Liability Disclaimer and User Agreement for PowerGPS Website & APP
This Web site is offered to you, the user (“User”), conditioned on acceptance of the terms, conditions, and notices contained herein, without modification. User access and use of this site constitutes acceptance of these terms and conditions.
User agrees not to use this service to conduct or attempt to conduct any business or activity or solicit the performance of any activity that is prohibited by law. In addition, taking action which results in blocking access to this Website by other users will be deemed an unauthorized use.
Anyone using this system expressly consents to administrative monitoring at all times.
Disclaimer of Liability And Reliability
In preparation of these sites, every effort has been made to offer the most current, correct, and clearly functionality possible. Nevertheless, inadvertent errors in information may occur. In particular but without limiting anything here, Power GPS disclaims any responsibility for errors and accuracy of the information that may be contained on pages or data on the site.
The website functionality is provided “as is” without warranties of any kind. Power GPS make no representations or warranties regarding the condition or functionality of this web site, its suitability for use, or that this web service will be uninterrupted or error-free.
If misleading, inaccurate or otherwise inappropriate information is brought to our attention, a reasonable effort will be made to fix or remove it.
Links To Third Parties’ Web Sites
There are links and pointers to third party Internet websites on Power GPS. These sites linked from the website are not under Power GPS control. Power GPS does not assume any liability for any information, communications or materials available at such linked sites, or at any link contained in a linked site. Power GPS does not intend these third party links to be referrals or endorsements of the linked entities, and are provided for convenience only. Each individual site has its own set of policies about what information is appropriate for public access. User assumes sole responsibility for use of third party links and pointers.
Disclaimer of Damages
By using Power GPS Web pages, the User assumes all risks associated with the use of this site, including any risk to User’s computer, software or data being damaged by any virus, software, or any other file which might be transmitted or activated via a Power GPS Web page or User’s access to it. Power GPS shall not in any event be liable for any direct, indirect, punitive, special, incidental, or consequential damages, including, without limitation, lost revenues, or lost profits, arising out of or in any way connected with the use or misuse of the information or lack of information on the Power GPS Web site or with the delay or inability to use this web site, or from any information, documents, services, software, or other material obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability or otherwise, even if Power GPS and/or any of its employees/affiliates has been advised of the possibility of damages. Power GPS shall not be liable for any loss or injury caused in whole, or in part, by its actions, omissions, or contingencies beyond its control, including in procuring, compiling, or delivering the information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any user’s decision, or action taken or not taken in reliance upon information furnished.
Disclaimer of Association with User
User acknowledges that no joint venture, partnership, employment or agency relationship exists between the User and Power GPS as a result of this Agreement or use of this Web site. User agrees not to hold himself or herself out as a representative, agent, or employee of Power GPS and Power GPS shall not be liable for any representation, act or omission of the User.
Disclaimer of Endorsement
Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by Power GPS. The views and opinions of authors expressed herein do not necessarily state or reflect those of Power GPS, and shall not be used for advertising or product endorsement purposes.
Use Of Bulletin Board, Or Any Other Communication Or Interactive Forums
To the extent that this Web site contains or may in the future contain bulletin boards, discussion webs, chat rooms, or other message, interactive or communication facilities involving Power GPS and other users (“Forums”), the User agrees to use such forums only to send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, the User agrees that when using a Forum, the User shall not violate the law by:
Defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy and publicity) of others.
Publishing, posting, distributing, or disseminating any defamatory, infringing, obscene, indecent or unlawful material or information.
Uploading or downloading files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless the User owns or controls the rights thereto or has received all necessary consents.
Deleting any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
Falsifying the origin or source of any material contained in a file that is uploaded.
Knowingly introducing viruses, corrupted files or any other similar software or programs that may damage, alter or destroy this Website or the operation of another’s computer system, network, software, program, documentation or data contained therein.
Knowingly accessing or attempting to access or use Power GPS’s computer system, computer network, or any part thereof, including this Website, for the purpose of devising or executing any scheme or artifice to defraud; obtaining money property or services by means of false or fraudulent pretenses, representations or promises; or committing theft, including but not limited to theft of proprietary information.
Power GPS reserves the right to remove any contents of this Website received from users for violations of Power GPS forum use policies and other applicable regulations and law, including violations of others’ constitutional rights. Power GPS reserves the right to edit any notices or postings for length if and when such length interferes with other users’ access to and use of this forum.
The User acknowledges that chats, conferences, bulletin boards, discussion webs and any other such interactive or communications’ forums hosted by this Web site are public and not private communications. Further, the User acknowledges that chats, posting conferences, discussion webs and other communications by other Users are not endorsed by Power GPS, and such communications shall not be considered reviewed, screened, or approved by Power GPS.
As a condition of use of Power GPS’s Web site, the User agrees to indemnify Power GPS, Daxeon Corp., The Rupert Group, Inc., its collective commissioners, officers, employees and agents against any and all liability, expenses (including attorney’s fees) and damages arising out of claims resulting from User’s use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by User of these terms and conditions.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitation set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Closing of Agreement
This Agreement constitutes the entire agreement between the User and Power GPS with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Power GPS with respect to this Web site. This Agreement shall be deemed to include all other notices, policies, disclaimers and other terms contained in this Web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
Any rights not expressly granted herein are reserved.