Terms - Pearl Street Systems

Last Modified: July 27, 2026

Acceptance of the Terms of Use

These Terms of Use are entered into by and between you and Pearl Street Systems and Engineering, LLC (“Company,” “we,” “our,” or “us”). These Terms of Use govern your access to and use of the Pearl Street website that links to these Terms of Use, including any content, functionality, and services offered on or through the website (the “Website”).

Please read these Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound by these Terms of Use and acknowledge our Privacy Policy and Cookie Policy, each available on the Website and incorporated by reference. If you do not want to agree to these Terms of Use or acknowledge the Privacy Policy and Cookie Policy, you must not access or use the Website.

The Website is intended for business users who are of legal age to form a binding contract with the Company. By using this Website, you represent and warrant that you meet these eligibility requirements. If you do not meet these requirements, you must not access or use the Website. The Website is not directed to children under 13 years old.

IMPORTANT NOTICE: THESE TERMS OF USE CONTAIN A BINDING COMMERCIAL ARBITRATION PROVISION AND CLASS ACTION WAIVER. EXCEPT FOR CERTAIN CLAIMS AND REQUESTS FOR INJUNCTIVE OR EMERGENCY EQUITABLE RELIEF AS DESCRIBED BELOW, YOU AND PEARL STREET AGREE TO RESOLVE DISPUTES BY INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter, except that any changes to dispute resolution provisions will not apply to disputes for which the parties had actual notice before the date the changes were posted.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You should check this page periodically so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend the Website, and any service, content, or material we provide on the Website, in our sole discretion without notice. The Website is for informational purposes only and includes a Contact form through which users may request information or follow-up about Pearl Street’s turnkey energy upgrades for commercial, institutional, healthcare, and government facilities. We will not be liable if any part of the Website is unavailable at any time or for any period.

You are responsible for both:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

The Website does not currently offer user accounts, subscriptions, or account-based features. To use the Contact form or any other resource offered through the Website, you may be asked to provide information, and it is a condition of your use of the Website that all information you provide is correct, current, and complete. All information you provide through the Website is governed by our Privacy Policy.

If the Company later provides an account, portal, password, or other restricted-access feature, you must treat any username, password, or other security information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your credentials or any other breach of security.

We may disable any username, password, or other identifier, if any, or deny your access to the Services, at any time if, in our opinion, you have violated any provision of these Terms of Use or if doing so is necessary to protect the Website, the Company, or other users.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to 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.

These Terms of Use permit you to use the Website for lawful internal business evaluation, informational, and non-commercial website browsing purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit material on the Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your internal business evaluation or informational use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download in the future, you may download a single copy to your computer or mobile device solely for your own lawful use, provided you agree to be bound by any applicable end user license agreement.
If we provide social mediaor sharing features with certain content, you may take only those actions that are enabled by those features and comply with these Terms of Use.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, graphics, service descriptions, specifications, or other Website materials separately from the accompanying text or in a misleading context.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use any part of the Website, or any services or materials available through the Website, for commercial exploitation, resale, competitive intelligence, scraping, training artificial intelligence models, or any other purpose not expressly permitted by these Terms of Use.

If you wish to make any use of material on the Website other than as permitted in this section, please direct your request through the Contact form on the Website or to Pearl Street Systems and Engineering, LLC, 7 Commerce Street, Somerville, NJ 08876.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, Pearl Street Systems and Engineering, LLC, Pearl Street, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks or proprietary identifiers of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use, including the Content Standards below.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity, including by using email addresses or screen names associated with any of the foregoing.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including the Website’s Contact form, cookie-consent tools, or other interactive functionality.
Use any robot, spider, scraper, crawler, artificial intelligence tool, or other automatic device, process, or means to access the Website for any purpose, including monitoring, copying, scraping, harvesting, or training models on any Website material.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
Attempt to bypass, disable, manipulate, or interfere with any cookie-consent mechanism, privacy preference tool, security control, or technology used to protect or operate the Website.

User Contributions

The Website does not currently offer public message boards, chat rooms, profiles, forums, bulletin boards, or similar public posting features. The Contact form allows users to submit inquiries to Pearl Street, but those submissions are not public posts and are handled as described in our Privacy Policy.

If the Website later offers features that allow users to post, submit, publish, display, or transmit content or materials for public or third-party viewing, all such materials must comply with these Terms of Use, including the Content Standards below.

Any information you submit through the Contact form will be treated in accordance with our Privacy Policy. If you provide content or materials through any future public interactive feature, those materials will be considered non-confidential and non-proprietary unless we expressly state otherwise in writing.

