TERMS OF SERVICE

Effective February 15, 2017

AGREEMENT BETWEEN USER AND COMPANY.

These Terms of Service are provided for websites operated by Power Delivery Intelligence Initiative (“PDi2”, “Company”, “we”, “us” or “our”) found at www.PDi2.org and other domains by which we provide products and services online (collectively “Website”). The Website is offered to you, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (“Terms”) and our Privacy Policy. Your use of the Website constitutes your acknowledgment that you have read and agreed to the Terms. Some of our products and services are subject to additional terms and conditions, or guidelines (“Additional Terms”) (for example, contest, special offers, or custom content). In the event that any provision of the Terms conflict with the Additional Terms, then the Terms shall control.

  1. COMPANY RIGHT TO MODIFY TERMS
  2. You are responsible for regularly reviewing these Terms and our Privacy Policy. Company reserves the right, at its sole discretion, to change, modify, add, remove or terminate any portion of the Website or these Terms, in whole or in part, at any time, without prior notice. All changes to these Terms are effective immediately upon being posted to the Website. Your continued use of the Website following any changes to these Terms will mean you accept these changes.

  3. SITE USE
  4. The Website and other linked pages, features, content, or application services (including without limitation any mobile application services) offered from time to time by Company in connection therewith are owned and operated by Company. Subject to the provisions of these Terms, Company may offer to provide certain services, as described more fully on the Website, that have been selected by you (together with the Website the “Services”), solely for your own use, and not for the use or benefit of any third party. The term “Services” includes, without limitation, use of the Website, special offers, contests and any service Company performs for you, use of Company services through authorized third parties, and the Content (as defined below) offered by Company on the Website. Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content (as defined below). Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Nothing in these Terms transfers any rights to you or any third party except as expressly set forth herein. If you make any use of the Services other than as provided herein, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws, in addition to breaching these Terms, and you may be subject to substantial damages.

  5. MISUSE OF SITE
  6. Company reserves the right to restrict or terminate your access to the Website, including, without limitation, your access to any or all of the Services or your ability to use any Website user ID and/or password, at any time without notice if we believe you have violated these Terms or the Additional Terms, or are likely to violate these Terms or the Additional Terms. Company may also change, suspend, or discontinue any aspect of the publicly available portion of the Website at any time, including the availability of any Website feature, database, or content. Your sole remedy against Company in the event of a dispute arising out of these Terms, the Website, or your use thereof, is to terminate these Terms by ceasing your use of the Website. In the event of termination of these Terms, Company may delete and/or store, in its discretion, your Materials (defined in Section 6) and data associated with your use of the Website.

  7. RESTRICTIONS ON USE
  8. You agree to use the Website only as provided herein. You will not:

    • Transmit to the Website any content, or conduct yourself in any manner, that could be construed as defamatory, libelous, obscene, bigoted, hateful, racially offensive, vulgar, harassing, inflammatory, pornographic, violent, profane, threatening, unfair, inaccurate, deceptive or unlawful, or that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, whether under statute, common law or equitable principles, or otherwise violate any law.
    • Falsify or delete any author attributions, copyright notices or legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or that is provided with the Website materials or accessed through the Website.
    • Use the Website to conduct or forward surveys, contests, pyramid schemes or chain letters.
    • Use the Website to send any bulk commercial email, or send any unsolicited email to any party.
    • Harvest or otherwise collect information about others on the Website, including e-mail addresses.
    • Use the Website or the Services in any manner which could damage, disable, overburden, tamper with, impair, or disrupt the Website or Services, or interfere with any other party’s use and enjoyment of the Website or Services.
    • Use the Website in any manner that could create a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement.
    • Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
    • Violate any code of conduct or other guidelines which may be applicable to any particular Website services.
    • Violate any applicable laws or regulations, including any intellectual property laws or regulations, or violate these Terms.
    • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or of the Website server.
    • Access or attempt to access any other user’s account, or misrepresent or attempt to misrepresent your identity while using the Website, including misrepresentation as a Company agent or representative, or misrepresentation stating or implying our endorsement of you or your product or activity.

  9. INFORMATION DISCLOSURE
    • 5.1 Disclosure under Law

      Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, including personally identifiable information, or to edit, refuse to allow or to remove any information or materials, in whole or in part, in Company’s sole discretion.

