Terms and Conditions

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Website Terms of Use

Welcome to our website. The following is a legal agreement (the “Terms of Use”) between you and PWI Construction, Inc., a Nevada corporation, together with our affiliates (the “Company,” “us,” “we”). By accessing, logging in, browsing, inputting information, and/or otherwise using this website (collectively, the “Site”), you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. You also acknowledge to have read, and that you accept and agree to be bound and abide by our Privacy Policy, found here (the “Privacy Policy”). If you do not agree to any of these terms, or to any of the terms of the Privacy Policy, you cannot use, access, log in, browse, input information on this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties.

1. Acceptance of Terms of Use and Site Use/Access.

These Terms of Use and the Privacy Policy constitute the entire and only agreement between us and you, and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the content, products or services provided by or through the Site.

These Terms of Use may be amended at any time by us without specific notice to you. The latest version of these Terms of Use will be posted on the Site, with all changes being effective immediately when posted, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the latest version of these Terms of Use. You are expected to check this page each time you access this Site, so you are aware of any changes, as they are binding on you.

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion, without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

If you provide information through this Site, you agree that all information you provide to, input or register with this Site or otherwise, including, without limitation, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information in a manner consistent with such Privacy Policy.

2. Individuals Under the Age of 18.

This Site is offered and available only to users who are over the age of 18. By using this Site, you represent and warrant that you are over the age of 18 and of legal age to enter into a binding agreement, that you are not barred from using or accessing this Site under the laws of the United States or any applicable jurisdiction, including the laws of the country where you reside and/or use or access the Site. If you do not meet all of these requirements, you must not access or use the Site.

3. Intellectual Property Rights and Copyright.

The Site and all of its contents, features and functionality (including, without limitation, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

All Site material, including, without limitation, text, pictures, content, organization, graphics, design, compilation, files, digital conversion and other matters (collectively, the “Site Material”) is protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights, and is copyrighted material of Company © 2020, ALL RIGHTS RESERVED. The copying, distribution, reproduction, display, download, use, publication, or transmittal of the Site Material for any use, except as specifically allowed by these Terms of Use and in any case without our prior written approval, is strictly prohibited. The posting of information or materials on the Site does not constitute a waiver of any right the Company has in such information and materials. Some of the content on the site may be the copyrighted work of third parties. Any unauthorized use of the material contained on this Site may violate copyright laws, trademark laws, and/or the laws of privacy and publicity.

4. Copyrights and Copyright Agents.

  1. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide to us the following information:
  2. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  3. A description of the copyrighted work that you believe has been infringed;
  4. A description of where the material that you believe is infringing is located on the Site;
  5. Your address, telephone number, and email address;
  6. 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; and
  7. 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.
You can send the information above at info@pwiconstruction.com.

5. Trademarks.

All of our trademarks, service marks, trade names, and logos (the “Trademarks”) used and displayed on this Site are owned or licensed by the Company. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Company, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company. You acknowledge that the Trademarks used and displayed on this Site are and shall remain the sole property of Company or the Trademark owner. Nothing in these Terms of Use shall confer any right in any of the Trademarks to you. Further, nothing in this Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Company or the Trademark owner. The misuse of the Trademarks displayed on this Site, or any other content on the Site, is strictly prohibited.

6. Limited License; Permitted Uses.

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, and non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, and non-commercial purposes, provided that you maintain and abide by all copyright and other policies contained therein. No printout or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances. Except as otherwise expressly permitted by Company, any access or attempt to access other areas of the Company’s computer system for any purpose is strictly prohibited. You agree that
you will not use any device, software or routine to interfere, or attempt to interfere, with the operation of the Site.

7. Restrictions and Prohibitions of Use.

Your license for access and use of the Site and any information, materials or documents contained therein (collectively defined as “Content and Materials”) are subject to the following restrictions and prohibitions on use. You may not: (a) copy, print (except for the express limited purpose otherwise permitted by these Terms of Use), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any content and materials retrieved therefrom; (b) use the Site or any Site Materials to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial  distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third party; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive advertising; or (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any local, state, or federal law or regulation; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

you will not use any device, software or routine to interfere, or attempt to interfere, with the operation of the Site.

