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Privacy Policy

Terms of Use

© PowerSave, Inc.

2010, 2011, 2012.  

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info@powersave.us

Terms and conditions   

PowerSave, Inc. Terms of Use

Last Updated November 2009
LEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
This agreement (the "Agreement") is entered between PowerSave, Inc. ("PowerSave"), a Florida corporation with a principal place of business at 6278 N. Federal Highway, Fort Lauderdale, Fl 33308, and the party (hereinafter referred to as "You") utilizing the Internet web site created and supported by PowerSave, Inc. (the "Site").
All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. You should carefully read the Terms of Use before using The Site. By using The Site you agree to be bound by the terms and conditions of use set forth in the Terms of Use. The terms and conditions are also in congruence with PowerSave, Inc.
Private Policy Agreement.
PowerSave, Inc. may change, modify, add or remove any portion of these Terms of Use at any time, and such modifications shall be effective immediately upon posting of the modified agreement.
If you do not agree to these terms and conditions, please do not use this site and leave the site immediately.

Information & Use on the Website

THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS, AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, POWERSAVE, INC. AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. POWERSAVE, INC PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY,

While every effort is/was made to update the information contained on this website, neither PowerSave, Inc. nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. PowerSave, Inc. reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please email us at info@powersave.us

You also understand that PowerSave, Inc. (www.powersave.us) cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. PowerSave, Inc. also does not warrant that the functions contained in the site or any
YOU EXPRESSLY UNDERSTAND AND AGREE THAT POWERSAVE, INC SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF POWERSAVE, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. IN THE EVENT THE FOREGOING LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT POWERSAVE, INC AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED FIFTY DOLLARS ($50.00)
ALL ARTICLES AND MATERIAL DISPLAYED BY POWERSAVE, INC. ON THE SITE ARE FOR INFORMATION ONLY, ARE NO SUBSTITUTE FOR SPECIFIC ADVICE, AND ARE IN NO MANNER TO BE CONSIDERED LEGAL ADVICE OR OTHER LICENSED PROFESSIONAL ADVICE OR A SUBSTITUTE THEREFOR. FOR SPECIFIC LEGAL ADVICE REGARDING YOUR PARTICULAR CIRCUMSTANCES, YOU MUST RETAIN LEGAL COUNSEL.

Access to site

YOUR ACCESS TO AND USE OF THE SITE MAY BE TERMINATED AT ANY TIME FOR ANY REASON OR FOR NO REASON BY YOU OR BY US.

Trade Marks

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are PowerSave, Inc. (www.powersave.us), its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.
You represent, warrant and covenant that you are at least eighteen (18) years old, and that you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (i) Restrict or inhibit any other user from using and enjoying the Site; (ii) Are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law; (iv) Violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) Contain a virus or other harmful component; (vi) Contain any information, software or other material of a commercial nature; (vii) Contain advertising of any kind; or (viii) Constitute or contain false or misleading indications of origin or statements of fact.
You may not use any robot, spider, or other automatic device or process to monitor or copy our web pages or any portion of the content contained herein without our express written permission.

Indemnification

You hereby agree to indemnify, defend and hold harmless PowerSave, Inc., and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you. The provisions of this paragraph are for the benefit of PowerSave, Inc. and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Typographical Errors

In the event that a PowerSave, Inc. product is mistakenly listed at an incorrect price, PowerSave, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. PowerSave, Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, PowerSave, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.

Third Party Communication

You acknowledge that transmissions to and from The Site are not confidential and your Communications may be read or intercepted by others. Any unprotected e-mail communication over the Internet is subject to possible interception or loss, is not confidential and is also subject to possible alteration. We are not responsible for and will not be liable to you or any third party for damages in connection with an e-mail sent by you to us or an e-mail sent by us to you, or anyone you designate, at your request. Violators of this section who use our services for any illegal purpose including but not limited to repeated unwanted emails or “Spam,” may be prosecuted to the full extent of the law.” You acknowledge that by submitting Communications to PowerSave, Inc., no confidential, fiduciary, contractually implied or other relationship is created between you and PowerSave, Inc. other than pursuant to these Terms of Use and any subsequent written agreement entered into with PowerSave, Inc.

Third-Party Links

In an attempt to provide increased value to our visitors, PowerSave, Inc. may link to sites operated by third parties. However, even if the third party is affiliated with PowerSave, Inc., PowerSave, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of PowerSave, Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, PowerSave, Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Governed state of affairs

The Site, any information provided from it and the Terms of Use are given and made in the state of Florida, United States of America. THESE TERMS OF USE AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA applicable to agreements made and to be performed in Florida, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. You agree that any and all legal action or proceedings between PowerSave, Inc. and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Broward County, state of Florida.
Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of PowerSave, Inc.) must be commenced within one (1) year after the claim or cause of action arises. PowerSave, Inc. failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. PowerSave, Inc may assign its rights and duties under this Agreement to any party at any time without notice to you.
Should any part of the Agreement be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Agreement had been eliminated.
This Agreement may be terminated by either party without notice at any time for any reason; provided that You may no longer use the Site after You have terminated this Agreement.

