Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Powerdrive Thermal (“Company,” “we,” “our,” or “us”), governing your access to and use of the powerdrivethermal.com website and related services (collectively, the “Services”).

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.

2. Eligibility

Age Requirement

You must be at least 18 years of age to use our Services. By using our Services, you represent and warrant that you are at least 18 years old.

Business Use

Our Services are intended for business and professional use. By using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

Geographic Restrictions

Our Services are operated from the United States. We make no representation that our Services are appropriate or available for use in all locations. Access from jurisdictions where the content is illegal is prohibited.

3. Description of Services

Powerdrive Thermal provides information about our waste heat recovery technology, including:

• Technical specifications and documentation
• Product information and applications
• Company background and credentials
• Contact and inquiry submission capabilities
• Access to research materials and investment information

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without notice.

4. User Accounts and Registration

Account Creation

Certain features of our Services may require you to register for an account or provide contact information. When creating an account or submitting information, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities under your account

Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including violation of these Terms.

5. Acceptable Use

Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms. You agree to use our Services:

• In compliance with all applicable laws and regulations
• For legitimate business inquiries and information gathering
• In a manner that does not infringe upon the rights of others
• Without attempting to disrupt or compromise our Services

Prohibited Activities

You agree NOT to:

Technical Restrictions

• Access or attempt to access systems or data without authorization
• Interfere with or disrupt the integrity or performance of our Services
• Attempt to bypass security measures or authentication mechanisms
• Use automated systems (bots, scrapers, etc.) without written permission
• Introduce viruses, malware, or other malicious code
• Reverse engineer, decompile, or disassemble any aspect of our Services

Content Restrictions

• Submit false, misleading, or fraudulent information
• Impersonate any person or entity
• Use our Services to transmit spam or unsolicited communications
• Harvest or collect information about users without consent
• Post or transmit any unlawful, harmful, or objectionable content

Commercial Restrictions

• Use our Services for unauthorized commercial purposes
• Reproduce, duplicate, or copy material without permission
• Resell or redistribute access to our Services
• Frame or mirror any portion of our Services

Competitive Restrictions

• Use our Services to develop competing products or services
• Extract or copy proprietary information for competitive purposes
• Benchmark our Services without written permission

6. Intellectual Property Rights

Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to:

• Text, graphics, images, logos, and visual designs
• Software, code, and technical infrastructure
• Trademarks, service marks, and trade names
• Technical documentation and specifications
• Proprietary technology and processes

are owned by Powerdrive Thermal, our licensors, or other content providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Access and use our Services for your personal or internal business purposes
• View and download materials explicitly made available for download
• Print single copies of materials for your records

This license does not permit you to modify, distribute, reproduce, or create derivative works from our content without express written permission.

Trademarks

“Powerdrive Thermal,” our logo, and other marks used on our Services are our trademarks or registered trademarks. You may not use these marks without our prior written consent.

Feedback and Submissions

If you provide us with feedback, suggestions, or other submissions regarding our Services or technology, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback without compensation or attribution.

7. Confidential Information

Definition

Confidential Information includes non-public technical specifications, performance data, business plans, pricing information, and other proprietary materials we share with you under a confidential basis.

Obligations

If you receive Confidential Information through our Services, you agree to:

• Maintain the confidentiality of such information
• Use it only for the purposes for which it was disclosed
• Not disclose it to third parties without written permission
• Return or destroy such information upon request

Exceptions

Confidential Information does not include information that:

• Is publicly available through no fault of yours
• You lawfully possessed prior to disclosure
• You independently developed without using our Confidential Information
• You received from a third party without confidentiality obligations

8. Third-Party Links and Services

Our Services may contain links to third-party websites, services, or resources that are not owned or controlled by Powerdrive Thermal.

We have no control over and assume no responsibility for:

• The content, privacy policies, or practices of third-party sites
• Any damages or losses caused by third-party services
• The accuracy or reliability of third-party information

Your interactions with third parties are solely between you and such third parties. We encourage you to review the terms and privacy policies of any third-party sites you visit.

9. Disclaimer of Warranties

We disclaim all warranties, including but not limited to:

• Merchantability: Fitness for a particular purpose
• Non-Infringement: Freedom from intellectual property violations
• Accuracy: Completeness or reliability of content
• Availability: Uninterrupted or error-free access
• Security: Complete protection from unauthorized access
• Performance: Specific results or outcomes

Technology Information Disclaimer

Information about our technology, including performance specifications and capabilities, is provided for informational purposes only. Actual performance may vary based on:

• Operating conditions and environment
• System configuration and integration
• Maintenance and operational practices
• Heat source characteristics

We make no guarantees regarding specific performance outcomes or economic returns.

