Terms and conditions
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").
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
You also understand that PowerSave, Inc. () 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.
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.
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.
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
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
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.
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.
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:
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.
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 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.
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.
Links from our website
With whom we share Information
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
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
Notification of Changes
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.