Terms of Service

POW.COM Website Terms of Use (“Terms”)

Last updated: June 17, 2016

We know these things are long, but read it anyway. You need to understand what you’re agreeing to when you use our site and services. DO NOT USE POW.COM IF YOU DON’T AGREE TO THESE TERMS.

You may not use POW.COM if you are under 18 years of age, end of story, no exceptions.

Here’s a few important things to know about this agreement:

  • We can’t guarantee the accuracy of our information.
  • You absolutely may not use our information to screen tenants, employees, or make any decisions about another person’s creditworthiness.
  • This is not a site for Private Investigators.
  • This agreement contains an arbitration clause, which means you agree to settle any disputes or disagreements through an arbitration service instead of filing a lawsuit against us in civil court.

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the //www.pow.com website (the “Service”) operated by POW, LLC (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service, even if you don’t create an account with us. Users under eighteen (18) years of age are prohibited from using the Service, and we reserve the right to ask for proof, written or otherwise, of your age.

THIS IS A BINDING AGREEMENT. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

License, Allowable Uses, & Restricted Uses

So long as you remain in compliance with the agreed upon Terms of this Agreement, POW.COM is happy to provide you with a limited, non-exclusive license to use the Site. We can revoke this License in the event of your non-compliance, and you may not transfer it or attempt to sublicense it. Your License permits you to reproduce information from this site, but only for your personal use and so long as you DO NOT REMOVE any copyright or intellectual property notices that appear with that information. Your License does not give you the right to make any determinations about (a) how we provide our service, (b) whether or not we can use subcontractors and third party business partners, or (c) to whom we may provide this service. You agree and understand that your License does not give you any ownership, title, or investment stake in this company or its services.

Everything that appears on the POW.COM website, including the underlying code used to generate the POW.COM website, is the copyrighted intellectual property of POW.COM LLC and you may not copy it, modify it, or use it in any way beyond the scope of your License.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or POW, LLC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting POW, LLC customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide POW, LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize POW, LLC to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, POW, LLC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

POW, LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

POW, LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by POW, LLC on a case-by-case basis and granted in sole discretion of POW, LLC.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of POW, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of POW, LLC.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by POW, LLC.

POW, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that POW, LLC 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 or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Arbitration

POW.COM and You agree to arbitrate any and all disputes and claims between us, for the duration of your use of the service and including any and all claims that might arise prior to or after your use of the service.

However, POW.COM or you may pursue an individual action in small claims court, but only if the possible relief for that action is of a nature that affects in no way, whether harmful or beneficial, POW.COM’s other customers.

Only the court may decide whether or not any and all disputes or claims between us are fit for arbitration, including whether this agreement properly defines the scope and enforceability of any and all disputes or claims between us. The interpretation and enforcement of this provision are governed by the Federal Arbitration Act. Even if you are no longer a User or Subscriber of the Service, this arbitration provision will continue to be in effect.

Indemnification

You agree to defend, indemnify and hold harmless POW, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall POW, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

POW, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at information@pow.com.