TERMS AND CONDITIONS OF USE
We have taken every effort to design our
Web sites to be useful, informative, helpful, honest and
fun. Hopefully we’ve accomplished that — and would ask
that you let us know if you’d like
to see improvements or changes that would make it even easier
for you to find the information you need and want.
All we ask is that you agree to abide by
the following Terms and Conditions. Take a few minutes to look
them over because by using our sites you
automatically agree to them.
Naturally, if you don’t agree, please do not use the
sites. We reserve the right to make any modifications
that we deem necessary at any
time. Please continue to check these terms to see what
those changes may be! Your continued use of the
power-trust.com Web sites means that you
accept those changes.
THANKS AGAIN FOR VISITING!
Restrictions on Use of Our Online
Materials
All Online Materials on the
power-trust.com sites, including, without limitation, text,
software, names, logos, trademarks, service marks, trade names,
images, photos, illustrations, audio
clips, video clips, and music are copyrighted intellectual
property. All usage rights are owned and controlled by
power-trust.com .
You, the visitor, may download Online
Materials for non-commercial, personal use only provided you 1)
retain all copyright, trademark and propriety notices,
2) you make no modifications to the
materials, 3) you do not use the materials in a manner that
suggests an association with any of our products,
services, events or brands, and 4)
you do not download quantities of materials to a database,
server, or personal computer for reuse for commercial purposes.
You may not, however, copy,
reproduce, republish, upload, post, transmit or distribute
Online Materials in any way or for any other purpose unless you
get our written permission first.
Neither may you add, delete, distort or misrepresent any
content on the power-trust.com sites. Any attempts to modify
any Online Material, or to defeat or
circumvent our security features is prohibited.
Everything you download, any software,
plus all files, all images incorporated in or generated by the
software, and all data accompanying it, is considered
licensed to you by power-trust.com or
third-party licensors for your personal, non-commercial home
use only. We do not transfer title of the software to
you.
That means that we retain full and
complete title to the software and to all of the associated
intellectual-property rights. You’re not allowed to
redistribute or sell the material or
to reverse-engineer, disassemble or otherwise convert it to any
other form that people can use.
Submitting Your Online Material to
Us
All remarks, suggestions, ideas,
graphics, comments, or other information that you send to
power-trust.com through our sites (other than information
we promise to protect under our
privacy policy) becomes and remains our property, even if this
agreement is later terminated.
That means that we don’t have to treat
any such submission as confidential. You can’t sue us for using
ideas you submit. If we use them, or anything like
them, we don’t have to pay you or anyone
else for them. We will have the exclusive ownership of all
present and future rights to submissions of any kind. We
can use them for any purpose we deem
appropriate to our power-trust.com mission, without
compensating you or anyone else for them.
You acknowledge that you are responsible
for any submission you make. This means that you (and not we)
have full responsibility for the message, including
its legality, reliability, appropriateness,
originality, and copyright.
Limitation of Liability
power-trust.com WILL NOT BE LIABLE FOR
ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF
ANY OF ITS SITES.
THESE INCLUDE (BUT ARE NOT LIMITED TO)
DAMAGES OR INJURY CAUSED BY ANY:
USE OF (OR INABILITY TO USE) THE
SITES
USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK
FROM OUR SITES
FAILURE OF OUR SITES TO PERFORM IN THE MANNER YOU EXPECTED OR
DESIRED
ERROR ON OUR SITES
OMISSION ON OUR SITES
INTERRUPTION OF AVAILABILITY OF OUR SITES
DEFECT ON OUR SITES
DELAY IN OPERATION OR TRANSMISSION OF OUR SITES
COMPUTER VIRUS OR LINE FAILURE
PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES,
INCLUDING:
DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR
INJURY
DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY
(KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.")
OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY
FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS
"INCIDENTIAL DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT
ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL"
OR "CONSEQUENTIAL" DAMAGES. IF YOU
LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY
WOULD NOT APPLY WHICH WOULD MEAN THAT YOU
MIGHT HAVE THE RIGHT TO RECOVER THESE
TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO
YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND
EVERY KIND (WHETHER THE DAMAGES ARE
CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED
BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL
THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF
ANYTHING TO ACCESS OUR
SITES.
Links to Other Sites
We sometimes provide referrals to and
links to other World Wide Web sites from our sites. Such a link
should not be seen as an endorsement, approval or
agreement with any information or resources
offered at sites you can access through our sites. If in doubt,
always check the Uniform Resource Locator (URL)
address provided in your WWW browser to see
if you are still in a power-trust.com -operated site or have
moved to another site. power-trust.com is not
responsible for the content or practices of
third party sites that may be linked to our sites. When
power-trust.com provides links or references to other
Web sites, no inference or
assumption should be made and no representation should be
inferred that power-trust.com is connected with, operates or
controls these Web sites. Any
approved link must not represent in any way, either explicitly
or by implication, that you have received the endorsement,
sponsorship or support of any
power-trust.com site or endorsement, sponsorship or support of
power-trust.com , including its respective employees, agents or
directors.
Termination of This Agreement
This agreement is effective until
terminated by either party. You may terminate this agreement at
any time, by destroying all materials obtained from all
power-trust.com Web sites, along
with all related documentation and all copies and
installations. power-trust.com may terminate this agreement at
any time and without notice to you,
if, in its sole judgment, you breach any term or condition of
this agreement. Upon termination, you must destroy all
materials. In addition, by providing
material on our Web sites, we do not in any way promise that
the materials will remain available to you. And power-trust.com
is entitled to terminate all or any
part of any of its Web sites without notice to you.
Jurisdiction and Other Points to
Consider
If you use our site from locations
outside of the U.K., you are responsible for compliance with
any applicable local laws.
These Terms of Use shall be governed by,
construed and enforced in accordance with the laws of England
and Wales. Any action you, any third party or we,
bring to enforce these Terms, or in
connection with any matters related to the
power-trust.com Web Sites, shall be brought only in the
courts of England and Wales and you expressly consent to the jurisdiction of said
courts.
To the extent you have in any manner
violated or threatened to violate power-trust.com and/or its
affiliates' intellectual property rights, power-trust.com
and/or its affiliates may seek
injunctive or other appropriate relief in any court in the
U.K., and you consent to exclusive jurisdiction and venue in
such courts.
Any other disputes will be resolved as
follows:
If a dispute arises under this
agreement, we agree to first try to resolve it with the help of
a mutually agreed-upon mediator in the following location:
Stafford, England. Any costs and
fees other than lawyer fees associated with the mediation
will be shared equally by each of us.
If it proves impossible to arrive at a
mutually satisfactory solution through mediation, we agree to
submit the dispute to binding arbitration at the
following location: Stafford,
England. Judgment upon the award rendered by the arbitration
may be entered in any court with jurisdiction to do
so.
power-trust.com may modify these Terms
of Use, and the agreement they create, at any time, simply by
updating this posting and without notice to you. This
is the ENTIRE agreement regarding all the
matters that have been discussed.
The application of the United Nations
Convention on Contracts for the International Sale of Goods, as
amended, is expressly excluded.
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