Comments or Questions.

If you have any questions, comments or concerns arising from the website, the privacy policy, or terms of use policies please send an email to info@powersave.us.


PRIVACY POLICY 

General

At ENERATI, we respect your need for online privacy and protect any Personal Information that you may share with us, in an appropriate manner. Our practice as regards use of your Personal Information is as set forth below in this Privacy Policy Statement. As a condition to use of ENERATI Services, you consent to the terms of the Privacy Policy Statement as it may be updated from time to time. In the event of a material change, we shall notify you via email or by means of a prominent notice on the website. This Privacy Policy Statement applies exclusively to www.ENERATI.com.

Please direct all your inquiries pertaining to this Privacy Policy Statement or the service to us at the contact information below.

Mailing Address: 6278 N. Federal Highway #294, Fort Lauderdale, FL 33308. We can be reached via e-mail at privacy@ENERATIcorp.com or you can reach ENERATI Customer Support Services by telephone at 888 636-0444.

 

Children's Online Privacy Protection

ENERATI does not knowingly collect Personal Information from users who are under 13 years of age.

 

Demo Login

Since we understand that you may wish not to disclose your Personal Information for trying out our ENERATI Services, we provide you the option of a Demo Login for some of the ENERATI Services. The contents created by you using the Demo Login will be accessible to all persons using the Demo Login. Hence we specifically request you not to store your personal and sensitive information, files and documents while using the Demo Login as doing so would make them publicly available to all users and consequently may result in your receipt of unsolicited messages.

 

Information Recorded and Use:

Personal Information

During the Registration Process for creating a user account, we request for your name and email address. You will also be asked to choose a unique username and a password, which will be used solely for the purpose of providing access to your user account. Your name and email address will be used to inform you regarding new services, releases, upcoming events and changes in this Privacy Policy Statement.

ENERATI will have access to third party personal information provided by you as part of using ENERATI Services such as contacts in your ENERATI Mail account. This information may include third party names, email addresses, phone numbers and physical addresses and will be used for servicing your requirements as expressed by you to ENERATI and solely as part and parcel of your use of ENERATI Services. We do not share this third party personal information with anyone for promotional purposes, nor do we utilize it for any purposes not expressly consented to by you. When you elect to refer friends to the website, we request their email address and name to facilitate the request and deliver this one time email.

We post user testimonials on the website. These testimonials may include names and we acquire permission from our users prior to posting these on the website. ENERATI is not responsible for the Personal Information users elect to post within their testimonials.

Usage Details

Your usage details such as time, frequency, duration and pattern of use, features used and the amount of storage used will be recorded by us in order to enhance your experience of the ENERATI services and to help us provide you the best possible service.

Contents of your User Account

We store and maintain files, documents, emails and other data stored in your user account at our facilities in the United States. In order to prevent loss of data due to errors or system failures, we also keep backup copies of data including the contents of your user account. Hence your files and data may remain on our servers even after deletion or termination of your user account. We assure you that the contents of your user account will not be disclosed to anyone and will not be accessible even to employees of ENERATI except in circumstances specifically mentioned in this Privacy Policy Statement and Terms of Services. We also do not process the contents of your user account for serving targeted advertisements.

Financial Information

In case of services requiring payment, we request credit card or other payment account information, which will be used solely for processing payments. Your financial information will not be stored by us except for the name and address of the card holder, the expiry date and the last four digits of the Credit Card number. Subject to your prior consent and where necessary for processing future payments, your financial information will be stored in encrypted form on secure servers of our reputed Payment Gateway Service Provider who is beholden to treating your Personal Information in accordance with this Privacy Policy Statement.

Visitor Details

We use the Internet Protocol address, browser type, browser language, referring URL, files accessed, errors generated, time zone, operating system and other visitor details collected in our log files to analyze the trends, administer the website, track visitor's movements and to improve our website.

 

Cookies

We use temporary and permanent cookies to enhance your experience of our ENERATI Services. Temporary cookies will be removed from your computer each time you close your browser. By selecting ‘keep me signed-in’ option in ENERATI Services, a permanent cookie will be stored in your computer and you will not be required to sign-in by providing complete login information each time you return to our website. If you have turned cookies off, you may not be able to use registered areas of the website. We tie cookie information to your email address when you elect to remain logged in so as to maintain and recall your preferences within the website. We may from time to time employ the use of pixel tags on the website and in emails. Pixel tags such as web beacons are 1x1 images that are embedded onto a web page to document traffic and for website analytics without collecting any Personal Information.

