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LAST MODIFIED APRIL 2015
THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS AND DISCLAIMERS OF WARRANTIES AND LIABILITY. YOU CONFIRM THAT YOU ARE OVER 18 YEARS OF AGE, AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT, TO SIGN UP FOR PWR UNIVERSITY PRODUCTS AND INCLUDING ITS COURSES, AND TO AUTHORIZE CREDIT CARD PAYMENTS.
Table of Contents
1. Account Eligibility: Your Access and Use of Website & PWR UNIVERSITY Courses
2. Your Compliance with this Agreement
3. PWR UNIVERSITY Course and Memberships
4. Credit/Debit Card Authorization
6. Account Registration – User Id and Password
7. General Rules Regarding Your Use and Access of the PWR UNIVERSITY Website
8. User Generate Content: User Transmissions, Postings or Submissions
9. Intellectual Property Rights to User Generated Content & Permissions to PWR UNIVERSITY
10. DMCA Take Down Provisions: Intellectual Property Rights of Others
11. PWR UNIVERSITY’s Intellectual Property & Proprietary Information.
12. Linking to the Website and Social Media Features
13. Data Stored on Our Servers & Website Security [NEED INFO FROM YOU]
14. Disabling Devices or Viruses – NO WARRANTIES
15. Links from the Website, Third Party Sites and Information, including Guest Experts
16. Advertisements or Promotions
17. No Expectation of Confidentiality
18. DISCLAIMER OF WARRANTIES – READ CAREFULLY
19. LIMITATION OF LIABILITY & DAMAGES
21. Termination of Your Account, Access, and Use
22. Geographic Limitations
23. PWR UNIVERSITY’s Remedies
24. Governing Law and Arbitration
25. Miscellaneous Provisions
2. Your Compliance with this Agreement.
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and accuracy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, access, take a PWR UNIVERSITY Course, become an PWR UNIVERSITY member, use PWR UNIVERSITY’s products or services offered on this Website, and/or use and/or submit information on this Website.
3. The PWR UNIVERSITY Courses, Membership & Fees
A. The PWR UNIVERSITY Courses
PWR UNIVERSITY provides courses on leveraging your leadership power. Each course may include instructional video and materials and questions to better enhance your learning experience. You will need to set-up an account to access the videos and instructional materials. The videos and instructional materials may only be accessed via the website and may not be downloaded or saved in any way. However, your answers to the questions presented throughout the courses will be emailed to you for your later reference.
REFUND POLICY: PWR UNIVERSITY will refund your payment for any course as long as you cancel your order or terminate your account prior to accessing any portion of the course. Because once you access the PWR UNIVERSITY courses, or any portion thereof, you have had the ability to receive the full value of the courses and cannot simply return same, no refunds will be given once you access any PWR UNIVERSITY course, or any portion of any course.
B. PWR UNIVERSITY Membership
PWR UNIVERSITY may offer membership plans and services from time to time. If membership plans and services are officered, the specific details for membership options and availability for same will be set forth on the Course and Membership pages of the website. PWR UNIVERSITY reserves the right to change its membership plans, including fees for same, at any time. Any change will be reflected on the Course and Membership pages of the website and will be applied on to your membership account on a foregoing basis starting with the membership payment or renewal period immediately following the change.
4. Credit/Debit Card Authorization.
You hereby authorize PWR UNIVERSITY to charge your credit card for the fees associated with your purchases on its website. If monthly payment options are offered, you authorize PWR UNIVERSITY to charge your credit card for the amount of the monthly payment, for each month of the applicable payment period. If you have any questions concerning the fees charged to your credit account, please contact us in writing, by sending an email to billing@PWRUniversity.com.
5. Information about You and Your Visits to the Website.
6. Account Registration – User Id and Password.
A. Registration Information Required for Access to PWR UNIVERSITY’s Website.
C. Passwords/ Account ID and Password Security.
• You Are Solely Responsible for Your Account ID and Password.
