Last updated June 1, 2011
Please read the following terms and conditions carefully. PowerInviter.com, currently located on the Internet at http://www.PowerInviter.com (the "Site") is an online information and interactive service, owned by E-Comm Solutions, LLC ("Administration"). By using this Site or by registering as a member of the Site, you agree to each of the terms and conditions of this terms ("Agreement").
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the content. You agree not to add to, subtract from, or otherwise modify the content, or to attempt to access any content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
The contents of this Web site are the property of E-Comm Solutions, LLC and/or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may view and download the materials at this Site only for your personal use. You must retain all copyright, trademarks, and other proprietary notices contained in the original materials on any copy of the materials. You may not copy, reproduce, publish, publicly display, transfer, sell or offer for sale, distribute, or create derivative works from the materials or use them in any way for any public or commercial purpose. Any party receiving a copy of the material is bound by these use restrictions and may not copy or further distribute the material.
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law. Any unauthorized use of copyrighted materials may violate copyright, trademark, and other laws. You may not use materials from the Site in a manner that violates the Copyright Act (17 U.S.C.A. 21) and/or the fair use exception of that Act. You may not transfer, sell, assign, or otherwise transfer your rights or obligations under this Agreement.
You are eligible to become a member of the Service if you are over 13. If you register to become a member of this Site, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your password and account.
You agree to (a) immediately notify Administration of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Administration cannot and will not be liable for any loss or damage arising from your failure to comply with this terms.
We may terminate your membership and/or deny access to the Site if we learn that you have provided false or misleading registration information, interfered with our administration of our Web site, or violated this Agreement.
Administration reserves the right to modify, add or remove any parts of the Site and this Agreement with or without notice to you. Your use after such notice shall be conclusively deemed to be acceptance of those changes. You agree to review the Terms and conditions of this Agreement periodically to be aware of changes, If you do not agree to these terms and conditions of use, you may not access or otherwise use this Site.
Disclaimer of Warranties
E-COMM SOLUTIONS, LLC DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED IN THIS SITE. E-COMM SOLUTIONS, LLC DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THIS SITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITH NO WARRANTIES WHATSOEVER.
E-COMM SOLUTIONS, LLC DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE. E-COMM SOLUTIONS, LLC DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH ANY LINKS PROVIDED BY THIS SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THIS SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. YOU ACKNOWLEDGE THAT NEITHER THE SITE, NOR ANY OF THE INFORMATION PROVIDED ON THE SITE, CONSTITUTES, OR IS INTENDED TO CONSTITUTE, TAX, ACCOUNTING, LEGAL, MEDICAL, OR ANY OTHER PERSONAL ADVICE. ALTHOUGH THE SITE MAY PROVIDE ACCESS TO INFORMATION, RESEARCH, AND/OR GENERAL RECOMMENDATIONS ABOUT A VARIETY OF TOPICS, SUCH INFORMATION, RESEARCH, AND/OR GENERAL RECOMMENDATIONS SHOULD NOT BE CONSTRUED AS AN OPINION REGARDING THE SUITABILITY FOR YOU OR ANY OTHER PERSON. YOU AGREE TO MAKE YOUR OWN INDEPENDENT EVALUATION OF THE INFORMATION AS APPLIED TO YOU. NO INFORMATION OBTAINED FROM THIS SITE, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE.
E-COMM SOLUTIONS, LLC EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT E-COMM SOLUTIONS, LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS 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 E-COMM SOLUTIONS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Administration, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Site from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, any violation by you of this Agreement, or your violation of any law or the rights of a third party.