You represent and warrant that:

You own or control all rights in and to any content or materials you submit through the Website and have the right to provide those materials to us.
All content or materials you submit through the Website do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any information, content, or materials you submit through the Website, including their legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of information, content, or materials submitted by you or any other user of the Website.

Monitoring and Enforcement; Termination

At our sole discretion, we have the right to:

Refuse to process, respond to, or retain any submission or communication for any lawful reason.
Take any action with respect to any submission or Website use that we deem necessary or appropriate, including if we believe it violates these Terms of Use, infringes any intellectual property or other right, threatens the safety of users or the public, interferes with the Website, or could create liability for the Company.
Disclose your identity or other information about you to a third party who claims that material submitted by you violates their rights, including intellectual property rights or privacy rights, as permitted by law and our Privacy Policy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any violation of these Terms of Use or for conduct that may harm the Company, the Website, or others.

Without limiting the foregoing, we may cooperate fully with law enforcement authorities or court orders requesting or directing us to disclose the identity or other information of anyone submitting materials through the Website, as permitted or required by law. You waive and hold harmless the Company, its affiliates, licensees, and service providers from any claims resulting from any action taken by any of them during, or as a consequence of, investigations by the Company, such parties, or law enforcement authorities.

We do not undertake to review all transmissions, communications, submissions, or content before they are sent through the Website. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, submissions, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any information, content, or materials submitted through the Website, including through the Contact form or any future interactive feature. Submissions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, submissions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights, including the rights of publicity and privacy, of others or contain any material that could give rise to civil or criminal liability under applicable laws or regulations or conflict with these Terms of Use or our Privacy Policy.
Be likely to deceive any person or the Company.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement and DMCA Notices

Pearl Street respects intellectual property rights and expects users of the Website to do the same. If you believe that material available on or through the Website infringes your copyright, you may send a notice under the Digital Millennium Copyright Act (“DMCA”) to Pearl Street’s registered DMCA agent at info@pearlstreetsystems.com.

A DMCA takedown notice must include the following information:

A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner;
Identification of the copyrighted work claimed to have been infringed, or, if multiple works are covered by a single notice, a representative list of those works;
Identification of the material claimed to be infringing or the subject of infringing activity, with information reasonably sufficient to permit Pearl Street to locate the material;
Your contact information, including address, telephone number, and, if available, email address;
A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If material you submitted to the Website is removed or disabled in response to a DMCA notice, you may send a counter-notification to info@pearlstreetsystems.com. A counter-notification must include the following information:

Your physical or electronic signature;
Identification of the material that has been removed or disabled and the location where the material appeared before it was removed or disabled;
A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification;
Your name, address, and telephone number; and
A statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or, if your address is outside the United States, to the jurisdiction of the federal district court for the District of New Jersey, and that you will accept service of process from the person who provided the original DMCA notice or that person’s agent.

Pearl Street may remove or disable access to material alleged to infringe copyrights and may terminate, in appropriate circumstances, users or account holders who are repeat infringers. Because the Website does not currently offer user accounts or public posting features, this repeat-infringer policy applies to any user-submitted content or future account-based functionality to the extent applicable.

Pearl Street does not assume responsibility for user-submitted content and will not be liable for removing, disabling, preserving, restoring, or declining to restore content in response to a DMCA notice, counter-notification, court order, or other legal process, except to the extent liability cannot be limited under applicable law.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general informational purposes. Nothing contained on the Website or its related content constitutes a quote, proposal, guarantee, engineering advice, installation commitment, or binding service term. We do not warrant the accuracy, completeness, or usefulness of any information contained on our Website. Any reliance you place on such information is strictly at your own risk.

The Website may include content provided by third parties or links to third-party resources. All statements or opinions expressed in third-party materials, other than content provided by the Company, are solely the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company, and we are not responsible or liable to you or any third party for the content or accuracy of materials provided by third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on the Website is subject to our Privacy Policy and Cookie Policy. The Website uses cookies and similar technologies, including Google Analytics, WordPress and Divi for website functionality and display, Contact Form 7 and Formlayer for form-related functionality, Complianz for cookie-consent management, and Google-hosted Google Fonts for font delivery. By using the Website, you acknowledge the actions we take with respect to your information as described in the Privacy Policy and Cookie Policy.

We do not intentionally use session replay tools, chat tools, advertising pixels, fingerprinting technologies, or other technologies to record the contents of your communications with us through the Website unless we provide additional notice and obtain consent where required. We also do not intentionally collect Contact form contents before you submit the form, record keystrokes, partial entries, or form analytics from the Contact form before submission, or use tools designed to intercept, eavesdrop on, or tap communications in transit between your device and our servers.

