Please read these Terms and Conditions (the “Terms” ) carefully before you start to use this website. The websites, including but not limited to https://ies-corporate.com, and any IES-owned materials provided therein (collectively, the “Site”), is owned by IES Holdings, Inc. (“IES,” “Company,” “we,” “us,” “our”). Company and its affiliates provide the Site to you (the “user”, “you”, and “your”, as applicable) for your personal use only and subject to your acceptance of and compliance with these Terms. These Terms are effective as of November 9, 2022. This version of these Terms replaces and supersedes any prior terms and conditions applicable to the Site. You may use the Site for lawful purposes only, in accordance with these Terms. You agree to abide by all applicable international, federal, state, and local laws and regulations in your use of the Site.
These Terms constitute a legally binding agreement between you and Company. By using the Site, including, but not limited to, downloading materials from the Site, you: (1) acknowledge that you have read and understood these Terms; (2) represent that you are 18 years of age or older and of legal age to enter into a binding agreement; and (3) accept these Terms and agree that you are legally bound by them. Your use of the Site manifests your agreement to be bound by these Terms each time you access the Site. If you do not agree to any of these Terms, do not use or access the Site.
Company grants you a limited, non-exclusive, non-transferable, revocable, limited license and right (without the right to sublicense) to access and make use of the Site and materials contained therein, regardless of the medium by which the Site is accessed
by you (e.g., via a web or mobile browser). You may view, copy, download, or print materials from the Site for your own personal use only. In this context, “personal use” does not include posting, uploading, or otherwise publishing
the materials for any commercial purpose, except with our express written permission. This license does not include any rights not specifically enumerated herein. The license granted herein does not constitute a transfer of
title in the Site or materials provided therein.
You acknowledge that your use of the Site is at our sole discretion and your license to use the Site may be terminated by us at any time, for any reason or no reason. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of the Site, to terminate any user’s account, where applicable, and to alter or delete any material submitted to the Site through the user’s account, where applicable. Upon notice to you of such termination, including, but not limited to, through the posting of such changes on the Site, you agree to immediately destroy copies of all materials, in electronic form or otherwise, then in your possession obtained through the Site. Following termination of this license, these Terms shall apply to the extent practicable.
The Site is intended for use by those who are eighteen (18) years of age or older only. If you are not 18 years of age or older, you are prohibited from using the Site without the accompaniment and supervision of a parent or legal guardian. If you are a parent or legal guardian, you agree that you will monitor and supervise the use of the Site by children, minors, and others under your care, and you agree to be responsible for their use of the Site. Any use of the Site by persons under 18 years of age and without parental consent will result in immediate termination of their use of the Site.
Except as expressly provided in these Terms, and without altering the scope of the license granted to you, you are hereby prohibited from: (a) modifying, adapting, translating, copying, reproducing, imitating, distributing, publishing, or reselling the Site or any of the content on the Site; (b) bypassing any technical measures used to prevent or restrict access to any portion of the Site; (c) reverse engineering, decompiling, disassembling, or otherwise obtaining the source code of the Site, except as interpreted and displayed in a web browser; (d) using or attempting to use any data mining, robot, spider, or similar automated or manual data gathering and extraction tools to access the Site’s listings or content; (e) circumventing or attempting to circumvent the security of the Site; (f) interfering or attempting to interfere with the proper working of the Site or otherwise engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Company or users of the Site or expose them to liability; (g) altering or modifying, or attempting to alter or modify any part of the Site; (h) attempting to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site through hacking, cracking, mining, phishing, or any other means; (i) accessing or attempting to access password protected, secure, or non-public areas of the Site, except as authorized by Company; (j) taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any systems or networks connected to the Site; (k) using reports, content, electronic documentation, or other materials available on the Site to feed any downstream product, application, or website; (l) engaging in any activity that markets another business or attracts Company users to a third party; (m) making commercial use of the Site or any of its content; (n) using the Service to stalk, harass, bully, or harm another person; (o) engaging in or promoting illegal activities; (p) use the Site for any unlawful or prohibited purposes; or (q) engaging in any activity that infringes the rights of Company or any other third parties.
Unless otherwise noted, the Site and all content provided on the Site, including images, illustrations, designs, icons, photographs, video clips, text, and other material, is the property of Company or its suppliers, licensors, talent, partners, or affiliates
and is protected by United States and international copyright laws. Any and all content on the Site is either the property of Company or is used by us with the permission of its owner. The compilation of the Site is the exclusive
property of Company and is protected by United States and international copyright laws. You agree that you will not take any actions inconsistent with Company’s ownership of the Site and content.
