Thank you for using Power Almanac’s websites, search tools, data, records, and information services (individually and collectively the “Services”) which may be accessed via our website at https://poweralmanac.com (the “Site”) or provided to you by Power Almanac or its representatives. Power Almanac and the Services are owned and operated by Government Executive Media Group LLC (“GovExec”).
These Terms of Service (“Terms“) govern your use of the Services and the Site, and you indicate your agreement to these Terms by clicking or tapping on a button indicating your acceptance of these Terms, by executing a document that references them, by signing up for a Power Almanac subscription plan, or by using the Services. If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.
1. License to Use Power Almanac.
Provided you abide by these Terms, and satisfy all registration, payment and other requirements applicable to the subscription level you choose, as described on the Site and in these Terms, GovExec grants you a non-exclusive, non-assignable, revocable license (“License“) to access and use the Services during the Subscription Period (as defined below). If you received the Services from Power Almanac or its representatives without signing up for a subscription, then the License is granted for a period of three months starting with the day you receive the Services, provided that you satisfy all registration, payment and other requirements applicable to your receiving the Services. The License allows you, during your Subscription Period only, to download, access, print, save, store in a searchable database (such as a CRM or marketing automation system), or otherwise make use of the Services for your use in conducting research and/or engaging in marketing or other promotional activities. The License is subject to the limitations set forth in these Terms.
By accepting the License to use the Services, you agree to pay the fee, if any, associated with the subscription level you select (examples of subscription levels are Power Entry, Power 15, Power 75, or Power Max). The “Subscription Period” has a start date and end date, with the start date being the day you subscribe, the end date being the last day of your Subscription Period, and the time from start date until end date being the length of time associated with the subscription level you selected (or the length of time agreed to in writing between you and a GovExec representative). Before the end of the Subscription Period, you will be notified by email and/or phone and given the option to renew your subscription. Any renewal Subscription Period will have its own start date and end date. Your “Current Subscription Period” refers to the Subscription Period that you are in at that moment, and does NOT include any prior or future subscription periods. It is your responsibility to determine if you would like to use the Services BEFORE subscribing or renewing your subscription. Once you have paid a subscription fee, GovExec will not refund the fee.
2.1 Credits for Downloading Records.
A certain number of download credits (“Credits“) may be included with your subscription. When you download records from the Site, your Power Almanac account will be deducted one Credit for each record you download. For Power 15, Power 75, and Power Max subscriptions, once you download a certain record during your Current Subscription Period, you may access and re-download that record as many times as you’d like during the same Current Subscription Period without using any additional Credits, even if that record has been updated or changed. If you use all your Credits during the Subscription Period, you may purchase additional Credits for an additional fee. Once you have paid for additional Credits, a refund cannot be given, whether or not you use the Credits. From time to time GovExec may offer certain special subscriptions that require GovExec to download records into your account prior to your having access to your account (“Special Subscription”). If you purchase a Special Subscription, then as of the first time you log-in to your account (i) you will have access to the records that GovExec has pre-downloaded for you, and (ii) you may or may not have a balance of download Credits.
2.2 Establishing Sub-User Accounts.
Your subscription entitles you to add, at no additional cost, sub-user accounts that are connected to your account, provided that each such sub-user account is for use only by individuals who are employed by the same company or organization employing you (“Sub-Users“). Each Sub-User account must be established with an email address sharing the same domain name as your email address (for example, if your email address is firstname.lastname@example.org, then someone with the email domain @pa.local may be added as a Sub-User), and that domain name must be owned and operated by the company or organization that employs you and the Sub-User. For the purposes of these Terms, a parent, subsidiary, or other related company is not considered part of your company or organization. Any individual added as a Sub-User must read and accept these Terms to use the Services. Any provision or restriction directed to “you” and “your” under these Terms applies equally to any Sub-User, except that a Sub-User may not add other sub-users.
2.3 Expiration of Subscription Period.
When your Subscription Period ends, you forfeit any remaining Credits in your account. If you renew the subscription, you will begin a new Subscription Period (with a new start date and end date) and at the start of that new (renewal) Subscription Period your Power Almanac account will have the number of Credits associated with your subscription level. For example, if your subscription level is Power 15, then your account will have 15,000 Credits at the start of the new Subscription Period.
2.4. Termination of Subscription.
GovExec may, in its sole discretion, terminate or suspend your subscription for any or no reason and with no prior notice to you; provided, however, if GovExec terminates for a reason other than your misconduct or breach of these Terms, and you have prepaid for your subscription and/or additional Credits, GovExec will compensate you on a pro rata basis for the prepaid amount(s) (based on the number of Credits you purchased and the number of Credits you have remaining), unless you have a Power Max subscription, in which case your compensation will be equal to 1% of your most recently paid subscription fee for each month remaining in your subscription term. Upon termination of the subscription for any reason, including non-renewal, the License will likewise terminate and you and your Sub-Users and anyone else at your organization with access to the Services shall immediately cease using the Services, including Power Almanac records downloaded from the Site or given to you by a Power Almanac representative. All such Power Almanac records must also be purged from your databases (including CRM and marketing automation systems) and from your soft- and hard-copy files within 14 days of termination, except that you may retain and use Power Almanac records for people who, prior to the termination of your Power Almanac subscription, have reached out or responded to you in writing, in person, or by phone (“Responders”). Responders do NOT include people who have not responded to your outreach efforts or from whom you received an “auto-response” email such as an “out-of-office” or “on vacation” notification. GovExec reserves the right to investigate your use of the Services either during your Subscription Period or after termination of your subscription in the event GovExec, in its sole and absolute discretion, believes you have violated these Terms.