    • 5.2 Providing Correct Personal Information

      In the course of using the Website, you may be required to enter certain information, including without limitation personal information (collectively, “Information”). You represent and warrant that you will provide Company with full, true and correct Information, and to update such Information on the Website promptly as reasonably necessary and as required by Company.

  10. MATERIALS
    • 6.1 License in Materials

      Company does not claim ownership of any data, information (both personal or otherwise) or other materials that you enter through the Website (collectively, “Materials”). There are two types of Materials: (a) Materials relating to you and your family that are uploaded for purposes of registering for the Services (collectively, “Account Materials”), and (b) Materials that are uploaded by you for purposes of general dissemination, such as posting images and other content, participating in forums, commenting on the blog, or providing Feedback, defined below (collectively, “General Materials”). By transmitting, uploading, inputting, providing or submitting (collectively, “Submitting” or “Submit”) any Account Materials, you are granting Company, its affiliated companies and sublicensees a non-exclusive, royalty-free, worldwide right to (i) post your Account Materials for your access and use, (ii) make those uses of your Account Materials that are either identified at the time you provide such Account Materials or can reasonably be anticipated by you, (iii) use your Account Materials in the manner specified in the Privacy Policy, and (iv) archive your Account Materials thereafter. Account Materials are only retained by Company as long as reasonably necessary to provide the services for which such Account Materials were submitted. By Submitting any General Materials, you are granting Company, its affiliated companies and sublicensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable and fully sublicenseable license in and to such General Materials for use for any purpose, and confirming that such General Materials are non-confidential and non-proprietary. You hereby waive all rights to any claim against Company Entities (defined below) and any Website users for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with Materials. In the event that you Submit to Company any Account Materials for the purpose of making such materials generally accessible to other Website users, such as for use as part of a content submission, such materials will be deemed General Materials and you grant Company a General Materials license in such materials.

    • 6.2 Feedback

      If you provide Company with Materials such as comments, bug reports, feedback or modifications proposed by you to Company, about the Website, or the goods and/or services provided through the Website (collectively, “Feedback”), then in addition to the license granted in all Materials, Company will have the right to use such Feedback at Company’s discretion, including but not limited to incorporating such Feedback into the Website and the right to assign, license or otherwise use such Feedback. You hereby give Company a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate such Feedback and use such Feedback for any purpose. No compensation will be paid with respect to the use of your Materials.

    • 6.3 Your Responsibility for Materials and Company’s Monitoring Rights

      You agree that you are solely responsible for your own Materials and the consequences of transmitting those Materials. Company has no obligation to monitor you or any other user’s use of the Website. Company reserves the right to review and monitor your use of the Website, including without limitation your use of any user ID and/or password in accessing the Website and any Materials Submitted to or revised on the Website, and to remove any Materials that Company believes in its sole discretion violate these Terms.

  11. REPRESENTATIONS AND WARRANTIES
    • 7.1 User Representations and Warranties

      By using or accessing the Website or Submitting your Materials, you (1) represent and warrant that you own or otherwise control all of the rights to your Materials necessary to grant the licenses granted in these Terms, including, without limitation, all the rights necessary for you to Submit the Materials, and have all right, power and authority to enter into these Terms and to fully perform hereunder, (2) represent and warrant that your use of the Website, Website content and/or Materials does not and will not violate or infringe any third party right, including but not limited to any third party intellectual property right, right of publicity or privacy, right of trade secret or confidentiality, or contractual right, or violate these Terms, Additional Terms, the Privacy Policy or any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject, (3) represent and warrant that you will comply with all applicable laws, contracts and/or agreements, at your sole expense and liability, in connection with your use of or access to the Website, (4) represent and warrant that you will only Submit and use Materials that may be used in accordance with the licenses you have granted herein and (5) agree that Company shall not be liable to you or any third party for accepting or not accepting your Materials or for deleting or not deleting your Materials, in whole or in part.

    • 7.2 Liability Disclaimer

      You acknowledge that Company is not engaged in rendering legal, medical, counseling, or other professional services or advice. We encourage you to seek appropriate professional advice from the appropriate physician or health care professional promptly for any situation or problem that you or a patient may have.