We do not collect data through non-essential cookies or similar technologies until you make an affirmative choice on our cookie banner. Google Analytics loads only after you consent to analytics cookies where required. We honor Do Not Track browser signals and treat recognized Global Privacy Control signals as valid opt-outs of non-essential data collection, including analytics and any future marketing technologies, for that browser or device.

Pearl Street does not sell personal data, share personal data for cross-context behavioral advertising, or disclose personal data to unaffiliated third parties for their own direct marketing purposes.

No Online Purchases; Commercial Terms

The Website is informational and does not currently process purchases, payments, subscriptions, or online orders. Any proposal, purchase, installation, maintenance, service, or other commercial relationship with Pearl Street will be governed by a separately executed agreement or other written terms provided by Pearl Street, not by Website content alone.

Additional written terms and conditions may apply to specific proposals, projects, products, services, or features. If there is a conflict between these Terms of Use and a separately executed written agreement between you and Pearl Street, the separately executed written agreement will control solely with respect to its subject matter.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in a way that suggests any form of association, approval, sponsorship, or endorsement by Pearl Street without our prior written consent.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content with which they are displayed, and otherwise in accordance with any additional terms and conditions we provide. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents, terms, or privacy practices of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you access any third-party website linked to this Website, you do so entirely at your own risk and subject to that website’s terms and privacy policy.

Geographic Restrictions

The owner of the Website is based in the State of New Jersey in the United States. Pearl Street provides turnkey energy upgrades for commercial, institutional, healthcare, and government facilities primarily in New York and New Jersey, and we provide the Website for use by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside the United States or for services outside of the Northeast and Mid-Atlantic region of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website 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 any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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 WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY INFORMATION SUBMITTED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, OR BUSINESS INTERRUPTION, WHETHER CAUSED BY TORT, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct, or to liability that cannot be excluded or limited under applicable law.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys’ fees, arising out of or relating to your violation of these Terms of Use, your misuse of the Website, your submission of information or materials through the Website, your violation of any rights of another person or entity, or your use of any Website content, services, or information other than as expressly authorized in these Terms of Use.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising from or related to them, including non-contractual disputes or claims, will be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule.

Subject to the Commercial Arbitration section, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website that is not required to be arbitrated, including any action to compel arbitration, enforce an arbitral award, or seek injunctive or emergency relief, will be instituted exclusively in the federal courts of the United States or the courts of the State of New Jersey, in each case located in New Jersey. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

BINDING ARBITRATION

Except for claims that qualify for small claims court and requests for injunctive or emergency equitable relief, any dispute, claim, or controversy arising out of or relating to these Terms of Use, the Website, or your use of the Website will be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules.

The arbitration will take place in Somerville, New Jersey, unless the parties agree in writing to another location or remote proceeding. The arbitrator will apply the internal laws of the State of New Jersey, without regard to conflict-of-law rules.

The arbitration will be heard by one neutral arbitrator, unless the AAA rules require otherwise or the parties agree in writing to a three-arbitrator panel. The arbitrator may award any relief available in court, subject to the limitations and exclusions in these Terms of Use.

Each party will pay its own attorneys’ fees and costs in arbitration, except that the AAA filing, administrative, and arbitrator fees will be allocated as provided by the AAA Commercial Arbitration Rules unless the arbitrator determines that applicable law requires a different allocation. The arbitrator may award fees or costs to the prevailing party only if authorized by applicable law or a written agreement between the parties.

Nothing in this section prevents either party from seeking temporary, preliminary, emergency, or permanent injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights, confidential information, privacy rights, security controls, or the availability or integrity of the Website.

Class Action Waiver

You and the Company agree that each may bring claims against the other only in an individual capacity and not as a plaintiff, claimant, or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any class, collective, consolidated, private attorney general, or representative proceeding.

If any portion of this Class Action Waiver is found unenforceable with respect to a particular claim or request for relief, then that claim or request for relief will proceed in court and not in arbitration, and any arbitrable claims will be stayed pending the outcome of the court proceeding unless the parties agree otherwise.

Limitation on Time to File Claims

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

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use, our Privacy Policy, and our Cookie Policy, together with any written terms or agreements that expressly apply to a Pearl Street proposal, project, product, or service, constitute the sole and entire agreement between you and Pearl Street Systems and Engineering, LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This Website is operated by Pearl Street Systems and Engineering, LLC, 7 Commerce Street, Somerville, NJ 08876.

Copyright infringement notices and DMCA counter-notifications should be sent as described in the Copyright Infringement and DMCA Notices section above.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed through the Contact form on the Website or to Pearl Street Systems and Engineering, LLC, 7 Commerce Street, Somerville, NJ 08876, Phone: 908-923-4150, email: info@pearlstreetsystems.com.