Acceptance of Terms
Your use of the website located at www.powerofhumans.com (the “Website”), which is owned and operated by [insert] (“we” “us” or “POH”), is subject to these terms and conditions (“Agreement”). By accessing or using the Website, or services offered on the Website, you agree to follow and be bound by this Agreement. Your use of the Website may also subject to additional posted rules, guidelines, disclaimers or terms of service. Should there be a conflict between any other such rule, guidelines, or terms of service and this Agreement, the provisions of this Agreement shall govern.
Modifications to Website, Services and Content
We reserve the right to modify, in part or in whole, or temporarily or permanently discontinue, the Website, this Agreement and/or any content or features contained on the Website for any reason and at anytime without notice to you. We reserve the right to delete, modify or supplement the content and/or features of the Website at any time for any reason without notification to anyone. Any amendment to or modification of any terms or conditions governing your use of the Website, including this Agreement, will be effective upon posting.
We periodically schedules system downtime for maintenance and other purposes and the Website may be unavailable due to unplanned system outages. We shall have no liability whatsoever for the resulting unavailability of the Website or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or nondelivery of information caused by such system outages.
Website Content Warranty and Disclaimer of Warranties
We use commercially reasonable security measures to protect against the loss, misuse, and alteration of the information under our control. However, we do not and cannot guarantee that unauthorized third parties will never be able to defeat those security measures. We makes no representations or warranties with regard to the sufficiency of these security measures and we shall not be responsible for any actual or consequential damages that result from a security breach.
Third Party Content and Links
The Website contains links to websites and content controlled by parties that we do not endorse and whom we are not affiliated with. We are not responsible for and do not endorse or accept responsibility over the content or opinions expressed by any third party. We makes no representations or warranties with regard to the products, services or content of any such third parties.
The contents of the Website, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the “Content”) is the property of Power of Humans or is licensed to Power of Humans and used with permission. Such content is protected by federal and international copyright and trademark laws, or other proprietary rights. Unless we expressly provide you with the ability to share content located on the Website (such as social media buttons or similar features), you agree that you do not have the right to copy, modify, transmit, sell, distribute, license or create derivative works using any content located on the Website. Certain Content may be licensed from third parties and all such third party Content and all intellectual property rights related to the third party Content belong to the respective third parties. You may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Website or the content located on the website.
The Website may enable you to submit or upload content to the Website. You agree that any content you submit to the Website shall not (a) be false, inaccurate or misleading; (b) be obscene or indecent; (c) contain any viruses, Trojan horses, worms, time bombs, or other mean computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; or (e) be defamatory, libelous, unlawfully threatening or harassing.
We reserve the right, but shall not be obligated, to review all content submissions prior to or after such content has been posted to the Website.
Digital Millennium Copyright Act (DMCA)/Copyright Policy
We respect the intellectual property rights of others. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users, or remove content submitted by third parties, that may infringe or repeatedly infringe the copyrights or other intellectual property rights of others.
Notice For Claims of Intellectual Property Violations and Agent For Notice
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Attn: Copyright Agent
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with a notice containing the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on our Website, with enough detail that we may find it on the Website;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owners behalf.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING OR MAINTAINING THE WEBSITE OR PROVIDING PRODUCTS OR SERVICES THROUGH THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES) THAT RESULT FROM (A) THE USE OF OR INABILITY TO USE THE WEBSITE (B) THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS, WARRANTIES, GUARANTEES OR CONDUCT OF WE OR ANY THIRD PARTY ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO STATEMENTS ABOUT THE USE OR FUNCTIONALITY OF ANY MERCHANDISE PURCHASED THROUGH THE WEBSITE; OR (E) ANY OTHER MATTER RELATING TO THE WEBSITE.
YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE LESSER AMOUNT OF ANY FEES PAID, IF ANY, TO US FOR THE USE OF THE WEBSITE BY YOU OR $1.00. BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW.
You agree to indemnify, defend and hold us and our affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys’ fees) resulting from (i) your use, misuse or abuse of the Website, (ii) your use of products or services provided through the Website, or (iii) your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in our defense of any claim. We reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our prior written consent.
Applicable Law/International Issues
Information that is submitted to the Website will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law. If you are a non-U.S. user, you acknowledge and agree that we may collect and use any of your information that you provide to us outside of your jurisdiction. In addition, such information may be stored on servers located outside your jurisdiction. U.S. law may not provide the degree of protection for information that is available in other countries. By providing us with your information, you acknowledge that your have read this Agreement, understand it, agree to its terms and consent to the transfer of such information outside of your jurisdiction. If you have already provided us with information and do not consent to this Agreement, you contact us and request that we delete your information.
Governing Law and Jurisdiction
This Agreement shall be governed and interpreted in accordance with the laws of the United States and the state of Wisconsin. Any disputes arising out of this Policy shall be adjudicated in a court of competent jurisdiction in the Eastern District of the state of Wisconsin.