    • 7.3 Forward Looking Statements

      The Website may contain forward looking statements that are subject to risks and uncertainties that might cause actual results to differ from those foreseen. We wish to caution you that these statements are only predictions and those actual events or results may differ materially. Company assumes no obligation, and does not intend to update these forward-looking statements.

    • 7.4 External Links or References

      The Website may contain links or references to other parties’ websites, which links are provided as a convenience to you only. Please be aware that we cannot be and are not responsible for the privacy or other practices of any such outside sites (which sites are not part of the Website), and Company expressly disclaims any and all liability related to such sites and sites relating thereto. Company does not endorse, and is not responsible or liable for, directly or indirectly, any damage or loss caused or alleged to be caused by or in connection with any content, advertising, products or other information on or available from such linked sites or any link contained in a linked site. We encourage our users to consider this if they decide to visit such outside sites and to read the applicable privacy policies and terms of use of each such site.

    • 7.5 Disclaimer of Representations and Warranties

      YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. EFFORTS BY COMPANY TO MODIFY THE WEBSITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. THE WEBSITE, INCLUDING ALL CONTENT, INFORMATION OR SERVICES PROVIDED THROUGH, OR IN CONJUNCTION WITH, THE WEBSITE, ARE PROVIDED “AS IS,” AS A CONVENIENCE TO ALL USERS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES (1) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (2) OF INFORMATIONAL CONTENT OR ACCURACY, (3) OF NON-INFRINGEMENT, (4) OF QUIET ENJOYMENT, (5) OF TITLE, (6) THAT THE WEBSITE WILL OPERATE IN AN ERROR FREE, TIMELY, SECURE, OR UNINTERRUPTED MANNER, IS CURRENT AND UP TO DATE AND ACCURATELY DESCRIBES COMPANY PRODUCTS AND SERVICES, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (7) THAT ANY DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED, OR (8) THAT THE WEBSITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM.

    • 7.6 Disclaimer of Liability

      IN NO EVENT SHALL COMPANY AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, INTERNAL OPERATING UNITS, AFFILIATES, SUBSIDIARIES, SUBLICENSEES, SUCCESSORS AND ASSIGNS, INDEPENDENT CONTRACTORS, AND RELATED PARTIES (COLLECTIVELY, WITH COMPANY, THE “COMPANY ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE SAME, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH OR VIEWED ON THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM COMPANY’S NEGLIGENCE OR GROSS NEGLIGENCE. 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. IN SUCH STATES, LIABILITY OF COMPANY ENTITIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF THE WEBSITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE WEBSITE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY. THIS INDEMNIFICATION SHALL APPLY TO THIRD PARTY CLAIMS AS WELL AS CLAIMS BETWEEN THE PARTIES.

  12. INDEMNIFICATION
  13. You will indemnify, defend (or settle) and hold harmless Company Entities from all claims, actions, proceedings, losses, settlements, judgments, liabilities, suits, damages, disputes or demands, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, and including reasonable attorneys fees and all other costs, fees, and expenses (collectively, “Claims”) against any of Company Entities to the fullest extent permitted by law arising out of or in connection with (1) your conduct, provision of content or use of the Website, or such actions by any third party through you, (2) your violation of the rights of another person or party, (3) any Materials provided or made available by you, and (4) any breach or violation by you of your obligations under these Terms, including without limitation any breach of your representations and warranties herein. You will not settle any indemnified claim without the prior written consent of Company, such consent not to be unreasonably withheld. In connection with any Claims that may give rise to your indemnification obligations as set forth above, Company Entities shall have the exclusive right, at their option, to defend, compromise and/or settle the suit, action or proceeding, and you shall be bound by the determination of any suit, action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this Section are not exclusive of and do not limit any other remedies that may be available to Company Entities pursuant to this Section.

  14. YOUR ACCOUNT
    • 9.1 Security of Account and Password

      In the event you establish an account and receive or establish a password for such account, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You accept full responsibility and liability for all activities that occur under your account or password. Company reserves the right to refuse service, terminate accounts, or remove content in its sole discretion. You represent and warrant that the information you supply during any registration or update process will be accurate and complete and that you will not (1) impersonate or misrepresent your association with any person or entity including without limitation registering under the name of another person, or seek to conceal or misrepresent the origin of any content or information provided by you, (2) choose a user name that Company in its sole discretion deems inappropriate, or (3) choose a user name for the purposes of deceiving or misleading Company as to your true identity. You agree not to impersonate any other person.

