dispute Resolution

 

These Terms shall be governed by the laws of the State of California.

• a) Arbitration: In case of a dispute arising out of these Terms, the Parties shall first attempt to resolve it personally and in good faith. If these attempts fail, the dispute shall be submitted to binding arbitration in Sacramento County, California. The arbitration shall be conducted by a single arbitrator bound by applicable federal and California state law. The Parties waive any right to a jury trial in regard to arbitral claims. Intellectual property claims by the Company are not subject to arbitration and may be litigated.

• b) Jurisdiction: For any litigation specifically permitted under these Terms, the Parties agree to submit to the personal jurisdiction of the state and federal courts located in Sacramento County, California.

 

16. General Provisions

 

• a) Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire understanding between the Parties.

• b) Severability: If any part of these Terms is held invalid, the remaining parts will be enforced to the maximum extent possible.

• c) Assignment: You may not assign your rights under these Terms. The Company may assign its rights as it sees fit.

• d) No Waiver: Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

 

17. Contact Information

 

For any questions or concerns regarding these Terms, please contact us at: info@modernizepower.com.