The trademarks, logos, and service marks displayed on the Site are owned by Company and other third parties, and the Site’s trade dress is owned by Company. All trademarks not owned by Company are the property of their respective owners, and, where used by Company, are used with permission. Nothing contained on the Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. Company’s trademarks and/or trade dress may not be copied, imitated, or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with Company’s ownership of, or any third party’s ownership of, the trademarks and trade dress used on the Site. Unauthorized use of any trademarks, including reproduction, imitation, dilution or confusing or misleading uses, is prohibited under the trademark laws. The trademarks may not be used in connection with any product or service that does not originate with IES, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits IES.
Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the materials on the Site, including any copyrighted or trademarked content. You may only use the materials and content on the Site as expressly permitted in these Terms and for no other purpose. Any unauthorized use of any content or materials on the Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
We respect the intellectual property rights of others and require that the persons and entities using the Site do the same. In our sole discretion, we reserve the right to terminate the access to the Site of any person or entity whom we believe is or may be responsible for copyright infringement. The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (“DMCA”) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials.
In accordance with the DMCA, we will respond promptly to claims of copyright infringement reported to our agent designated to receive notifications of infringement claims (“Designated Agent”). If you believe in good faith that Company should be notified of a possible online copyright infringement involving the Site, please submit a written notice to our Designated Agent that substantially includes the following:
The written notice, along with any accompanying items, must be submitted to our Designated Agent at:
Attention: General Counsel
IES HOLDINGS, INC.
5433 Westheimer Rd., Suite 500, Houston, Texas 77056
If you send your notice by email, please make sure to write “DMCA Copyright Notice” in the subject line. We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response. Please do not send any other notices or communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA.
Company wishes to provide high quality service to users of the IES Customer Extranet Service (the “Service”) available through the Site by protecting the integrity, security, reliability, and privacy of the Service, the Site, and
the network of computers using the Service. To that end, Company encourages the responsible, lawful use of the resources of Company and Company licensors.
To that end, before you can make use of certain services associated with the Site, including the Service, you may be required to register through the Site and create an account. You agree and warrant that all information you provide to us through the Site and Service, including but not limited to any contact information or registration information, is truthful, accurate, and up-to-date. You further agree to maintain the accuracy of your account information and to inform us promptly of any changes to your information, including but not limited to any changes to your email address.
You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security you become aware of. We are neither responsible for, nor liable, for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge.
You may not use the Site or Service to commit, or in connection with, criminal or civil violations of federal, state, local, or international laws, regulations, or other government requirements. Such violations include, but are not limited to, violations of securities laws, including, but not limited to, regulations of the United States Securities and Exchange Commission or any securities exchange; theft or infringement of patents, copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds or information; encouraging conduct that would constitute a criminal offense or give rise to civil liability; and assisting or permitting any third parties engaged in or attempting to engage in any of the activities described above.
Company reserves the right to report any activity that may violate any law or regulation to appropriate law enforcement officials, regulators or other third parties. In order to cooperate with governmental requests into possible violations of laws or regulations, Company may access and disclose to law enforcement officials, regulators or other third parties any information Company considers necessary and appropriate.
Failure to adhere to these Terms may result in a demand by Company for immediate removal of offending material, immediate temporary or permanent filtering, blocked access, suspension or termination of your access to the Site or Service, or other action appropriate to the violation, as determined by Company in its sole discretion. When feasible and lawful, it is Company’s preference to give notice so that violations may be addressed voluntarily; Company reserves the right to act without notice, however, as Company may determine in its sole discretion. Company will cooperate with law enforcement agencies if unlawful activity is suspected. Users that fail to comply with this Section 5 are subject to civil or criminal liability under applicable law.
Company, in its sole discretion, may terminate you and your access to the Site or Service, or any portion thereof, without notice for any reason or for no reason, including, but not limited to, if Company believes that you have failed to comply with these Terms. Company reserves the right to terminate your account upon notice if you violate the policies of the Site’s or the Service’s Internet service provider.
Further, by creating an account with the Site or Service, you consent to receive communications from us electronically via the email address associated with your account. Although you can opt-out of receiving promotional communications, we reserve the right to email you informational communications about your account or administrative notices regarding the Site or Service, as permitted under the CAN-SPAM Act.
You are expressly prohibited from selling, trading, or transferring your account (including but not limited to, selling, trading, or transferring emails associated with such account). We have final discretion in granting accounts and reserve the right to reject users without explanation.