The PWR UNIVERSITY Website requires you to create a password to access the full Website, including the PWR UNIVERSITY Courses, any resources, links, or other content on the Website. You will be solely responsible for maintaining the confidentiality of your password. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your ID and password. You understand that if you allow others to use your ID or password to enter the Website and/or your account and PWR UNIVERSITY Course and/or Membership, either voluntarily or involuntarily by failing to protect the security of your password, then they may have access to your personal and confidential information. Therefore, you agree that PWR UNIVERSITY shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password by a third party. You shall not allow any person under the age of 18 to use any part of PWR UNIVERSITY’s Courses, Memberships, or Website via your password.
• Breach of Your Password Security. If you have reason to believe that your account and/or password is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure, or use of your ID, password or any credit, debit or charge card number stored on the Website), you must promptly change your password and You agree to immediately notify PWR UNIVERSITY, Inc. of any such breach of your account and/or password security this by sending an email to CustomerService@PWRUniversity.com.
7. General Rules Regarding Your Use and Access of the PWR UNIVERSITY Website.
A. Prohibited Uses
You agree NOT to use the Website:
• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material without PWR UNIVERSITY’s prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
• To impersonate or attempt to impersonate PWR UNIVERSITY, a PWR UNIVERSITY instructor or employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm PWR UNIVERSITY or users of the Website or expose them to liability.
Additionally, you agree NOT to:
• Download, print, or otherwise save, in any format, the PWR Courses, and all content, videos, materials, or information presented therein, except you may keep and retain your answers to any Course questions that are emailed to you.
• Share, send, email, or transmit, in any way, or, in any format, the PWR Courses, and all content, videos, materials, or information presented therein, except you may keep and retain your answers to any Course questions that are emailed to you
• Use the Website in any manner that could disrupt, modify or interfere with PWR UNIVERSITY’s Website, or its associated software, hardware, and/or servers in any way, and you agree not to impede or interfere with others’ use of the Website.
• Alter or tamper with any information or materials on or associated with the Website.
• Attempt to gain access to PWR UNIVERSITY’s internet or website service provider’s by any means other than connecting to service provider’s servers by http requests using a web browser.
• Use the Website in any manner that could disable, overburden, damage, or impair PWR UNIVERSITY’s Website or otherwise interfere with other parties’ use and enjoyment of PWR UNIVERSITY’s Website, including the PWR UNIVERSITY Courses, any resources, links, or other content on the Website, and their ability to engage in real time activities through the Website.
• Obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided through the authorized use of the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.
B. Personal and Non-Commercial Use only.
PWR UNIVERSITY’s Website, including the PWR UNIVERSITY Courses and Materials, any resources, links, or other content on the Website, are for your personal use and non-commercial use only, unless otherwise previously agreed in writing by PWR University. You may not use PWR UNIVERSITY’s Website for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of PWR UNIVERSITY. You may not re-sell, modify, copy distribute, display, send, perform, reproduce, publish, license, create derivative works, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to PWR UNIVERSITY’s Website, including the PWR UNIVERSITY Courses and Materials.
C. Permitted Use of Website Only.
You may use PWR UNIVERSITY’s Website for purposes expressly permitted by this Agreement. As a condition of your use and access and use of PWR UNIVERSITY’s Website, including PWR UNIVERSITY Courses, any resources, links, materials or other content on the Website, you warrant to PWR UNIVERSITY that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement.
D. Interruption of Your Access & Use of Website.
Your access and use of this Website may be interrupted from time to time for any of several reasons, including without limitation, weathers and storms, malfunction of equipment, periodic updating, maintenance and repair of the Website, or other actions that PWR UNIVERSITY, in its sole discretion decides to take. PWR UNIVERSITY reserves the right to suspend or discontinue the availability of this Website, including the PWR UNIVERSITY Courses, any resources, links, or other content on the Website, at any time. No warranty or representation is made that this Website or any part or function including, without limitation, will be available and not subject to interruption at any time.
