IMPORTANT - PLEASE NOTE THAT THIS AGREEMENT CONTAINS PROVISIONS WHICH GOVERN THE WAY CLAIMS ARE BROUGHT BETWEEN YOU, powerwattwise.com, AND INCLUDES AN ARCURATION REQUIREMENT AND A WAIVER OF JURY TEST AND CLASS ACTION (SEE SECTION 11, BELOW). PLEASE REVIEW THAT SECTION CAREFULLY, AS IT IMPACTS THE PARTIES' RIGHTS IN ANY DISPUTE
Terms and Conditions of Site Use
The Website is an Internet property of powerwattwise.com ("www.powerwattwise.com ", "we" or "us"). When you (1) access or utilize the Website, and/or (2) buy products or services on our Website (the "Online Products"), you agree to these Website Terms of Usage in their entirety. By reference, all applicable rules and policies for website operation, including price schedules, and supplemental terms and condition documents are hereby expressly incorporated into this Agreement (collectively the "Agreement"), as well as our Privacy Policy ("Privacy policy"), and any other applicable operating rules and policies, and any other documents or terms that may be published at various times. Please read the Agreement carefully. You are not allowed to use this Website in any way or form if you do not agree with the entire Agreement.
1. Definitions
Websites shall refer to all the areas and services available or offered on the interactive online service that we and/or affiliates operate on the World Wide Web. Information, services, and content are provided by us or our affiliates as well as third parties.
2. The following are some general guidelines:
We reserve the right to discontinue or change any feature or aspect of the website, including but not limited content, availability hours, and the equipment required for access or usage. These changes, modifications or additions will take effect immediately, without any further notice. Modifications to these terms and conditions may be made by posting a revised version on the website or by notification via electronic mail. The use of these websites following such notice will be conclusively interpreted as acceptance of any changes, modifications or additions. The user agrees that he will review the terms and condition of this Agreement on a regular basis to stay informed of any revisions.
3. "Express Consent"
By clicking "SUBMIT", I agree to receive text messages by powerwattwise.com or its business partners. By signing, I consent to receive recurring contacts from powerwattwise.com and its business partners regarding their products or services by live, automated, or prerecorded phone calls, text messages, or emails. I understand that I may be charged by my phone company for these contacts. I am also aware that I am not obligated to sign this agreement in order to purchase goods or services. I am aware that I may revoke my consent at any point.
To cancel SMS campaigns, text STOP and HELP to get help. Data & Msg rates may apply. Recurring messages up to nine messages per month.
4. The powerwattwise.com websites are for your personal use only.
A. These websites contain trademarks, proprietary information, text, software and photos. They also include graphics, videos, audio, music, and video. The entire content of these websites is copyrighted under United States copyright laws. We are the owner of the copyright in the entire www.powerwattwise.com site. We are the owner of the copyright for the original content as well as the coordination, arrangement, and enhancements. The copyright to the original content belongs to each third-party content provider. The content on the website or any part of it may not be modified, published, transmitted, displayed, participated in the sale or transfer, created derivative works or exploited in any other way. You may not copy, distribute, publish, show, or exploit material from our websites for commercial purposes, except as expressly allowed by copyright laws. If you copy, distribute or publish material from our websites, we will not change or remove any author attributions, trademarks, legends or copyright notices. By downloading or copying material that is copyrighted, you acknowledge that no ownership rights are acquired.
B. By sending us any data, information, video or graphic to powerwattwise.com, you grant us the right to reproduce, adapt, modify, publish, translate and create derivative works. You also give us permission to distribute, perform, display and perform any work based on that data or information.
C. Please provide us with complete, accurate and up-to-date information at the time you purchase.
D. This website may include links to advertisers, other websites and resources. We are not liable for the availability or content of external sites. We will not be liable for any direct or indirect loss or damage to users resulting from the use or reliance of any goods, services, or content available on an external site. Any concerns should be directed to the administrator or webmaster of that external site.
You agree to not take any actions that may interfere with the functionality or accessibility of this website, or restrict access to it by others.
F. These provisions are in the interest of us and our affiliates. They also benefit third-party content providers, licensors and other licensors. Each of these parties has the right to enforce the provisions on their own behalf, or with others.
G. The website has been designed with the intention of providing certain content in a specific format and appearance to the users. The content of this website may not be used in a way that is contrary to the stated purpose. We prohibit, in particular, that any third party may display the content of the website in a format in which advertising or other material from third parties we have not authorized in writing can be viewed or viewed together with our proprietary contents.