    • 9.2 Notification of Unauthorized Use/Ceasing Access

      You shall notify Company immediately of any unauthorized use or threat of unauthorized use of your account on the Website or of any other breach or potential breach of security known to you with respect to your account or the Website, including without limitation any loss or compromise of any password, and will cooperate with Company in every reasonable way to help Company prevent the further unauthorized use, threat of unauthorized use, disclosure or threat of disclosure regarding the Website, your account and/or your password. You agree that immediately upon termination of your right to use the Website or any password-protected portion of the Website, or upon any earlier demand by Company at any time, you will cease all access and/or use of the Website or such password protected portion of the Website, and will not attempt to access and/or use same.

  15. CONFIDENTIALITY
  16. You acknowledge that by use of portions of the Website, you may use and you may acquire Company Confidential Information. As used herein, “Confidential Information” means all confidential and/or proprietary information and trade secrets of Company, whether or not memorialized, and in any form or media, regarding Company or Company’s business, including without limitation those relating to Company’s intellectual property, technology, research and development, systems, software, business plans, business operations, strategies, financial information, technical information, customers, customer lists, suppliers, operating policies and procedures, and any third-party information that Company is required to keep confidential where such information is not generally accessible without a password. “Confidential Information” includes any account passwords. You shall not at any time, directly or indirectly, for any purpose, use, copy or disclose to any other person or entity any Confidential Information, or permit others to do so, other than for the purposes expressly allowed hereunder. Company may seek and obtain injunctive relief against the release or threatened release of Confidential Information, in addition to any other available legal remedies. You shall notify Company immediately if you learn of any unauthorized possession or use of the Confidential Information and will promptly furnish all details of such possession or use to Company.

  17. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
    • 11.1 Site Ownership

      The Website and all content, organization, graphics, design, compilation, translation, and other matters related to the Website (collectively, “Content”) are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights pursuant to international conventions and U.S. and other laws. The Website and all Content is the property of Company and/or third party licensors, and all right, title and interest in and to the Website and Content will remain with Company or such third party licensors. Other product and names mentioned herein may be the trademarks of their respective owners. You do not acquire ownership rights to the Website or any Content other than any rights in the Materials that you may have. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content. You will not modify, adapt, translate, reverse engineer, decompile, or disassemble the Website or any the Website content. You may only use the Website and the Content as expressly permitted herein, and any other use is prohibited. Any copying, republication, or redistribution of the Website or Website content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of Company and/or the respective intellectual property rights holder identified in the subject content, which consent to be granted or withheld at the sole discretion of the rights holder.

    • 11.2 Copyright Infringement Claims

      Company respects the intellectual property rights of others and expects our users to do the same. We reserve the right to terminate your access to the Website if we find that you submitted third party content to the Website without the written authorization of the copyright owner.
      If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s Designated Copyright Agent, identified below, with all information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, summarized as follows: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online website is covered by a single notification, a representative list of such works at that website; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party; (5) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (7) any other materials or information as may be required under the DMCA as amended from time to time or by the U.S. Copyright Office.

    • 11.3 Designated Copyright Agent

      Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to Company Designated Copyright Agent using the following contact information:

      • Agent Name: PDi2 Copyright Agent Tel: 616-997-6235
        Email: info@PDi2.org
      • Postal Address:
        PDi2
        7048 Leonard Street Coopersville, Michigan 49404 Attn: PDi2 Copyright Agent
      • ALL INQUIRIES TO THE COPYRIGHT AGENT NOT RELATED TO A COPYRIGHT INFRINGEMENT CLAIM WILL RECEIVE NO RESPONSE.

