Last Updated: [12, 02, 2024]
These Terms and Conditions (“Terms”) govern your access to and use of the website, content, chat services, and marketing materials provided by American Power Engineers, LLC / Inc. (“American Power Engineers,” “we,” “our,” or “us”), including the website located at americanpowerengineers.com (the “Website”).
By accessing or using the Website or engaging with our services or marketing materials, you agree to be bound by these Terms. If you do not agree, please discontinue use of the Website.
1. Use of the Website
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for lawful purposes related to evaluating or engaging our engineering services. You agree not to:
- Use the Website in any way that violates applicable federal, state, provincial, or local law
- Attempt to gain unauthorized access to any portion of the Website, our systems, or related networks
- Use automated means (bots, scrapers, or crawlers) to access or extract content from the Website without our prior written consent
- Interfere with or disrupt the operation of the Website or servers connected to it
- Use any content from the Website to train, fine-tune, or benchmark artificial intelligence or machine learning models without our prior written consent
We reserve the right to restrict or terminate your access to the Website at our discretion, without notice, for conduct that violates these Terms.
2. No Professional Engineering Advice
Important Legal Disclaimer: The information provided on this Website including blog articles, guides, calculators, toolbox resources, and any chatbot or automated responses is provided for general informational and marketing purposes only. Nothing on this Website constitutes, and should not be relied upon as, professional engineering advice, a professional engineering opinion, or a substitute for services performed by a licensed Professional Engineer (PE) under a signed engineering services agreement.
Power system studies, substation design, interconnection engineering, NERC compliance analysis, and related deliverables require project-specific data, site conditions, and a formal engagement with our firm. Any calculators or tools made available on this Website (including, without limitation, the Three-Phase Power Calculator and Power Factor Correction Calculator) are provided for general educational reference only and must not be used as the sole basis for engineering, design, procurement, or construction decisions. Always consult a licensed Professional Engineer regarding your specific project before taking any action.
We encourage you to contact our team to discuss your project and scope a formal engagement.
3. Engineering Services and Engagements
These Terms govern use of the Website only and do not constitute an offer or agreement to provide engineering services. Any power system studies, substation design, interconnection engineering, NERC compliance support, owner’s engineer services, or other professional services American Power Engineers provides to a client are governed exclusively by a separate, signed engineering services agreement, proposal, or contract between American Power Engineers and that client, which will set out project scope, deliverables, fees, schedule, liability terms, and applicable professional standards of care.
In the event of any conflict between these Terms and a signed services agreement, the signed services agreement controls with respect to the applicable engagement.
4. Intellectual Property
All content on the Website — including text, graphics, logos, diagrams, guides, calculators, source code, and other materials (collectively, “Content”) — is owned by or licensed to American Power Engineers and is protected by applicable copyright, trademark, and other intellectual property laws. Except as expressly permitted under these Terms, you may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, or transmit any Content without our prior written consent.
Engineering deliverables, drawings, studies, and reports produced for a specific client under a signed services agreement are governed by the intellectual property and ownership terms of that agreement, not by these Terms.
5. User Submissions
If you submit information to us through a contact form, proposal request, newsletter sign-up, or similar means, you represent that the information you provide is accurate and that you have the authority to share it. We will handle information you submit in accordance with our Privacy Policy.
6. Links to Third-Party Websites
The Website may contain links to third-party websites, resources, or services that are not owned or controlled by American Power Engineers, including industry standards bodies, ISO/RTO portals, and referenced publications. We do not endorse and are not responsible for the content, accuracy, privacy practices, or terms of use of any third-party site. Access to any linked third-party site is at your own risk.
7. Disclaimer of Warranties
The Website and all Content are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy of content. We do not warrant that the Website will be uninterrupted, secure, or error-free, or that any defects will be corrected.
8. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall American Power Engineers, its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including lost profits, lost data, or business interruption — arising out of or related to your access to or use of (or inability to use) the Website, even if we have been advised of the possibility of such damages. This limitation does not apply to liability arising under a separate, signed engineering services agreement, which is governed by the terms of that agreement.
9. Indemnification
You agree to indemnify, defend, and hold harmless American Power Engineers and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your use of the Website, your violation of these Terms, or your violation of any rights of a third party.
10. Modifications to These Terms
We reserve the right to update, modify, or replace these Terms at any time at our sole discretion. Changes will be posted on this page with an updated “Last Updated” date. Your continued use of the Website following any changes constitutes your acceptance of the revised Terms. We encourage you to review this page periodically.
11. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of United States of America, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the state and federal courts located in USA, and you consent to the personal jurisdiction of such courts. (If you prefer binding arbitration in place of court jurisdiction, we can revise this section to match — let us know which approach your counsel prefers.)
12. Severability
If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms remain in full force and effect.
13. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and American Power Engineers regarding use of the Website and supersede any prior agreements or understandings regarding the Website. These Terms do not supersede any separate, signed engineering services agreement between American Power Engineers and a client.
14. Contact Information
If you have questions about these Terms and Conditions, please contact us:
American Power Engineers Attn: Terms and Conditions Email: info@americanpowerengineers.com Contact Us