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 11201 NW 4th Court, Plantation, Fl, 33325, 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.