From time to time, we may make available on the Site certain services, features, or sections that allow users to post or upload materials to the Site. You understand that all information, communications, data, text, software, music, sound, photographs,
graphics, videos, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.
Therefore, you, and not Company, are solely responsible for all Content that you upload, post, email, transmit, or otherwise make available through the Site or any related services. With that said, other than certain personally
You represent and warrant that you own or otherwise control all the rights, titles, and interests to any Content that you upload, transmit, or otherwise make available through the Site, that use of any Content you provide does not violate the intellectual property rights or any other rights of any third parties, and that use of Content you provide will not cause injury to any person or entity.
When you post or submit Content to the Site, you hereby expressly grant Company a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense, or otherwise distribute and display Content and any ideas, concepts, know-how, or techniques contained therein for any reason and in any manner it chooses, alone or as a part of other works, in any form, medium or technology now known or later developed, without restriction and without compensation of any kind to you, and you waive all moral rights in all such Content. Company does not want you to, and you should not, provide to Company via the Site any Content that you regard as confidential or proprietary to you or any other person or Content in which you do not wish to grant us rights. If you send any such information to us, you will lose all rights to such Content, and you agree that any such Content that you or an individual acting on your behalf provide to Company through the Site will not be considered confidential or proprietary.
Without limiting the foregoing, you represent and warrant that you will not: (a) provide any Content that is unlawful (according to local, state, federal or international law) or any Content that advocates illegal activity; (b) provide any Content that is defamatory, false, or libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic or obscene material; (c) provide any content that is inaccurate, incorrect, or out-of-date; (d) provide any Content that violates the intellectual property rights of other; (e) provide any Content that contains software viruses or other harmful devices; or (f) impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you provide.
Company disclaims any and all liability for any Content emailed, transmitted, posted, or otherwise made available via the Site. The opinions expressed in postings or other Content on the Site may not represent the views or opinions of Company or its advertisers, sponsors, affiliated or related entities. We do not represent or guarantee the truthfulness, accuracy, or reliability of any Content. Any Content on the Site is provided “as is.” You understand that by using the Site, you may be exposed to Content and Non-User Content that is inaccurate, offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site. You should be aware that your use of and reliance on Content is at your own risk.
Company has no obligation to review, monitor, delete, or edit the Site, including user Content. However, you acknowledge and agree that Company has the right to do so at any time in its sole discretion, for any reason or no reason, with or without notice. We shall not be liable for any alteration or deletion of any Content. You acknowledge, consent, and agree that Company may access, preserve, and disclose any inappropriate conduct, your account information, and any Content you submit if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Company, its affiliates, personnel, other users, and the public.
The materials on the Site are provided for informational purposes only and are not an offer to sell or a solicitation of an offer to buy any security or any insurance product. Company’s products and services are subject solely to the terms of the documentation that accompanies provision of any such products and services and you should refer to this documentation for complete information. Not all of the products or services described on the Site are available in all jurisdictions or to all potential customers or investors. Nothing on the Site is intended as, or should be taken to be, investment advice or an offer or a solicitation of any kind, including, but not limited to, information supplied on the Site in any jurisdiction or to any potential customer or investor where any information regarding products and services might be construed as an offer or solicitation not otherwise qualified or exempt from regulation.
The Site contains statements about future results that may constitute “forward-looking statements” within the meaning of safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Users are cautioned that these statements are not guarantees of future performance. There are a variety of factors, many of which are beyond Company’s control, which affect the operations, performance, business strategy and results and could cause its actual results to differ materially from the expectations and objectives expressed in any forward-looking statements. Accordingly, users are cautioned not to place undue reliance on forward-looking statements which speak only as of the date they are made. A non-exclusive list of the important factors that could cause actual events or results to differ materially from those in such forward-looking statements include the important factors set forth in Company’s most recent annual report on Form 10-K, quarterly report on Form 10-Q and Company’s other documents on file with the Securities and Exchange Commission. Company does not undertake to update forward-looking statements to reflect the impact of circumstances or events that arise after the date the forward-looking statements are made. Users should, however, consult any further disclosures Company may make in its future filings of its reports on Form 10-K, Form 10-Q and Form 8-K.
The information on the Site may contain typographical errors or inaccuracies, and may not be complete or current. Please note that such errors, inaccuracies, or omissions may relate to service descriptions, pricing, and availability. We are not responsible
for typographical or other errors or omissions regarding products, services prices or other information provided on the Site. All product and/or service sales and promotions are subject to the terms of these Terms, in addition
to any other terms that may apply. Promotional offers and prices are available for a limited time as specified on the Site. Prices, promotions and availability are subject to change without prior notice.