2.5 Subscription Fee Changes.
GovExec reserves the right to change at any time the fees it charges for Power Almanac subscriptions; however, no such change will apply to a Subscription Period for which you have already paid.
3. Your Responsibilities.
3.1 Account Information.
You agree to provide true, accurate, current, and complete information as prompted by the registration form, and maintain and update such information to keep it true, accurate, current, and complete at all times.
3.2 Password and Security.
Unless otherwise agreed to in writing, you will access the Services by logging into your Power Almanac account at the Site. You are responsible for maintaining the confidentiality of your Power Almanac password, and you are solely responsible for all activities that occur with the use of your password. You agree to immediately notify GovExec of any unauthorized use of your password or any other breach of security of which you become aware. GovExec reserves the right to require you to change your password if GovExec believes that your password is no longer secure. YOU AGREE THAT GovExec WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD.
3.3 Compliance with Applicable Law.
In addition, you agree not to: (i) use the Services to violate any local, state, national, or international law or regulation, including by using the Services in a manner that violates the U.S. CAN-SPAM Act of 2003, as such statute may be amended from time to time; (ii) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (iii) transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) stalk, harass, or otherwise harm another individual; or (v) impersonate any person, or entity, or otherwise misrepresent your affiliation with a person or entity.
4. No Sharing Data with Third Parties.
The Services, including all Power Almanac records, are for your exclusive use and benefit. You may not give, share, or otherwise distribute the Services or any portion of the Services to third parties, including your organization’s parent company, subsidiaries, or other companies related to your organization. You may not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy, monitor, download, store, publish, transmit, retransmit, transfer, distribute, disseminate, broadcast, circulate, sell or otherwise use the Services, or any portion of the Services, in any form or by any means, except as expressly permitted by these Terms. You may not sell, license, sublicense or distribute all or any portion of the Services to third parties or use the Services as a component of or as a basis for any material offered for sale, license or distribution.
5. Proprietary Rights.
The format, layout, appearance and data structures related to the Services and Site are proprietary. You may not reverse engineer or otherwise attempt to discern such proprietary architecture. Power Almanac, the Services, and Site are and will remain the exclusive property of GovExec. Except for the License granted in these Terms, all rights, title and interest in the Services, in all languages, formats and media throughout the world, are and will continue to be the exclusive property of GovExec.
The content on the Site (“Content“), including but not limited to text and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by GovExec. The Content may not be copied, modified, reproduced, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of GovExec.
POWER ALMANAC and the Power Almanac logo are trademarks of GovExec. Other names and logos displayed on the Site may be the trademarks of their respective owners. You may not use, frame or utilize framing techniques to display any GovExec trademarks without the prior written permission of GovExec.
9. Modification of these Terms of Service.
GovExec may modify these Terms at any time for any reason, and the most current version of these Terms will always be posted on the Site. If any changes to these Terms are material, as determined in GovExec’s sole discretion, then Power Almanac will notify you by email. Any changes to these Terms will become effective and binding on you after your first use of the Services following the change(s). If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access the Services.
10. Modifications to Power Almanac; Continuity of Service.
GovExec reserves the right to upgrade, revise, or otherwise modify the Services and Site with or without notice to you. GovExec will use reasonable commercial efforts to protect the integrity of data saved by you and stored in connection with your account on the Site, but GovExec shall not be liable for any loss or damage resulting from total or partial loss of your data, or from any corruption of your data. Data can get lost or become corrupt as a result of a number of causes, including hardware failures, software failures or bugs, or communications failures. GovExec recommends that you periodically back up your data to media not associated with GovExec. GovExec will use reasonable commercial efforts to provide access to the Services on a 24/7 basis, but it shall not be responsible for any disruption in the Services, regardless of length.
11. Disclaimer of Warranties.
The information in the Power Almanac databases has been compiled from public records and proprietary sources for the purpose of providing general background information about local governments. Neither GovExec nor any of our data suppliers represents or warrants that the Services are current, complete or accurate. GovExec HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE PERFORMANCE OF THE SERVICES AND THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE Services, INCLUDING (WITHOUT LIMITATION) ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL GovExec BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR ANY OTHER CLAIMS OF YOURS OR THIRD PARTIES, EVEN IF GovExec HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You assume all risks associated with the use of the databases and the Services.
12. Limitation of Liability.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL GOVEXEC OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF THE SERVICES.
You agree to indemnify, defend, and hold harmless GovExec, its subsidiaries and related companies, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that may arise as a result of your violation of these Terms. GovExec reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with GovExec’s defense of such claim.
14. Digital Millenium Copyright Act.
If you believe the Site contains content that infringes your copyright, please provide the following information to Power Almanac, Attn: Copyright Agent, 205 De Anza Blvd, #59, San Mateo, CA 94402 or by email to email@example.com
• Your postal address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• 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.
15. Other Terms.
These Terms, together with any additional terms to which you agree when using the Services (for example, terms relating to the payment of fees for Power Almanac subscriptions), constitute the entire agreement between you and GovExec with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and GovExec with respect to the subject matter hereof. These Terms and the relationship between you and GovExec shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Services shall be brought in the Federal or State courts located in San Francisco County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of GovExec to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of GovExec and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. Sections 2.4, 5 – 7 and 11 – 13 of these Terms, as well as any other limitations on liability explicitly set forth herein, shall survive the termination or expiration of your Power Almanac subscription.