E. Restriction and Denial of Your Access & Use of Website.
8. User Generate Content: User Transmissions, Postings or Submissions.
As you complete the Courses, you will complete Self-Assessments. These Self-Assessments are considered your User Generated Content. You understand and agree that PWR University will review your Self-Assessment and may use your Self-Assessments for any purpose including without limitation research and marketing. When using your Self-Assessment in any public manner, PWR University will not include your name or any personally identifiable information connecting you to the Self-Assessment. However, your answers to the Self-Assessments are not considered personally identifiable information and may be used and shared publicly by PWR University in any way it sees fit.
Additionally, PWR UNIVERSITY’s Website may act as a venue, through its blogs, videos, messaging, chat rooms or other forum (collectively, the “Public Forums” of “Forums”), allowing the Users, like You, of the Website to contribute information, make statements, post or email questions, and in some place, to post comments on the Website. All such contributions, statements, posts, comments, and any and all input by you or another visitor of any kind, is referred to as “User Generated Content” and must comply with the User Generated Content Guidelines and Restrictions set forth below.
Any User Generated Content you post to PWR UNIVERSITY’s Website will be considered non-confidential and non-proprietary. You understand and acknowledge that you are responsible for any User Generated Content you submit or contribute, and you, not PWR UNIVERSITY, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
You represent and warrant that:
• You own or control all rights in and to the User Generated Content and have the right to grant the license granted above to PWR UNIVERSITY as set forth in the Your Intellectual Property Rights to Your User Generated Content – You Give PWR UNIVERSITY Permission to Use Your User Generated Content section below.
A. PWR UNIVERSITY Is Not Responsible for User Generated Content.
PWR UNIVERSITY is not involved in the actual transmission of User Generated Content provided for or in the Forums. PWR UNIVERSITY does not approve or endorse any of the User Generated Content. You hereby acknowledge and agree that PWR UNIVERSITY has no control over the quality, correctness, timeliness, completeness, safety, truth, accuracy or legality of any of the User Generated Content provided by you or any other person or entity in the Forums. Without limiting the generality of the foregoing, and although PWR UNIVERSITY does not regularly review User Generated Content provided for in the Forums, PWR UNIVERSITY reserves the right to remove or edit any User Generated Content. This is at the discretion, and not an obligation, of PWR UNIVERSITY. As such, PWR UNIVERSITY is not responsible for any failure or delay in removing any User Generated Content. PWR UNIVERSITY is not responsible, or liable to any third party, for the content or accuracy of any User Generated Content posted by you or any other user of the Website.
B. Reliance on User Generated Content of Others Is At Your Own Risk – Use Common Sense.
You may find the User Generated Content posted on the Website by other users to be helpful or offensive, harmful, inaccurate, or deceptive. Please use caution and common sense, and do not rely solely on User Generated Content published or posted on the Website. Immediately report any problems or concerns with User Generated Content to:
However you understand that PWR UNIVERSITY is not responsible for User Generated Content but reserves the right, at its sole discretion, and not an obligation, to remove or edit any User Generated Content.
All statements and/or opinions expressed in any User Generated Content, including any articles and responses to questions and other content, other than the content provided by PWR UNIVERSITY, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of PWR UNIVERSITY. PWR UNIVERSITY is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third party, including any User Generated Content. PWR UNIVERSITY disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