10. Limitation of Liability

Excluded Damages

• Indirect Damages: Including but not limited to consequential, incidental, or special damages
• Economic Losses: Lost profits, revenue, business opportunities, or savings
• Data Issues: Loss of data, corruption, or unauthorized access
• Business Interruption: Downtime, service disruptions, or operational impacts
• Reputational Harm: Damage to business reputation or relationships
• Third-Party Claims: Claims arising from third-party actions or content

Limitation on Direct Damages

In no event shall our total liability to you for all claims arising from or related to our Services exceed the greater of:

• $100 (One Hundred Dollars), or
• The amount you paid us (if any) in the 12 months preceding the claim

Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Powerdrive Thermal and its officers, directors, employees, agents, affiliates, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of our Services
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of third-party rights (including intellectual property rights)
• Any content or information you submit through our Services
• Your negligence or willful misconduct

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, at your expense. You agree to cooperate with our defense of such claims.

12. Privacy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.

13. Copyright and DMCA Policy

Copyright Protection

We respect intellectual property rights and expect users to do the same. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”).

DMCA Notice

If you believe content on our Services infringes your copyright, please provide our designated agent with:

1. Physical or electronic signature of the copyright owner or authorized agent
2. Identification of the copyrighted work claimed to be infringed
3. Identification of the infringing material and its location
4. Your contact information (address, telephone, email)
5. Statement that you have a good faith belief that use is unauthorized
6. Statement that the information is accurate and you are authorized to act

Counter-Notice

If you believe content was removed in error, you may submit a counter-notice with the information required by the DMCA.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective:

• Immediately upon posting for non-material changes
• After 30 days' notice for material changes affecting your rights

Your continued use of our Services after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using our Services.

15. Termination

Your Right to Terminate

You may stop using our Services at any time. If you have an account, you may request account deletion by contacting us at legal@powerdrivethermal.com.

Our Right to Terminate

We may terminate or suspend your access to our Services, with or without notice, for any reason, including:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Business, legal, or regulatory reasons

Effect of Termination

Upon termination:

• Your right to use our Services immediately ceases
• You must cease all use of our materials and content
• Provisions that by their nature should survive (including disclaimers, limitations of liability, and indemnification) will remain in effect
• We may delete your account and data (subject to legal retention requirements)

Termination does not relieve you of obligations incurred prior to termination.

16. Dispute Resolution

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions.

Informal Resolution

Before filing a claim, you agree to contact us at legal@powerdrivethermal.com to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith through negotiation.

Arbitration Agreement

Agreement to Arbitrate

You and Powerdrive Thermal agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of our Services (collectively, “Disputes”) will be resolved through binding arbitration, except as specified below.

Exceptions to Arbitration

The following are not subject to arbitration:

• Small claims court actions (within jurisdictional limits)
• Intellectual property disputes (trademark, patent, copyright)
• Requests for injunctive or equitable relief
• Claims that cannot be arbitrated by law

Arbitration Rules

• Arbitration will be administered by JAMS (Judicial Arbitration and Mediation Services) under its Comprehensive Arbitration Rules
• Arbitration will be conducted in Houston, Texas (or remotely by mutual agreement)
• Each party will bear its own costs, except as awarded by the arbitrator
• The arbitrator's decision is final and binding, subject to limited judicial review

Class Action Waiver

Jurisdiction and Venue

For matters not subject to arbitration, you agree that:

• Exclusive jurisdiction lies in the state and federal courts located in Harris County, Texas
• You consent to personal jurisdiction in these courts
• You waive any objection to venue in these courts

17. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Powerdrive Thermal regarding our Services and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. Invalid provisions will be modified to the minimum extent necessary to make them valid and enforceable.

Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future. Any waiver must be in writing and signed by an authorized representative.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms at any time, including in connection with a merger, acquisition, or sale of assets.

Force Majeure

We are not liable for failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet failures.

No Agency

These Terms do not create any agency, partnership, joint venture, or employment relationship between you and Powerdrive Thermal.

Notices

We may provide notices to you via:

• Email (to the address you provided)
• Posting on our website
• In-app notifications (if applicable)

You must send notices to us at:

Export Control

You agree to comply with all applicable export control laws and regulations. You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo or export restrictions.

Language

These Terms are written in English. Any translations are provided for convenience only. In the event of conflicts between versions, the English version prevails.

18. Contact Information

If you have questions, concerns, or disputes regarding these Terms, please contact us:

For legal inquiries, please include “Terms of Service” in the subject line.