8. Reliance on Information Posted.

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any such reliance. This Site may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

9. Linking to/from the Site.

You may not link to this Site without our prior written approval.

If the Site contains links to other sites, these links are provided for your convenience. Such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. We have no control over the contents of those sites or resources, and we are not responsible for them or for any loss or damage that may arise from your use of them. If you access any third-party website linked through this Site, you do so entirely at your own risk. 

10. Third Party Content.

Third party content may appear on the Site or may be accessible via links from the Site.  We are not responsible for, and assume no liability for, any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site or any other Site.  You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

11. Disclaimer and Warranties.

You understand that we cannot and do not guarantee or warrant that use of our Site or the download of any files available from the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR AS A RESULT OF DOWNLOADING OF ANY MATERIAL POSTED ON THE SITE, OR ON ANY SITE LINKED TO IT. THE COMPANY CANNOT AND WILL NOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING ON THIS SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORKS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRICTIVE PROPERTIES.

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR DOWNLOADS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS IN THE SITE WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

12. Limitation of Liability.

  1. As a condition of use of the Site, you agree that neither we, nor any affiliated party, will be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the Site. The limitations set forth in this section apply to our acts, omissions, negligence, and gross negligence and any of our affiliates, parents, subsidiaries, contractors, subcontractors, officers, directors, shareholders, managers, employees, and agents, which, but for this provision, would give rise to a course of action in contract, negligence, equity, or any other legal doctrine.
  2. Without waiving the provisions above under which we will not be liable to you under any circumstances (whether arising by contract, negligence or otherwise), because you and we acknowledge that it would be difficult at this time to calculate any future damages that could be derived by a breach, we and you hereby agree that our aggregate liability arising out of, or relating to, these Terms of Use, our Privacy Policy or your use of our Site, in no case will exceed $100 (“Liquidated Damages”). Specifically, you and we hereby acknowledge that the above Liquidated Damages sum is a fair estimate of your and/or our possible future damages, calculated at this time for your and our convenience to: (i) fairly and reasonably compensate the other in the light of any anticipated or actual harm caused by a breach: (ii) address the difficulties of proof of loss; (iii) address the inconvenience of otherwise obtaining other adequate remedy.

13. Geographic Restrictions.

The owner of the Site is based in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

14. Registration.

Certain sections of, or offerings from, the Site may require you to register.  If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information.  

15. Unlawful Activity.

We reserve the right to investigate complaints or reported violations of these Terms of Use and our Privacy Policy and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

16. Indemnification.

You agree to indemnify, defend and hold harmless us, our licensors, service providers, owners, partners, agents, officers, directors, employees, subcontractors, successors, assigns, attorneys, agents, and affiliates (collectively, “Affiliated Parties”) from any liabilities, judgments, damages, losses, costs, claims, expenses or fees, including reasonable attorney’s fees, arising out of or relating to your violation of these Terms of Use, our Privacy Policy or your use of the Site, any use of the Site’s content, services, and products, other than as expressly authorized in these Terms of Use or our Privacy Policy.

17. Use of Information.

We reserve the right, and you authorize us, to the use provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (each, a “Submission”) will be our property. We will not be required to treat any Submission as confidential. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. 

18. Security Laws.

The Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any securities-related filings or documents.

19. Information and Press Releases.

The Site contains information and press releases about us. We disclaim any duty or obligation to update this information.

20. Legal Compliance.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.

21. Miscellaneous.

The language in these Terms of Use and our Privacy Policy shall be interpreted as to its fair meaning and not strictly for or against any party. Should any part of these Terms of Use or our Privacy Policy be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site. 

PWISLC, LLC. is an independently operated affiliate of PWI Construction, Inc. 