C. Your User Generated Content Guidelines & Restrictions.
Your use of the Website, including all Public Forum is subject to all applicable laws and regulations, and you are solely responsible for any comments or posts you leave on the Website or the Public Forum. In submitting any of your User Generated Content or in using the Website in any manner, you agree and understand that your User Generated Content shall NOT contain any information or material of any kind that:
1) Infringes PWR UNIVERSITY’s or any third-party’s copyright, patent, trademark, trade secrets or other intellectual property rights or proprietary information;
2) Violates any law, common law, statute, ordinance or regulation;
Information or material that is abusive, trade libelous, threatening, unlawfully harassing, defamatory, deceptive, fraudulent, invasive of another’s privacy, obscene, indecent, explicit or vulgar, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable or injurious to PWR UNIVERSITY or any third-party;
4) Contains or promotes any sexually explicit, graphic or pornographic material or content, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
5) Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability or otherwise;
6) Contains any form of malicious code, files, viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to disrupt, damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, software, hardware, or telecommunications equipment or otherwise causes damage, or that or allows you to obtain unauthorized access to any data or other information of any third party;
7) Contains or constitutes chain letters, mass mailings, political campaigning, political or religious viewpoints, any form of “spam”, or any form of lottery or gambling;
8) Is false, inaccurate or misleading, or likely to deceive any person;
9) Breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Website, or attempts to gain access to other network or server via your account on this Website;
10) Involves or contains commercial activities or sales, such as solicitations, contests, sweepstakes and other sales promotions, bartering or advertising;
11) Promotes any illegal activity, or advocate, promote or assist any unlawful act;
12) Causes annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
13) Impersonates any person, or misrepresents your identity or affiliation with any person or organization;
14) Gives the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case;
15) Contains federally trademarked and/or Copyrighted information or materials of others;
16) Contains any information or materials that are designed to interfere with or damage, in any way, PWR UNIVERSITY’s Website and/or the PWR UNIVERSITY Courses;
17) Contains any professional or specialized advice; and/or
Your further agree not to impersonate any person or entity, including any of PWR University’s instructors, employees, or representatives.
D. You Are Solely Responsible for Your User Generated Content.
You are solely responsible for all Your User Generated Content and the consequences of your content, transmissions, postings, and/or submissions. PWR UNIVERSITY is not responsible or liable to you or any third party f or your content or accuracy of any User Generated Content by you or any other use of this Website.
E. Removal of Your User Generated Content.
PWR UNIVERSITY has the right to:
• Remove or refuse to post any User Generated Content for any or no reason in its sole discretion.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, PWR UNIVERSITY has the right to fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS PWR UNIVERSITY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF THEIR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, PWR UNIVERSITY does not review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, PWR UNIVERSITY assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
You own the intellectual property rights to your User Generated Content but you give PWR University permission to use your User Generated content. Any of Your User Generated Content, including your Self-Assessments, Self-Assessment Answers, Course materials, any communication or material that you transmit to this Website or to PWR UNIVERSITY, whether by email or other means, for any reason, will be treated as non-confidential and non-proprietary content. While you retain all rights to the Your User Generated Content, You grant PWR UNIVERSITY (including its agents, employees and assigns), a non-exclusive, royalty–free, paid-up, perpetual, and worldwide right and license to copy, format, distribute, display, publish, translate, adapt, modify, incorporate any or all such information in any media whatsoever and otherwise use Your User Generated Content for any purpose whatsoever, regardless of the form or medium in which it is used.
PWR UNIVERSITY respects the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing PWR UNIVERSITY or User Generated Content, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). PWR UNIVERSITY may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.
If You believe that Your or someone else’s copyright has been infringed by PWR UNIVERSITY or User Generated Content provided on this Website, You (or the owner or rights holder, collectively, “Rights Holder”) should send notification to our designated DMCA agent, Loren Murfield at DMCAagent@PWR Univrsity.com immediately (The Subject Line of the email should specify: DMCA NOTICE TO PWR UNIVERSITY) Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Website is intended as a substitute for qualified legal advice.