    • DISPUTE RESOLUTION (ARBITRATION CLAUSE)
      • 12.1 Binding Arbitration

        You and Company each agree to submit to binding arbitration in the event of a dispute, controversy or claim (each, a “Dispute”) arising out of or in connection with these Terms or the breach, termination, enforcement, interpretation or validity thereof (including the determination of the scope or applicability of these Terms to arbitrate), your or Company’s rights and obligations under these Terms, the Website, the use of the Website, and/or the information, services and/or products that may be provided by or through or in connection with the Website. The arbitration will be held in Coopersville, Michigan before one arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a dispute as a class action. You also expressly waive your right to a jury trial. The arbitration will be administered by JAMS (www.jamsadr.com). You may obtain a copy of the rules of JAMS by contacting the organization. You and Company shall agree on one arbitrator to conduct the arbitration. In the event the parties cannot agree on an arbitrator, the arbitrator will be selected in accordance with the JAMS rules. Each party shall be responsible for its own attorney, expert and other fees, unless such fees are awarded by the arbitrator to the prevailing party. Notwithstanding anything to the contrary in this Section, to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights, Company may seek (and you will not contest) injunctive or other appropriate relief in any local or federal court in Grand Rapids, Michigan and you consent to exclusive jurisdiction and venue in such courts.

      • 12.2 Arbitration Final

        The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state law concerning arbitration, governs all arbitration under this clause. Any court having jurisdiction may enter judgment on the arbitrator’s award. If any part of this clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, such non-enforceability shall apply to such person or persons only, and all other persons shall continue to be governed by the Arbitration Clause.

      • 12.3 Giving Up Right of Class Action

        These Terms provide that all Disputes will be resolved by binding arbitration and not in court or by jury trial. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST COMPANY ENTITIES INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN ANY STATE STATUTE.

      • 12.4 California Residents

        If you are a California resident, to the extent permitted by California law, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor” as well as any other unknown claims under California Civil Code Section 1542 or any statute or common law principle of similar effect.

    • CHOICE OF LAW; JURISDICTION AND VENUE; WAIVER OF JURY TRIAL
    • To the maximum extent permitted by law, these Terms are governed by the laws of the United States of America and the State of Michigan, excluding any law or conflicts of law principle that would apply the law of another jurisdiction. To the extent a Dispute is not governed by the Arbitration Clause, you hereby consent to the exclusive jurisdiction and venue of state or federal courts in Grand Rapids, Michigan in all disputes arising out of or relating to the use of the Website or under these Terms; provided, however, that in the event Company is sued or joined by a third party in any other court or in any other forum in respect of any matter which may give rise to a claim by Company hereunder, you consent to the jurisdiction of such court or forum over any claim which may be asserted by Company therein. You irrevocably consent to the exercise of personal jurisdiction by such courts in any such action. In addition, and notwithstanding the foregoing, you irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment in any such suit, action or proceeding brought in any such court shall be conclusive and binding upon you and may be enforced in any court in which you are subject to a jurisdiction by a suit upon such judgment. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. To the extent a claim is not governed by the Arbitration Clause, Company and you each hereby waive the right to a trial by jury in any court and in any suit, action or proceeding, whether in tort, contract, or otherwise, in which any such party is a party, as to any claim arising out of or in connection with these Terms, your or Company’s rights and obligations under these Terms, the Website, use of Website, and/or the services and/or products that may be provided by or through or in connection with the Website.

    • MISCELLANEOUS
      • 14.1 Viewing, Accessing and Use Outside the United States

        If and when any products or services referenced on the Website become available, they will become available in the United States and may not become available elsewhere. Company makes no claims that the Website or any products or services referenced therein may be lawfully viewed, accessed or used outside the United States. Access or use of the Website or any products or services referenced therein may not be legal by certain persons or in certain countries. If you access or use the Website from outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

      • 14.2 No Joint Venture

        You agree that no joint venture, partnership, employment or agency relationship exists between you and Company as a result of these Terms or your use of the Website.

      • 14.3 Headings

        Section headings and other captions in these Terms are used solely for the convenience of the parties, have no legal or contractual significance, and shall not be used in interpreting, construing or enforcing any of the provisions of these Terms.

      • 14.4 Survival

        The provisions of the following sections shall survive any termination or expiration of these Terms: Disclosure Under Law, Materials, User Representations and Warranties, Disclaimers, Indemnification, Confidentiality, Copyright and Other Intellectual Property, Dispute Resolution (Arbitration Clause), Choice of Law; Jurisdiction and Venue; Waiver of Jury Trial, and Miscellaneous.