5. Limitation of liability; Disclaimer of warranty
A. You expressly agree that use of the website is at your sole risk. NEITHER WE NOR OUR AFFILIATES NOR THEIR RESPECTIVE AGENTS OR THIRD PARTY LICENSORS WARRANTS THAT THE WEBSITE WILL NOT BE INTERRUPTED, ERROR-FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS THE RESULTS WHICH MAY BE OBTAINED THROUGH USE OF THIS WEBSITE OR AS THE ACCURACY RELIABILITY AND CONTENT of ANY INFORMATION, SERVICES
B. WEBSITES ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES, EITHER IMPLIED OR EXPRESS, INCLUDING, BUT NOT LIMITED, TO WARRANTIES OR TITLE, OR IMPLIED MERCHANTABILITY, OR FITNESS TO A PARTICULAR PURPOSE.
C. The disclaimers of liability contained in this section apply to any damages or injuries caused, directly or indirectly, by any failure of performance, error, omission, interruption, deletion, defect, delay in operation, transmission, computer virus, communication line failure, theft, destruction, or unauthorised access, alteration, use, and/or unauthorized use of record, whether for breaching contract, tortuous behavior, negligence, other causes, etc. You acknowledge that we are not responsible for the defamatory, offensive or illegal conduct of other users or third parties.
D. WE, OR ANYONE OR ENTITY PARTICIPATING IN CREATING PRODUCING, OR DISTRIBUTING THIS WEBSITE, WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, INCIDENTAL OR CONSEQUENTIAL, ARISING FROM THE USE OR INABILITY OF USING THE WEBSITE, OR THE BREACH OR FAILURE OF ANY WARRANTY. You acknowledge that the provisions of this Section 4 will apply to all content on the website. In no event shall our liability to users, if any, exceed the total amount paid to us.
E. We are not responsible for any offensive, defamatory or obscenity posted by. We will not be liable for any loss or damage caused by your reliance on information obtained through the content of these websites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, or other content available through the websites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, lifestyle, or lifestyle-related information, opinion, advice, and other content.
F. We do not endorse, warrant or guarantee any products or services offered through the websites (with the sole exception being written warranties provided in connection with our products and services) and will not be a party to nor monitor in any way transactions between users and third-party providers of goods or services. As with the purchase of a product or service through any medium, you should use your best judgment and exercise caution where appropriate. We make products or services available on the websites without any warranties of any kind, either express or implied, including but not limited to warranties of title, implied warranties of merchandability, and implied warranty for a particular purpose.
6. Indemnification
You agree to defend and indemnify powerwattwise.com and its affiliates as well as their respective directors and officers, employees, and agents against any and all claims, expenses, and attorneys' fees arising from your use of the powerwattwise.com sites, including claims made by other users who have access to or use of your equipment.
7. Termination
We reserve the right to terminate this Agreement immediately with respect to any users that we, at our sole discretion, deem unacceptable or in the case of any breach of this Agreement by you. The provisions of Sections 4, 5, 6, 7 and 8 will survive the termination of this Agreement.
8. Trademarks
All trademarks displayed on this website are owned by their respective owners. This includes, in certain instances, the Company and/or its affiliated companies.
9. Refund Policy
How To Initiate A Refund: If by any chance, you decide that one of our products are not for you, you can easily request your money back by sending an email to support@powerwattwise.com or contacting our Customer Support Team at (833) 428-5658 or visit www.powerwattwise.com
10. Shipping Policy
The shipping fees can vary depending on the destination. All orders placed Monday through Friday between 6am and 3pm will be shipped within 24 hours. Business days are defined as Monday to Friday, excluding postal holidays. Your order includes handling. You will receive an email confirmation as soon as your order has been shipped. This will include the tracking number necessary to track your order's progress. Delivery time: USA: 3 to five business days
11. Arbitration Agreement and Jury Trial Waiver. Class Action Waiver.
You agree that all disputes, controversies or claims (including the interpretation of this clause and the arbitrability) between you, powerwattwise.com, will be exclusively settled by binding and confidential arbitration. Arbitration shall be conducted in the county and state where you reside, subject to Florida law.
Arbitration shall be subject to the Federal Arbitration Act and not any state or provincial/territorial arbitration law. The arbitration will be conducted by a commercial arbitrator who has substantial experience in resolving contract disputes, from a nationally recognized organization such as JAMS. This arbitration will follow the standard rules and procedure of that organization. You agree to give up your right to go to court to assert or defend rights in the event of arbitration, where allowed by law. This does not apply to matters filed with small claims courts. You will have your rights determined by a NEUTRAL ARBITRATOR, NOT a judge or jury. The arbitration procedure is SIMPLIER AND LESS RESTRICTIVE than the rules that apply in court. Arbitrator's decisions are as binding as court orders and subject to very limited review by a judge.
If you choose arbitration, you must follow the following rules. (1) You and powerwattwise.com are required to bring any claims in your individual capacity, not as a class member or plaintiff in any purported representative or class proceeding. (2) The arbitrator cannot combine more than one person's claims, may not preside over any form of a representative or 'class' proceeding, and may never award 'class-wide relief'. (3) In the event you
If a party does not proceed with arbitration, fails to challenge the arbitrator's decision or does not comply with it, then the other party is entitled to the costs of the suit, including reasonable attorney's fees.