DMCA Take Down Notice
To submit a Notice of Infringing Material (Your DMCA Take Down Notice), the Rights Holder should provide the following information:
1. Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
2. Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that contain(s) the material);
3. The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
4. A statement that the Rights Holder has a good faith belief that the use of the material identified above in 2 is not authorized by the copyright owner, its agent, or the law;
5. A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
6. The Rights Holder’s electronic signature.
If Your User Generated Content has been taken down, You may file a counter-notification that contains the following details:
1. Identification of the material that has been removed or to which access has been disabled
and the location at which the material appeared before it was removed or access to it was disabled;
2. A statement, under penalty of perjury, that You have a good faith belief that the material
3. was removed or disabled as a result of mistake or misidentification of the material in question;
4. Your name, address and telephone number;
5. A statement that you consent to the jurisdiction of the United States District Court for the Middle District of Florida, and that You will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person.
6. Your physical or electronic signature.
NOTICES AND COUNTER-NOTICES MUST BE SENT TO:
By Mail to:
PWR University, Inc.
16426 Ivy Lake Dr
Odessa, Fl 33556
The Subject Line should specify: DMCA NOTICE TO PWR UNIVERSITY
You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, PWR UNIVERSITY may temporarily or permanently remove the identified materials from PWR UNIVERSITY’s Website without liability to you or any other party.
All materials found on PWR UNIVERSITY’s Website, including without limitation, PWR UNIVERSITY Courses, Blogs, all written content, documents, logos, photographs, graphics, sounds and images, videos, any and all other materials (the “PWR UNIVERSITY’s Content” or “Materials”) is considered proprietary material, and the intellectual property of PWR UNIVERSITY, or of the party who created and licensed the material or content to PWR UNIVERSITY. No rights or title to any of the PWR UNIVERSITY Content contained on PWR UNIVERSITY’s Website shall be considered transferred or assigned to You.
A. Limitations on Your Use of PWR UNIVERSITY’s Content or Materials
B. Consequence of and Liability for Unauthorized Use of PWR UNIVERSITY’s Content or Materials
C. No warranty for Third-Party Infringement.
PWR UNIVERSITY does not warrant or represent that Your use of materials displayed on, or obtained through, this Website will not infringe on the rights of third parties.
12. Linking to the Website and Social Media Features.
You may link to PWR UNIVERSITY’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on PWR UNIVERSITY’s part without its express written consent.
This Website may provide certain social media features that enable you to:
• Link from your own or certain third-party websites to certain content on this Website.
• Send e-mails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by PWR UNIVERSITY and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must NOT:
• Establish a link from any website that is not owned by you.
• Cause the PWR UNIVERSITY Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of the PWR UNIVERSITY Website other than the homepage.
You agree to cooperate with PWR UNIVERSITY in causing any unauthorized framing or linking immediately to cease. PWR UNIVERSITY reserves the right to withdraw linking permission without notice.
PWR UNIVERSITY may disable all or any social media features and any links at any time without notice, and in our sole discretion.
13. Data Stored on Our Servers & Website Security
14. Disabling Devices or Viruses – No Warranties.
You should routinely scan your system and downloaded files for any viruses or disabling devices. No warranty or representation is made that any content, service, product, or function of this Website including, without limitation, any downloadable files available on this Website or any linked site is free of a computer virus, malware or other destructive or harmful program, software, code or device which may erase, scramble, lock or disable any computer software, content any or equipment or prevent users from using a site or any other item of hardware or software.
15. Links from the Website, Third Party Sites and Information, including Guest Experts.
This Website may contain links to other websites and resources provided by third parties (“Third Party Material”) that are provided for your convenience only. Any such links do not imply PWR UNIVERSITY’s endorsement of, or association with any third party or Third Party Material. Third Party Material includes links contained in advertisements, including banner advertisements and sponsored links, videos and/or other materials of third parties. PWR UNIVERSITY has no control over the contents of those websites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. You understand and agree that PWR UNIVERSITY is not responsible for the accuracy, completeness, decency, legality of any Third Party Material. If you decide to access any of the third party websites linked to this Website, and/or use any third party or Third Party Material, you do so entirely at your own risk and subject to the terms and conditions of use for such third party websites.