      • 14.5 No Waiver

        The failure of Company to enforce any provision of these Terms will not be construed as a waiver or limitation of Company’s right to subsequently enforce and compel strict compliance with that provision or any other provision of these Terms.

      • 14.6 Assignment

        No assignment, delegation or other conveyance of these Terms may be made by you (by operation of law or otherwise) without the prior written consent of Company, to be given in its sole discretion. Company may assign its rights and obligations hereunder to any other party.

      • 14.7 Statute of Limitations

        Any cause of action you may have with respect to your use of the Website must be commenced within one year after the claim or cause of action arises; thereafter, any such claim will be forever barred, without regard to any contrary legislation.

      • 14.8 Agreement Binding

        In the event that any provision of these Terms is deemed to be unenforceable, said provision will be interpreted to reflect the original intent of the parties in accordance with applicable law, and the remainder of these Terms of Use will continue in full force and effect.

      • 14.9 Notices

        Notices to Company under these Terms of Use shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial rapid delivery courier service, or mailed, postage or charges prepaid, by certified or registered mail, return receipt requested, to Company, with such notices being effective as of the date of actual, confirmed receipt by Company. Notices to you are deemed effective if sent to the email, fax, mail address or other contact information provided by you, and are deemed effective upon the earlier of being confirmed received or one day after having been sent.

      • 14.10 Entire Agreement; Language of Agreement

        These Terms of Use, including the Website Privacy Policy, contain the entire agreement between you and Company with respect to the Website. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Company with respect to the Website. Any rights not expressly granted herein are reserved. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use 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 of the parties that these Terms of Use and all related documents be drawn up in English.

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Ivan Jovanovic

Managing Director, Cable Accessories Business Unit (CABU)
G&W Electric
Associate Member, PDi2

Ivan has global responsibility for MV and HV cable accessory product lines for G&W Electric Company, a specialized manufacturer and marketer of high-voltage electrical equipment for distribution and transmission networks. His responsibility includes leading product management, marketing, R&D and engineering for the CABU. With nearly 20 years at G&W Electric, Ivan has also served as General Manager, Cable Accessories Engineering Department; and Product Development Engineer. Previously to joining G&W Electric, Ivan was a Research Engineer for the Nikola Tesla Electrical Engineering Institute in Belgrade, Serbia. He received a Master of Science in Electrical Engineering from the University of Belgrade, and an MBA from Loyola University Chicago. Ivan also leads IEEE and CIGRE working groups and is Chairman of IEEE 48/404 Standard for transmission CA; and is the US member in IEC 62271-209 Standard for cable connections to Gas Insulated Switchgear.

Jeff Killin

Vice President of Engineered Products, Forterra
Associate Member PDi2

Jeff Killin, is the Vice President of Engineered Products for Forterra, a leading manufacturer of precast concrete pipe, structural, and specialty products. Working with Forterra’s Engineered Products team, Jeff is responsible for the commercialization and market development of Forterra’s engineered precast concrete products, including the recently introduced RED-E-DUCT™ precast electrical duct bank system. In this role, he and the Engineered Products team work to ensure that Forterra’s precast products meet the complex design and performance requirements demanded by multi-billion-dollar oil/gas, energy, and other industrial projects.

Mr. Killin is a 30-year veteran of the concrete and pipe products industry who has led commercial, engineering, manufacturing, management, and sales efforts, working with large, national engineering, procurement, and construction (EPC) firms. He has held management and executive positions at Forterra, Hanson and Price Brothers Company.

Rachel Mosier

Principal Engineer and Vice President
Power Delivery Consultants, Inc.
Associate Member, PDi2

Rachel Mosier, Principal Engineer and Vice President of Power Delivery Consultants, Inc. (PDC) joined the organization in 2006 and specializes in underground (UG) cable system design, specification, installation, operation, and maintenance. She is responsible for engineering analysis, specification and bid review for UG cable projects both for utilities and architect-engineers. Ms. Mosier has in-depth experience performing cable factory audits, has reviewed publications, conducted technical and economic studies, and prepared and given testimony in utility hearings. She also is experienced in failure analysis and subsequent cause determination and mitigation. Prior to joining PDC, Ms. Mosier worked as an engineer with Northeast Utilities Service Company (now Eversource) where she planned, coordinated and performed engineering assignments related to the design, construction and operation of underground distribution and transmission systems. Ms. Mosier is a Senior Member of the IEEE, its Power & Energy Society and Standards Association. She served as the longest standing chair of the IEEE Insulated Conductor Committee (ICC), and is an active member of several working groups within ICC and CIGRE. Ms. Mosier also served as a utility advisor on several EPRI projects and was a member of the AEIC Cable Engineering Committee. Ms. Mosier has a BS in Engineering from the University of Connecticut and an MS in Power Systems Management from Worcester Polytechnic Institute.

