Website Terms of Use, Part 2.

Website Terms of Use, Part 2.

 

Use of Widgets Available on Our Site

 

     As part of our Site, there may be links available to you for use and display on your website or personal page (the "Widgets"). We grant you a revocable, non-exclusive, worldwide, royalty-free license for the duration of the term of these Terms of Use, solely for purposes of facilitating referrals from your site or personal page to the Powerenz.com Site, to display Widgets on your site. Without limiting other remedies, we may limit, suspend or terminate this license and/or your right to access or display Widgets at any time for any reason, including but not limited to your display of Widgets on a site or in a manner that we deem unacceptable for any reason.

     Except for the license granted herein, you do not obtain any rights under these Terms of Use in any intellectual property, including, without limitation, any intellectual property with respect to the Widgets, link formats, technical specifications, guidelines or graphical artwork, or with respect to the Powerenz.com domain name. For avoidance of doubt, the foregoing license does not grant you any right to use any Powerenz trademarks, service marks, trade names, domain names, trade dress or other proprietary logo or indicia (collectively "Trademarks") except as such Trademarks may be included by us within the default configuration of a Widget.

     In connection with your use and display of Widgets, you will: (a) use any data, images, text, or other information obtained by you from us ("Widget Content") only in a lawful manner and only in accordance with the terms of these Terms of Use; (b) not modify or alter Widgets; (c) not sell, redistribute, sublicense or transfer any Widget Content; and (d) not use or display Widgets or any Widget Content in a manner intended to send sales to any site other than the Powerenz.com Site.

     You will not display Widgets on any sites or pages that:

1.   Promote sexually explicit material

2.   Promote violence or hate toward any persons or groups;

3.   Promote illegal activities;

4.   Promote alcohol, tobacco, gambling/lottery in any way;

5.   Promote the use of pyramid, "ponzi", or similar investment schemes;

6.   Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

7.   Contain, in our sole judgment, material that is defamatory, fraudulent, or harassing to us or any third party;

8.   Contain blogging of any form;

9.   Include "powerenz", "powerends" or variations or misspellings thereof in their domain names;

10.  Otherwise violate intellectual property rights of Powerenz.com, Powerenz, Inc. or its suppliers; or

11.  Disparage Powerenz.com, Powerenz, Inc. and/or its affiliates, or their suppliers;

 

Colors

 

     We have made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

 

Indemnification

 

     You agree to defend, indemnify and hold harmless Powerenz.com and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or any breach by you of these Terms of Use.

 

Termination

 

     These Terms of Use are effective unless and until terminated by either you or Powerenz.com. You may terminate these Terms of Use at any time, provided that you discontinue any further use of this Site. Powerenz.com also may terminate these Terms of Use at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Powerenz.com's sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or Powerenz.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise.

 

Disclaimer

 

     THIS SITE IS PROVIDED BY POWERENZ.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. POWERENZ.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, POWERENZ.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, POWERENZ.COM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE POWERENZ.COM WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

 

Limitation of Liability

 

     UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL POWERENZ.COM OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE POWERENZ.COM WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF POWERENZ.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

 

General Agreement

 

     This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of POWERENZ.COM to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit POWERENZ.COM's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Georgia law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of Georgia and you consent to the exclusive personal jurisdiction of such courts.

 

DMCA Notice

 

Procedure for Making and Responding to Claims of Copyright Infringement

     It is the policy of Powerenz.com to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the "DMCA"), where applicable.

     Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to Powerenz.com's Designated Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this Site, please notify us by contacting our Designated Agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to Powerenz.com's Designated Agent listed below.

     To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to Powerenz.com's Designated Agent that includes the following:

1.      A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2.      Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3.      Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Powerenz.com to locate the material;

4.      Information reasonably sufficient to permit Powerenz.com to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5.      A statement that the complaining party has 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

6.      A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

     Powerenz.com's Designated Agent for notice of claims of copyright infringement can be reached as follows:

By mail:
Barry Renz
Powerenz, Inc.

1339 Marietta Country Club Drive NW, Kennesaw, Georgia, USA  30152

By e-mail: powerenz@yahoo.com

This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on this Site.

     Upon receipt of a valid notification of alleged copyright infringement by a third party, Powerenz.com shall remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to this material.

     You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer or by Powerenz.com, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

     If a notice of copyright infringement has been filed against you, you may file a counter notification with the Designated Agent at the address listed above.

     To be effective, a counter notification must be a written communication provided to Powerenz.com's Designated Agent that includes the following:

1.      A physical or electronic signature;

2.      Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

3.      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 of the material to be removed or disabled; and

4.      Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located and that you will accept service of process from the complainant who provided the original notification or an agent of such person or entity.

     If Powerenz.com receives a valid counter notification, it shall provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 10 to 14 days from receipt of the counter notification, and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that Powerenz.com has not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on Powerenz.com's system.

     You should be aware that the DMCA provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Claimants who make misrepresentations in their the counter notification statement may be liable for any damages, including costs and attorneys' fees, incurred by any copyright owner or copyright owner's authorized licensee, or by Powerenz.com, if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.

Prohibited Use

The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site. Powerenz specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:

1.      Posting any information which is incomplete, false, inaccurate or not your own;

2.      Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol;

3.      Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;

4.      Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;

5.      Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;

6.      Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws;

7.      Attempting to interfere in any way with the Site's or Powerenz’s networks or network security, or attempting to use the Site's service to gain unauthorized access to any other computer system; and/or

8.      Communicating, transmitting, or posting material that is in violation of applicable laws or regulations.

 

Security Rules

 

     Violations of system or network security may result in civil or criminal liability. Powerenz will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

1.      Accessing data not intended for you or logging on to a Powerenz server or account, which you are not authorized to access;

2.      Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);

3.      Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing" the Site; and/or

4.      Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to our Site.