16. Advertisements or Promotions.
From time to time, this Website may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their product or services on this Website. Any such correspondence or promotions, including the delivery of and the payment of goods and services by those third parties, and any other terms, conditions, warranties or representations associations therewith, are solely between you and the advertiser or promoter. PWR UNIVERSITY assumes no liability, obligation or responsibility for any part of any such correspondence, promotion, advertisement. You assume the risk for your communications and dealings with any such promoter or advertiser.
17. No Expectation of Confidentiality.
A. NO WARRANTIES – AS-IS, AS-AVAIALBLE, WITH ALL FAULTS BASIS
This Website, PWR UNIVERSITY courses, all website content and materials, all data information, software, user content, reference or third party sites, services and/or applications are provided on an “as is”, “with all faults”, and “as available” basis. To the fullest extent permissible pursuant to applicable law, pwr university, and its affiliates and licensors, disclaim any and all warranties and conditions, whether statutory, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. No advice or information, whether oral or written, obtained by you from PWR UNIVERSITY or through the website will create any warranty not expressly stated herein.
B. NO WARRANTIES AS TO CONTENT OR ACCESS
PWR UNIVERSITY, its officers, agents, instructors, suppliers, licensors, and affiliates, do not warrant that the website, data, user content, website functions, or any other information offered on or through the website will be free of viruses, error free, uninterrupted, or free other destructive code or harmful components and do not warrant that any of the foregoing will be corrected. PWR UNIVERSITY and any person associated with pwr university do not make any warranty and do not make any representation, in any way, with respect to the completeness, security, reliability, quality, accuracy or availability of the website.
This website could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the PWR UNIVERSITY courses, PWR UNIVERSITY membership, PWR UNIVERSITY content or materials, or PWR UNIVERSITY website including the prices and descriptions of the PWR UNIVERSITY courses, PWR UNIVERSITY membership, or any products or services available on PWR UNIVERSITY’S website, at any time without notice. PWR UNIVERSITY’s content or materials, and any information on this website may be out of date, and we make no commitment to update such content, materials or information.
C. HARM TO YOUR COMPUTER
You understand and agree that your use, access, download, or otherwise obtaining of content, website materials, software, or data through the website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
D. THIRD-PARTY CONTENT OR THIRD-PARTY SITES
Through your use of the website, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any products or offerings provided by any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees relating to such transactions, are agreed to solely between the seller of such merchandise and you. We make no warranties as to any third party website, third party content, or third party.
YOUR USE OF THIS WEBSITE, ITS COURSES, CONTENT AND ANY SERVICES OR INFORMATION OBTAINED THROUGH THIS WEBSITE IS AT YOUR OWN RISK.
THERE ARE SIMPLY NO WARRANTIES, REPRESENTATIONS OR GUARANTEES OF ANY KIND FOR THE PWR UNIVERSITY COURSES, PWR UNIVERSITY MEMBERSHIP, PWR UNIVERSITY CONTENT OR MATERIALS, PWR UNIVERSITY WEBSITE, OR ANY THIRD PARTY WEBSITE, THIRD PARTY CONTENT, THIRD PARTY AND/OR FOR YOUR USE AND ACCESS TO THIS WEBSITE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SUCH AS IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURSIDICTION. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
A. Limitation of Liability
Under no circumstances, including, but not limited to, negligence, breach of contract or any another legal theory, will PWR UNIVERSITY or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues or profits, loss of data, loss of goodwill, emotional distress, or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to the terms or your use of (or inability to use) the website or any reference or third party sites, or any other interactions with PWR UNIVERSITY, even if PWR UNIVERSITY or a PWR UNIVERSITY authorized representative has been advised of the possibility of such damages or such damages were or could have been foreseeable. Without limiting the foregoing, PWR UNIVERSITY will not be liable for any loss or damage caused by a distributed denial-of-service attack, website security breach, viruses or other technologically harmful material that may access your information, or infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or due to your downloading of any material posted on it, or due to your clicking on any third party website linked to this website.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, PWR UNIVERSITY’S liability will be limited to the fullest extent permitted by applicable law.