Mathew Raymond

Underground Transmission Division Manager
Haugland Energy LLC
Associate Member, PDi2

Mathew Raymond, Underground Transmission Division Manager, has over 12 years of field experience in the construction industry, and has worked in all phases of construction including project management, business development, estimating, project scheduling, costing, budgeting, supervision and claims/change order processing. Prior to moving over to Haugland Energy in 2015, Mr. Raymond worked for 2 years with ABB and 6 years with CB&I. He has worked in the capacity of Project Manager, Process Manager, Contracts Specialist, and Business Development, accumulating a list of notable project achievements for clients including: PSE&G, PSE&GLI, Deep Water Wind, NYPA, NSEG, GEMMA Power, NRG, and Georgia. Mr. Raymond has a Masters Certificate in Government & Commercial Contract Management from Villanova University and a BA in Political Science (Pre-Law) from Coastal Carolina University.

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Brent Richardson

Marketing Development Manager, North America - DOW
Voting Member PDi2

Brent represents Dow’s Wire & Cable business to the utility industry in North America. Prior to joining Dow in May of 2007, Brent worked for nearly 25 years for Duke Energy in Charlotte, NC. His experience includes many components of the utility business including Field Engineering, Distribution Standards, Project and Product Management and Marketing. He received a BS in Electrical Engineering from Virginia Tech and is a registered Professional Engineer in NC and SC. He is also a Senior Member of the IEEE and the Insulated Conductors Committee and has made numerous presentations to the IEEE, the ICC and other industry organizations. In the ICC, Brent serves as Chair of Discussion Group A14D –Cable Standards and Vice Chair of Subcommittee A-Cable Construction and Design.

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Ben Lanz

Director of Applications Engineering, IMCORP
Vice-chairman/Voting Member PDi2

After 20 years in the power cable industry, Mr. Lanz currently holds the position of Director of Applications Engineering at IMCORP and has technical oversight of power cable life cycle consulting. He is a Senior Member of the IEEE Power & Energy Society, a voting member of the IEEE Standards Society, and a member of the IEEE Dielectrics and Industrial Applications Societies. He has served as Chairman of the Insulated Conductors Committee (ICC) technical committees responsible for cable testing, cable reliability and surge arresters, Chairman of the American Wind Energy Association (AWEA) O&M Balance of Plant technical subcommittee, a UL technical study committee member for MV and HV DC cables and is a reviewer and voting pool member for InterNational Electrical Testing Association (NETA) standards. Mr. Lanz received his electrical engineering degree from the University of Connecticut (UCONN) under mentorship of Director of the Institute of Material Science Electrical Insulation Research Center (EIRC), Dr. Matthew Mashikian. He has published over a dozen papers on power system reliability, asset management, and diagnostics and regularly presents on the topics.

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David Lindsay

Marketing Manager – Energy Borealis Compounds, Inc.
Chairman/Voting Member PDi2

David Lindsay is currently Marketing Manager for the Energy business of Borealis Compounds, Inc. in North America. He has over 20 years in the US wire and cable business, working at manufacturers, non-profit organizations and electrical contractors. His experiences range from research and product development, to manufacturing, construction and installation of EHV cable systems. At Borealis he is responsible for customer and end-use marketing, and strategic planning of all wire and cable related product lines.

David serves on the NEETRAC Advisory Board, is actively involved in IEEE Insulated Conductor Committee and is past US representative to Cigré SC B1. He holds a Bachelors of Materials Engineering from the Georgia Institute of Technology and Masters of Business Administration from the University of West Georgia.