We may from time to time employ the services of a third party agent to analyze statistical and aggregate data about our website content and user base. This aggregated information is not personally identifiable and is employed in improving website functionality and offerings. To this end, these third parties may employ the use of cookies and, or pixel tags in providing their services. While these third party cookies are not tied to your Personal Information, ENERATI does not have access to these cookies nor are we responsible for them.

 

Links from our website

Some pages of our website contain external links. You are advised to verify the privacy practices of such other websites. We are not responsible for the manner of use or misuse of information made available by you at such other websites. We encourage you not to provide Personal Information, without assuring yourselves of the Privacy Policy Statement of other websites.

 

With whom we share Information

We may need to disclose Personal Information to our affiliates, service providers and business partners solely for the purpose of providing ENERATI Services to you. In such cases ENERATI will also ensure that such affiliates, service providers and business partners comply with this Privacy Policy Statement and adopt appropriate confidentiality and security measures. We will obtain your prior specific consent before we share or disclose your Personal Information to any person outside ENERATI for any purpose that is not directly connected with providing ENERATI Services to you. We may share generic aggregated demographic information not linked to any Personal Information regarding visitors and users with our business partners and advertisers. Please be aware that laws in various jurisdictions in which we operate may obligate us to disclose user information and the contents of your user account to the local law enforcement authorities under a legal process or an enforceable government request. In addition, we may also disclose Personal Information and contents of your user account to law enforcement authorities if such disclosure is determined to be necessary by ENERATI in our sole and absolute discretion for protecting the safety of our users, employees, or the general public.

 

How secure is your Information

We adopt industry appropriate data collection, storage and processing practices and security measures, as well as physical security measures to protect against unauthorized access, alteration, disclosure or destruction of your Personal Information, username, password, transaction information and data stored in your user account. Access to your name and email address is restricted to our employees who need to know such information in connection with providing ENERATI Services to you and are bound by confidentiality obligations.

 

Your Choice in Information Use

You will be required to register for our ENERATI Services by providing Personal Information. If you choose not to provide your Personal Information, we will be unable to provide you the ENERATI Services. In the event we decide to use your Personal Information for any purpose other than as stated in this Privacy Policy Statement, we will offer you an effective way to opt out of the use of your Personal Information for those other purposes. You may opt out of receiving newsletters and other secondary messages from ENERATI by selecting the ‘unsubscribe’ function present in every message we send.

 

Accessing, Updating and Removing Personal Information

We provide users with access to their Personal Information. Users may correct, update or remove any such Personal Information either by accessing their user account or by contacting ENERATI Customer Support Services. Such changes may take up to 48 hours to take effect. We respond to all enquiries within 30 days.

 

Investigation of Illegal Activity

We may need to provide access to your Personal Information and the contents of your user account to our employees and service providers for the purpose of investigating any suspected illegal activity or potential violation of the terms and conditions for use of ENERATI Services. However, ENERATI will ensure that such access is in compliance with this Privacy Policy Statement and subject to appropriate confidentiality and security measures.

 

Enforcement of Privacy Policy

We make every effort, including periodic reviews to ensure that Personal Information provided by you is used in conformity with this Privacy Policy Statement. If you have any concerns regarding our adherence to this Privacy Policy Statement or the manner in which Personal Information is used for the purpose of providing ENERATI Services, kindly contact ENERATI Customer Support Services at support@ENERATIcorp.com . We will contact you to address your concerns and we will also co-operate with regulatory authorities in this regard if needed.

 

Notification of Changes

Any changes to the Privacy Policy Statement will be posted on our website in order to keep you informed of any changes in nature of information collected, manner of collection, use and sharing of information. If at any point we decide to use Personal Information in a manner different from that stated at the time it was collected, we will notify you by email and provide you with the ability to opt out of these new uses unless you have opted out from receiving all email notifications from us. You will not receive email notification of minor changes to the Privacy Policy Statement. If you are concerned about how your Personal Information is used, you should check back at http://www.ENERATI.com/privacy.html periodically.

 

Blogs and Forums

Should we provide the capacity for users to post information in blogs and forums for sharing information in a public space on the website. This information is publicly available to all users of these forums and visitors to ENERATI. We require registration to publish information, but given the public nature of both platforms, any Personal Information disclosed within these forums may be used to contact users with unsolicited messages. We encourage users to be cautious in disclosure of Personal Information in public forums as ENERATI is not responsible for the Personal Information users elect to disclose.

ENERATI also supports third party widgets on the website that allow users to share articles and other information on different platforms. These widgets do not collect or store any Personal Information from users on the website and simply act as a bridge for your convenience in sharing information.

 

END OF PRIVACY POLICY

If you have any questions or concerns regarding this Privacy Policy Statement, please contact us at legal@ENERATI.com . We shall respond to all inquiries within 30 days of receipt upon ascertaining your identity