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PoleHawk Terms of Service

INTRODUCTION

PoleHawk is an online geospatial data platform, uniquely tailored to the electrical utility industry's needs. Unless otherwise noted, all references to PoleHawk shall include any content, data or software related to the PoleHawk platform found online at www.PoleHawk.com. PoleHawk is offered to you as the licensee (hereinafter known as “you” or “your”) on the condition of your acceptance and agreement without modification of the terms, conditions, and notices contained herein and hereinafter know as the "AGREEMENT". This AGREEMENT is made between you and the licensor, manager, owner and developer of PoleHawk, Wiggins Family LLC, dba. Wiggins Tech including its directors, officers, employees or agents (hereinafter known as “we”, “us” or “our”) Please read this AGREEMENT carefully and keep a copy of it for your reference.

 

PRIVACY

Your use of www.PoleHawk.com is subject to our PRIVACY POLICY which can be found on the www.PoleHawk.com website. Please review our PRIVACY POLICY, which also governs the site and informs users of our data collection practices.

 

ELECTRONIC COMMUNICATIONS

You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on PoleHawk, satisfy any legal requirement that such communications be in writing.

 

YOUR ACCOUNT

If you use PoleHawk, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and your agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account. We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES

www.PoleHawk.com may contain links to other websites ("linked sites"). The linked sites are not under our control we are not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators. Certain services made available via PoleHawk are delivered by third party sites and organizations. By using any product, service or functionality originating from PoleHawk, you hereby acknowledge and consent that we may share such information and data with any third party with whom we has a contractual relationship to provide the requested product, service or functionality on behalf of PoleHawk users and customers.

 

NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use PoleHawk strictly in accordance with this AGREEMENT. As a condition of your use of PoleHawk, you warrant to us that you will not use PoleHawk for any purpose that is unlawful or prohibited by this AGREEMENT. You may not use PoleHawk in any manner which could damage, disable, overburden, or impair PoleHawk or interfere with any other party's use and enjoyment of PoleHawk. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for by PoleHawk.

 

RESTRICTION ON TRANSFER

Without first obtaining the express written consent from us, you may not assign your rights and obligations under this AGREEMENT, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to PoleHawk.

 

RESTRICTION ON USE

You may not decompile, reverse-engineer, disassemble, or otherwise attempt to derive the PoleHawk source code. You may not use or access the database portion of PoleHawk in a manner not intended for use.

 

RESTRICTION ON ALTERATION

You may not modify PoleHawk or create any derivative work of PoleHawk or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of PoleHawk. You may not reproduce the database portion or create any tables or reports relating to the database portion of PoleHawk.

 

RESTRICTIONS ON COPYING

You may not copy any part of PoleHawk except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium.

 

INTERNATIONAL USERS

PoleHawk is controlled, operated and administered by us from our offices within the USA. If you access PoleHawk from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the PoleHawk content accessed through www.PoleHawk.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

DISCLAIMER OF WARRANTY AND LIABILITY

Unless otherwise explicitly agreed to in writing, we make no warranties either expressed or implied, in fact or in law, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose other than as set forth in this AGREEMENT or in any limited warranty documents provided by us. There is no warranty that PoleHawk will meet your requirements or operate under your specific conditions of use. There is no warranty that operation of PoleHawk will be secure, error free, or free from interruption. You must determine if PoleHawk sufficiently meets your requirements for security and uninterruptability. You bear sole responsibility and all liability for any loss incurred due to failure of the software product to meet your requirements. We will not, under any circumstances, be responsible or liable for the loss of data on any computer or information storage device. Under no circumstances shall we be liable to you or any other party for indirect, consequential, special, incidental, punitive, or exemplary damages of any kind (including lost revenues or profits or loss of business) resulting from this AGREEMENT, or from the furnishing, performance, installation, or use of PoleHawk, whether due to a breach of contract, breach of warranty, breach of security or the negligence of us or any other party, even if we are advised beforehand of the possibility of such damages. To the extent that the applicable jurisdiction limits our ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted. Furthermore, you agree to indemnify and hold us harmless from all claims, judgments, liabilities, expenses, or costs arising from but not limited to mistakes, loss of data, loss of revenue, down time, acts or omissions or non-intentional breach of this AGREEMENT.

 

INDEMNIFICATION

You agree to indemnify, defend and hold us, our officers, our directors, our employees, our agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this AGREEMENT or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

 

LIMITATION OF REMEDIES AND DAMAGES

Your remedy for a breach of this AGREEMENT or of any warranty included in this AGREEMENT is repair, correction or account cancellation and subscription refund. Choice of whether to repair, correct or refund shall be solely at our discretion. If we are unable to provide a sufficient repair or correction, your sole alternate remedy shall be a refund of the remaining subscription price for your PoleHawk subscription if applicable.

 

LIABILITY DISCLAIMER

The information, software, products, and services included in or available through PoleHawk may include inaccuracies or typographical errors. Changes are periodically added to the information herein. We may make improvements and/or changes to PoleHawk at any time. We make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on PoleHawk for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. We hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by applicable law, in no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if we have been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

 

LIMITATION OF REMEDIES AND DAMAGES

Your remedy for a breach of this AGREEMENT or of any warranty included in this AGREEMENT is repair, correction or account cancellation and subscription refund. Choice of whether to repair, correct or refund shall be solely at our discretion. If we are unable to provide a sufficient repair or correction, your sole alternate remedy shall be a refund of the remaining subscription price for your PoleHawk subscription if applicable.

 

SEVERABILITY, TERMINATION/ACCESS RESTRICTION

If any provision of this AGREEMENT shall be held to be invalid or unenforceable, the remainder of this AGREEMENT shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws. We reserve the right, at our sole discretion, to terminate your access to PoleHawk and the related services or any portion thereof at any time, without notice.

 

CHANGES TO THIS AGREEMENT

We reserve the right to change this AGREEMENT from time to time. We will notify you about significant changes to this AGREEMENT by sending a notice to the primary email address specified in your account, by placing a prominent notice on our application, and/or by updating any privacy information. Your continued use of PoleHawk after such modifications will constitute your acknowledgment of the modified AGREEMENT and agreement to abide and be bound by that AGREEMENT. The most current version of this AGREEMENT  will supersede all previous versions and we encourage you to periodically review the AGREEMENT to stay informed of our updates.

 

GOVERNING LAW

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Oregon and you hereby consent to the exclusive jurisdiction and venue of courts in Oregon in all disputes arising out of or relating to the use of PoleHawk. Use of PoleHawk is unauthorized in any jurisdiction that does not give effect to all provisions of this AGREEMENT, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this AGREEMENT or use of PoleHawk. Our performance of this AGREEMENT is subject to existing laws and legal process, and nothing contained in this AGREEMENT is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of PoleHawk or information provided to or gathered by PoleHawk with respect to such use. If any part of this AGREEMENT is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the AGREEMENT shall continue in effect. Unless otherwise specified herein, this AGREEMENT constitutes the entire AGREEMENT between the you and us with respect to PoleHawk and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to PoleHawk. A printed version of this AGREEMENT and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this AGREEMENT and all related documents be written in English.

 

CONTACT US

WE welcome your questions or comments regarding PoleHawk and or this AGREEMENT. If you have questions, comments or concerns, please contact us via one of the methods listed below:

 

ADDRESS: Wiggins Family LLC, 15951 Camino De Oro, La Pine, OR 97739

EMAIL: Info@WigginsTech.com or Support@PoleHawk.com

PHONE: (541)-639-9868

 

This AGREEMENT effective as of January 01, 2023

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