Company therefore reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice. Company also reserves the right to limit the scope of services (including after you have submitted your request). Company apologizes for any inconvenience this may cause you.
The Site may contain links to third-party websites or other resources, which we may have no direct control and all of which may have their own set of rules and guidelines for usage of their sites and services. Such content and links are provided solely
for your convenience. Company does not endorse, and we shall not be responsible or liable for, any content, advertising, products, or other materials on or available from such sites or resources.
For your protection, please refer to the terms of service and privacy policies of those respective websites. You acknowledge, understand, and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, or reliance on, any such content, goods, or services available on such other websites. Company shall not be liable for any errors or delays in the content, goods, or services available on such other websites, or for any actions taken or not taken in reliance thereon. The links are provided “as is” and use of such links and the content available therein are at your own risk. We reserve the right to remove content served by third parties and terminate any link to a third-party site at any time.
WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT IF YOU USE INFORMATION, SERVICES OR PRODUCTS FROM A THIRD PARTY OFFERED ON A WEBSITE LINKED TO OR THAT IS OTHERWISE REFERRED TO ON OR THROUGH THE SITE, SUCH THIRD PARTY IS SOLELY RESPONSIBLE FOR SUCH INFORMATION, SERVICES OR PRODUCTS, AND YOU HEREBY RELEASE ALL OF THE IES PARTIES FROM ANY CLAIMS, DEMANDS AND DAMAGES (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH INFORMATION, SERVICES OR PRODUCTS, ANY TRANSACTIONS BETWEEN YOU AND SUCH THIRD PARTY AND ANY DISPUTES BETWEEN YOU AND SUCH THIRD PARTY.
The information contained on the Site is subject to change without notification to you or any other person. Company undertakes no obligation to maintain or ensure that the information on the Site is the most current information available. Company may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. Company may also impose limits, for any or no reason, on certain features and services or restrict your access to parts or all of the Site without notice or liability.
THE SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. INFORMATION ACCESSIBLE ON OR THROUGH THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND FOR YOUR CONVENIENCE.
YOUR USE OF AND RELIANCE ON THE SITE AND ANY CONTENT AVAILABLE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, STATUTORY, OR OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, SUITABILITY, AVAILABILITY, QUALITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, AND OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING, USAGE, OR TRADE. COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THE SITE.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, WHETHER THE SITE WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE, OR THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SITE WILL BE CONTINUOUS, TIMELY, UNINTERRUPTED, ERROR-FREE, VIRUS-FREE (INCLUDING FREE OF “WORMS” “TROJAN HORSES,” OR OTHER HARMFUL COMPONENTS), OR THAT THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES THAT COMMUNICATIONS BETWEEN YOU AND COMPANY, OR ANOTHER USER OF THE SITE, WILL BE SECURE FROM INTERFERENCE, VIRUS-FREE, OR FREE OF OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS OR LICENSORS (COLLECTIVELY, THE “IES PARTIES”), BE LIABLE (1) FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR
FAILURE TO COMPLY WITH THESE TERMS, (2) UNDER ANY THEORY OF LIABILITY WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, STRICT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF PROFITS OR REVENUE (WHETHER IN AN ACTION BASED IN CONTRACT, TORT, PRODUCT LIABILITY, STATUTE OR OTHERWISE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES))
ARISING OUT OF (A) YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OR DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION ACCESSED ON OR THROUGH THE SITE; (B)
ANY TRANSACTION ENTERED INTO THROUGH OR FROM THE SITE; (C) YOUR INABILITY TO USE THE SITE OR THE INFORMATION CONTAINED THEREIN FOR WHATEVER REASON, INCLUDING, BUT NOT LIMITED TO, COMMUNICATIONS FAILURE OR ANY OTHER FAILURE
WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED ON OR THOUGH THE SITE; (D) THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY INFORMATION; (E) THE USE OF ANY PRODUCTS OR SERVICES OBTAINED
ON OR THROUGH THE SITE; (F) UNAUTHORIZED ACCESS TO THE SITE AND UNAUTHORIZED ALTERATION TO YOUR TRANSMISSIONS OR DATA; (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (H) PROPERTY DAMAGE, COST OF SUBSTITUTE GOODS
OR SERVICES, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION; (I) COMPUTER FAILURE OR MALFUNCTION, LOST DATA OR LOST PROFIT; OR (J) ANY OTHER MATTER RELATING TO THE SITE OR YOUR USE OF THE SITE.
WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF, OR INABILITY TO USE, THE SITE, OR FROM YOUR DOWNLOADING OF ANY CONTENT OR MATERIALS FROM THE SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON COMPANY’S COMPUTERS AND/OR SERVERS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU ALLEGE ARISE OUT OF OR ARE RELATED TO YOUR USE OF COMPANY’S SITE AND ASSOCIATED SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE IES PARTIES—WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY—FOR ALL LOSS OR DAMAGE ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED FIFTY DOLLARS ($50.00).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH JURISDICTIONS OUR AGGREGATE LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY THE LAWS OF THAT JURISDICTION.
You agree to indemnify, hold harmless and, at our option, defend any IES Parties from all damages, costs, liabilities, suits, judgments, penalties, expenses, obligations, losses, claims, actions, costs and expenses (including, but not limited to, attorneys’
fees and expenses), relating to or arising out of (a) your breach of these Terms and Conditions of Use, (b) Content you post or submit to the Site, (c) any use of the Site by you, by any person authorized by you or by an individual
using the Site with your password, whether or not you have authorized such use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you,
in which event you will cooperate with us in asserting any available defenses.
You agree that if you are dissatisfied with the Site or any services offered in connection with the Site, do not agree with any part of these Terms, or have any other dispute or claim with or against Company with respect to these Terms or the Site, your sole and exclusive remedy is to discontinue using the Site.
This Site is controlled, operated and administered by us from our offices within the United States of America and all information you send to us is stored on servers in the United States. IES makes no representation that the Materials are appropriate or available for use at other locations outside of the United States, and access to the Site and materials on the Site from territories where their contents are illegal is prohibited. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.
These Terms shall be governed by the laws of the State of New York, without giving effect to its principles or rules of conflict of laws to the extent such principles or rules are not mandatorily applicable by statute and would require or permit the application of the laws of another jurisdiction. Without limiting Company’s right to bring an action against you in any jurisdiction, you further agree to submit to the non-exclusive jurisdiction of, and acknowledge and agree that proper venue shall lie in, the federal and state courts located in either (i) New York County, New York or (ii) White Plains, Westchester County, New York, with respect to any claim, action or proceeding arising out of or relating to these Terms. You hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the cause of action arises, and you hereby waive any right, statutorily or otherwise, to any further extension of time beyond such one (1) year period. You agree that a cause of action filed after this date is barred. Where possible, all complaints should include details that would assist IES in investigating and resolving the complaint (e.g., a copy of the offending material).
These Terms, including any documents referenced herein, represents the entire understanding between you and Company regarding your relationship with Company and use of the Site, and supersedes all other agreements, express or implied, written or oral,
between you and Company. These Terms shall not be modified except as provided for herein or in writing, signed by an authorized representative of Company.
If any provision of these Terms is determined to be invalid or unenforceable for any reason whatsoever, the remainder of these Terms shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of these Terms. Company’s failure to act with respect to a breach of these Terms by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under these Terms. Notwithstanding any provision of these Terms, Company has available all remedies at law or equity to enforce these Terms. Company shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms.
You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in these Terms reflect a fair and reasonable allocation of risk between you and Company, and is not the result of fraud, duress, or undue influence exercised upon you by any person or entity. Any rights not expressly granted herein are reserved.
The provisions of these Terms that by their sense and context are intended to survive the performance of the Terms shall survive termination of these Terms, including provisions relating to: disclaimer of warranties, confidentiality, damage limitations, venue, jurisdiction, and indemnification.
We reserve the right, in our sole discretion, to change, modify, add, remove, or otherwise revise these Terms at any time. Any changes to these Terms will be included in a revised version accessible through the Site. Your continued use of the Site following posting of any changes to these Terms constitutes your unconditional acceptance and agreement to be bound by the changed terms. Accordingly, we urge you to review these Terms at the start of each use of the Site. If you do not agree to these revised Terms and Conditions, do not access or use the Site.
Where required, Company may give notice to you by a general posting in the Site, by electronic mail, or by conventional mail to your address of record. You may give notice to Company or report any violations of these Terms by electronic mail or by conventional
mail to the address below. If you have any questions about these Terms, the practices of the Site, or your dealings with Company, please contact us at:
Attn: IES IT Security Officer
IES Holdings, Inc.
5433 Westheimer Rd., Suite 500
Houston, Texas 77056