Brian Hunter

Regional Manager
TT Technologies, Inc
Associate Member PDi2

Brian Hunter is a regional manager with TT Technologies, Inc., a trenchless equipment manufacturer based out of Aurora, Illinois. He has been successfully managing the sales and service of this equipment in the southeast US for nearly 21 years. He is a graduate of Clemson University with a bachelor’s degree in mechanical engineering. He is a member of various underground utility organizations such as NUCA, NASTT, SGA, SCRWA, NCRWA, ASCE, AREMA, ICC, NCAWWA-WEA, & SCAWWA-WEA. Brian was recently a key partner in the successful pilot underground steel pipe replacement project involving EPRI, PDC, & ATC. This underground pipe replacement process (pipe splitting) will significantly reduce the amount of excavation and time needed to replace current pipe-type cable steel lines with a new larger host pipe. Brian looks forward to contributing his extensive underground knowledge with Power Delivery Intelligence Initiative (PDi2 ).
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Nathan Rochel

Department Manager, T&D
Burns & McDonnell
Partner Member PDi2

Nathan Rochel is an electrical engineer specializing in the design of underground transmission lines and managing the underground transmission team at Burns & McDonnell Engineering. Throughout his 10-year career in underground transmission, he has been involved in the design and/or construction of underground transmission projects ranging from 15-kV through 500-kV. These projects include multiple cable technologies including HPFF, HPGF, EPR, XLPE and HVDC cables. Mr. Rochel’s experience includes projects in major metropolitan areas for clients throughout North and South America.

John W. Fluharty, II

Quanta Services Inc.
Partner Member PDi2

John W Fluharty, II is currently working as part of Quanta Services, Inc.’s (Quanta) underground cable group that performs large underground electrical projects.

Previously Mr. Fluharty was Vice President of Mears Group, Inc. (Mears) a subsidiary of Quanta Services, Inc. He was an owner of Mears until its sale to Quanta in 2000. He managed every division in the company and at the end of his tenure with Mears he focused on business development, asset management, safety and operations for large projects.

Mr. Fluharty is a board member of the Power and Communications Contractor Association (PCCA), and the American Pipeline Contractors Association (APCA).

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Matt Spalding

President, IMCORP
Director PDi2

With more than 30 years experience in the power industry, Mr. Spalding was named President of IMCORP in January 2018. He previously held positions of VP Sales & Marketing and VP Business Development. Prior to joining IMCORP, Spalding held a variety of positions at ABB, TE Connectivity, Tyco International (Raychem), and El Paso Electric. He has been very active in industry professional associations including IEEE and NEETRAC and holds 14 US patents related to power products including MV/HV insulators, substation animal mitigation devices, power connectors, HV cable designs and cable accessories. Mr. Spalding holds a BSEE degree from New Mexico State University with post-graduate studies in Engineering Economic Systems at Stanford University.

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Terri Howe, APR

Owner/Principal - Howe Marketing Communications LLC
Secretary/Treasurer, Marketing Counsel PDi2

Terri Howe, APR is Owner and Principal of Howe Marketing Communications LLC, a virtual, full-service advertising and public relations firm located in Grand Rapids, Michigan (Coopersville). HMC specializes in servicing local, regional, national and global business-to-business accounts and has been recognized with several local and regional advertising and public relations awards. Terri has 30 years’ experience in the marketing communications field, is a past president and board member of the West Michigan Public Relations Society of America (WMPRSA), is an executive committee member of PRSA’s Counselors Academy and has served as an adjunct professor in the School of Communications at Grand Valley State University. Terri is the secretary, treasurer and marketing counsel for the Power Delivery Intelligence Initiative.

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Nathan Kelley

Vice President, High Voltage Cables and Systems Business Unit - Prysmian
Voting Member PDi2

Nathan Kelley is currently Vice President, High Voltage Cables and Systems Business Unit. Since joining Prysmian Cables and Systems in 1997, Mr. Kelley has been involved with research, design, installation and sales of High Voltage and Extra High Voltage power cable systems. From 2002 until 2015, he managed the engineering team responsible for the High Voltage Business Unit’s activities and actively participated in many of the largest HV cable projects ever conducted in North America. Mr. Kelley was raised in Indiana, but received his BS in Mechanical Engineering from Duke University in 1995 and his MS in Mechanical Engineering from Georgia Institute of Technology in 2002.