B. LIMITATION OF DAMAGES
In no event will PWR UNIVERSITY’S or its affiliates’, contractors’, employees’, agents’, or third-party partners’, licensors’, or suppliers’ total liability to you for all damages, losses, and causes of action arising out of or relating to the terms or your use of the website, including all courses, materials and content offered on or through the website, or your interaction with other website users (whether in contract, tort (including negligence), warranty, or otherwise), exceed the amount paid by you, if any, for accessing the website during the twelve months immediately preceding the date of the claim or one hundred dollars, whichever is greater.
Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. Please consult the laws in your jurisdiction.
C. BASIS OF THE BARGAIN
You acknowledge and agree that PWR UNIVERSITY has offered the website and entered into the terms in reliance upon the disclaimers and the limitations of liability set forth herein, that the disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and PWR UNIVERSITY, and that the disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and PWR UNIVERSITY. PWR UNIVERSITY would not be able to provide the website to you on an economically reasonable basis without these limitations.
21. Termination of Your Account, Access & Use.
A. Termination by PWR University:
Upon termination and regardless of the reason(s) motivating such termination, Your right to use PWR UNIVERSITY Courses, PWR UNIVERSITY Membership, PWR UNIVERSITY Content or Materials, or this Website, in any manner, will immediately cease. PWR UNIVERSITY shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections concerning PWR UNIVERSITY’s Intellectual Property, PWR UNIVERSITY’s Disclaimer of Warranties, PWR UNIVERSITY’s Limitation of Liability, and Your Indemnification, as well as, Your liability for any unpaid fees, shall survive any termination.
B. Termination by You:
Your only remedy with respect to any dissatisfaction with (i) the Website, (ii) any term of these Terms of Service, (iii) Guidelines, (iv) any policy or practice of PWR UNIVERSITY in operating the Website, or (v) any content or information transmitted through the Website, is to terminate the Terms and your account. You may terminate the Terms at any time by deleting your login account with the Website and discontinuing use of any and all parts of the Website. You understand and agree that once you access any PWR UNIVERSITY Course, or any portion thereof, you will not receive any refund upon termination. By accessing the PWR UNIVERSITY Course, you have already received the value for which you paid.
22. Geographic Restrictions.
Although this Website may be accessible worldwide, PWR UNIVERSITY makes no representation that materials on this Website are appropriate or available for use in locations outside the United States. Those who choose to access this Website from other locations do so on their own initiative and at their own risk. If you choose to access this Website from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.
23. PWR UNIVERSITY’s Remedies.
You acknowledge that PWR UNIVERSITY may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by You, PWR UNIVERSITY shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to decree for specific performance of the provisions of this Agreement. For purposes of this Section, You agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Hillsborough County, Florida or the United States District Court for the Middle District of Florida. You consent to the jurisdiction of such court(s) and waive any objection to venue in such court(s). You agree that service of nay court paper may be affected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
24. Governing Law & Arbitration.
You agree that: (1) this website shall be deemed solely based in the State of Florida; and (2) the Website does not give rise to personal jurisdiction over PWR UNIVERSITY, its officers, directors, agents, employees, licensors, assigns, and successors in interest, either specific or general, in jurisdictions other than the State of Florida.
AGREEMENT TO ARBITRATE
You and PWR UNIVERSITY shall select the arbitrator, and if you and PWR UNIVERSITY are unable to reach an agreement on the selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting the arbitration has deposited the amount required by the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternative allocation of fees and costs. Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and PWR UNIVERSITY and your and PWR UNIVERSITY’s respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall You be entitled to punitive damage, special, indirect or consequential damages and You hereby waive Your rights to any punitive, special, indirect or consequential damages, including but not limited to, damages for any loss of profit, revenue or business.