22. Governing Law and Jurisdiction.

We both benefit from establishing a predictable legal environment in which to publish, access and use our Site. By publishing, accessing, and/or using this Site, you agree that all matters arising from or relating to the use and operation of our Site will be governed by the laws of the State of Nevada, without regard to its conflicts of laws principles.  Additionally, you agree that all claims arising from or relating to the operation or use of our Site, and not subject to mandatory Mediation and Arbitration as provided below, will be heard and resolved in any state or federal court located in Clark County, Nevada. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objections to proceeding in such courts.

23. Jury Trial Waiver.

YOU AND THE COMPANY HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING RELATING TO THESE TERMS OF USE, THE SITE OR ANY TRANSACTION ARISING THEREFROM OR CONNECTED THERETO. EACH PARTY REPRESENTS TO THE OTHER THAT THIS WAIVER IS KNOWINGLY, WILLINGLY, AND VOLUNTARILY GIVEN.

24. Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

25. Mandatory Negotiation, Mediation, and Arbitration.

Any dispute, controversy, or claim of any kind or nature arising out of, or in connection with this Agreement or our services, including disputes as to the creation, validity, interpretation, or alleged breach thereof (each a “Dispute”) but excluding any legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be resolved as follows: 

  1. Negotiation. Upon written notice of a Dispute in which such Dispute is described with particularity, the parties shall attempt to resolve it promptly by a good faith negotiation between them (the “Negotiation”) in an effort to resolve the Dispute without the necessity of any formal proceeding related thereto, provided that engaging in Negotiation shall not be deemed to waive, prejudice, or compromise, any of their legal or factual positions concerning the Dispute, and that these resolution discussions shall be considered, and protected, as inadmissible settlement communications;
  2. Mediation. If the Negotiation is not successful within thirty (30) days, then the parties hereby agree that they shall proceed in a mediation (the “Mediation”) with a private neutral to be selected by the parties among the neutrals available through the American Arbitration Association (“AAA”) Mediation program (the “Mediator”) within fifteen (15) days thereafter. The parties hereby agree that the Mediation shall take place in Las Vegas, Nevada within sixty (60) days from the parties’ selection of the Mediator.
  3. Arbitration. If the Mediation is not successful, the Dispute shall be settled by binding arbitration before the AAA in accordance with the AAA’s commercial arbitration rules (the “Arbitration Rules”) to be held in Las Vegas, Nevada.
    1. The Parties agree that the arbitration hearing shall be heard and determined by a panel of three arbitrators.  The AAA shall appoint the three arbitrators as agreed upon by the parties or, if they are unable to agree on appointment, the AAA shall appoint the arbitrators.
    2. The parties agree that the arbitration award shall be the sole and exclusive remedy between the parties regarding any claims, counterclaims, issues or accounting presented to the arbitrators; that the award must be in accordance with the terms and conditions of this Agreement (and where this Agreement is silent as to the requirements of any award, the parties agree that the award must be in accordance with the Arbitration Rules). The arbitrators shall have the non-exclusive authority to award specific performance, an injunction, and/or other equitable relief to the prevailing party, and to grant temporary injunctive relief or other extraordinary, interim, equitable relief, in accordance with governing law providing for the availability of such equitable remedies. The arbitrators shall allow such discovery as is appropriate to the purposes of arbitration and in accomplishing fair, speedy and cost-effective resolution of the Dispute.
    3. Any award thereof shall be final and binding on the parties, and judgment on the award may be entered in and enforced by any court of competent jurisdiction.
    4. Other than an action necessary to enforce the award of the arbitrators, the parties agree that the provisions of this Section are a complete defense to any suit, action or other proceedings instituted in any court or before any administrative tribunal with respect to any Dispute.

26. Contact Us.

If you have any questions about these Terms of Use, please contact us at 1.800.920.9966 or via email at info@pwiconstruction.com.

PWI Construction, Inc. Your project. Our passion.