This Agreement to Arbitrate shall not preclude the Parties from seeking provisional remedies in aid of arbitration for a court of competent jurisdiction, and for such purposes, You hereby irrevocably submit to the personal jurisdiction of the State and Federal Courts sitting in Hillsborough County, Florida and waive all objections to such jurisdiction and venue. The Parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court applicant for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision; provided that the party filing the Agreement shall use all available efforts to file it under seal.
NO CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT NEITHER PWR UNIVERSITY NOR YOU WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH PWR UNIVERSITY. Further, neither PWR UNIVERSITY OR YOU agrees to class arbitration or any arbitration where a person brings a dispute as representative of other person(s).
LIMITED EXCEPTION TO ARBITRATION AGREEMENT: This Arbitration Agreement does not apply to PWR UNIVERSITY’s Intellectual Property or to PWR UNIVERSITY’S right to initiate an injunctive action regarding a breach of threatened breach of any provision of this Agreement by You. PWR UNIVERSITY reserves all rights and remedies, including court action, to fully protect its Intellectual Property Rights.
If any provision of this Resolution of Disputes & Agreement to Arbitrate provision is found to be illegal or unenforceable, it shall be deemed stricken and the remaining provisions shall be enforced to the greatest extent allowed by law. If any provision is found overbroad or unreasonable, it shall be given effect to the greatest extent possible by narrowing or enforcing in part that aspect of the provision found overbroad or unreasonable. Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between You and PWR UNIVERSITY, jurisdiction and venue of any suit shall be exclusively in the state and federal courts sitting in Hillsborough County, Florida.
PWR UNIVERSITY AND YOU AGREE THAT YOU ARE BOTH GIVING UP THE RIGHT TO GO TO COURT IN CONNECTION WITH DISPUTES (EXCEPT FOR THOSE LIMITED DISPUTES SET FORTH ABOVE), AND THAT YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY
25. Miscellaneous Provisions.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to PWR UNIVERSITY must be sent to the attention of customer service representative at CustomerService@PWRUniversity.com, if by email, or if by conventional mail to:
Loren Murfield, President
16426 Ivy Lake Dr
Odessa, Fl 33556
B. Force Majeure
In addition to any excuse provided by applicable law, PWR UNIVERSITY shall be excused from liability for non-delivery or delay in delivery of PWR UNIVERSITY Courses, PWR UNIVERSITY Membership, PWR UNIVERSITY Content or Materials, or any products or services, if any, made available through its Website arising from any event beyond its reasonable control, whether or not foreseeable by either party, including but not limited to: economic downturns, recessions or depressions, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
C. Savings Clause.
construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
D. No Waiver.
The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 9, 10, 11, 17, 18, 19, 20, 23, 24.
H. Modification or Amendments to this Agreement.
PWR UNIVERSITY reserves the right to update, amend and/or change this Agreement at any time in its sole discretion and without notice. Amendments will take effect immediately upon PWR UNIVERSITY’s posting the updated Agreement on this Website. You are encouraged to revising this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately at the top of this Agreement. Your continued access and use of this Website, including without limitation, PWR UNIVERSITY Membership, PWR UNIVERSITY Courses, PWR UNIVERSITY Content or Materials, following the posting of any such changes shall automatically be deemed Your acceptance of all changes.
I. Modifications or Amendments to Website.
J. Entire Agreement.
The Website is hosted in the United States, and the services provided hereunder are offered by PWR University, Inc. 16426 Ivy Lake Drive, Odessa, Florida 33556.
If you have questions, comments, concerns or feedback regarding this Agreement or PWR UNIVERSITY’s Website, including PWR UNIVERSITY Courses, the PWR UNIVERSITY Courses, and PWR UNIVERSITY Content or Materials, please contact PWR UNIVERSITY by any of the methods below:
Attention: Customer Service
16426 Ivy Lake Drive
Odessa, Florida 33556
By Telephone (813) 383-2526
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or simply click Contact Us here.
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