TERMS AND CONDITIONS OF USE
Additionally, when you engage in any current or future POWER BALANCE services or business, you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such services or business. If these conditions are inconsistent with such Terms, those Terms will control.
Portions of the Website may now or from time to time in the future be governed by posted guidelines, rules, or other terms and conditions.
Please review our Privacy Notice, which also governs your visit to PowerBalance.com, to understand our practices.
When you visit PowerBalance.com or send e-mails to us, you are communicating with us electronically. Pursuant to the terms and conditions of use you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of POWER BALANCE or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of POWER BALANCE and protected by United States and international copyright laws. All software used on this site is the property of POWER BALANCE or its software suppliers and protected by United States and international copyright laws.
POWERBALANCE, POWERBALANCE.com, and other POWERBALANCE.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of POWERBALANCE in the United States and or other countries. POWER BALANCE's trademarks and trade dress may not be used in connection with any product or service that is not POWER BALANCE's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits POWER BALANCE. All other trademarks not owned by POWER BALANCE that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by POWER BALANCE.
LICENSE AND SITE ACCESS
POWER BALANCE hereby grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of POWER BALANCE. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of POWER BALANCE. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of POWER BALANCE without express written consent. You may not use any meta tags or any other "hidden text" utilizing POWER BALANCE's name or trademarks without the express written consent of POWER BALANCE. Any unauthorized use terminates the permission or license granted by POWER BALANCE.
POWER BALANCE does hereby grant you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of POWERBALANCE.com so long as the link does not portray POWER BALANCE, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any POWER BALANCE logo or other proprietary graphic or trademark as part of the link without express prior written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password as well as protecting against the access to your computer by unwanted visitors. Further, you agree to accept responsibility for all activities that occur under your account or password. POWER BALANCE does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use POWERBALANCE.com but you may not purchase any merchandise without the involvement of a parent or guardian. POWER BALANCE reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
You may not and will not use the Website for any purpose that violates
(i) Federal, state or local laws or regulations, including, but not limited to laws concerning the transmission of technical data exported from the United States or the country you reside in (ii) community standards, (iii) International treaties or (iv) any of these terms, conditions, or notices. You may not use the Website in any manner that violates or infringes upon the rights of others. You may not use the Website to solicit the performance of any activity that is prohibited by law or to solicit any POWER BALANCE customer to become a customer of any other provider of services. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of it. You may not attempt to gain unauthorized access to any account, computer systems or networks associated with POWER BALANCE. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for by POWER BALANCE or through the Website.
You agree to use the Website only to purchase such products made available by POWER BALANCE, add posts, testimonials and comments to Bulletin Boards Forums, and read such Submissions (“Submissions”). You may copy, add and use excerpts from the Submissions of other customers members found in this Website or forward them via email to a friend or acquaintance provided that the copying and or emailing of such excerpts is solely for your personal, noncommercial use and is performed pursuant to functionality that has been built into the Website by POWER BALANCE specifically for these purposes. You may not otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services that are part of the Website except as expressly provided in the Terms and Conditions of Use. By way of example, and not as a limitation, you agree that when using the Website, you may not and will not:
Use the Website in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, advertising or any duplicative or unsolicited messages (commercial or otherwise) or otherwise use the Website for any commercial purpose, including but not limited to offers to sell or buy any goods or services for any purpose.
Upload, post, email, transmit or otherwise make available ("Provide") any Submissions that are unlawful, libelous, defamatory, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable as described above.
Publish, transfer, distribute or disseminate any information which may be obscene, pornographic, indecent, lewd, or contain child pornography or which may include an inappropriate or unlawful topic, name, material or information.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of any other person.
Transfer, or otherwise make available, files that contain images, photographs, videos, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
Use any material or information, including Submissions, images, videos or photographs which are made available through the Website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Provide any content that encourages a criminal offense or violates the rights of any party.
Transfer files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Interfere with, interrupt, destroy or limit the functionality of the Website or any computer software, hardware or telecommunications equipment.
Download any file transferred by another user of the Website that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is transferred.
Restrict, inhibit or in any way sabotage any other person’s ability to use and enjoy the Website.
Create a false identity for the purpose of misleading others, or impersonate anyone else or misrepresent your affiliation with a person or entity; Harvest or otherwise collect information about others, including email addresses.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of members of POWER BALANCE or other POWER BALANCE user, Partner, or usage information or any portion thereof.
Provide any correspondence from POWER BALANCE or another party without such party's permission.
Use other members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by a friend or acquaintance.
Try to gain unauthorized access to the Website, other members' accounts, or computers connected to the Website, or in any way attempt to ‘hack’ the Website.
Post telephone numbers, street addresses, last names, URLs or email addresses in Submissions that are publicly accessible on the Website.
POWER BALANCE reserves the right to terminate your access to the Website at any time, without notice, for any reason whatsoever, if we, in our sole and exclusive judgment and discretion, feel or believe that you have violated any of the guidelines, restrictions or provisions of this Website. Our primary motivation is for the protection of our entire community, and you hereby acknowledge and agree to the fact that it is our intent to err on the side of providing that protection to our community over protecting the access and privileges of individual members. Further, if we become aware of your violations, we will terminate your account, and, if applicable, we will assist the appropriate authorities to prosecute you to the fullest extent of the law.
POWER BALANCE reserves the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to transfer or to remove any information or materials, in whole or in part, in the sole and exclusive discretion of the management of POWER BALANCE. Again, you are responsible for all activities that occur in your account. You agree to notify POWER BALANCE immediately of any unauthorized use of your account. POWER BALANCE is not responsible for any loss that you may incur as a result of any unauthorized person using your account.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT Visitors are welcomed to post reviews, testimonials, comments, photos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, terrorizing, defamatory, invasive of privacy, infringing of any intellectual property rights, or otherwise injurious to third parties and or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a customer or any other content.
POWER BALANCE reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant POWER BALANCE a nonexclusive, royalty-free, perpetual, irrevocable, and complete sublicense right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant POWER BALANCE as well as its sublicensees the right to use the name that you submit in connection with such content, if they so choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate any of the policies set forth herein and will not cause injury to any person or entity; and that you will indemnify, hold harmless and defend upon tender POWER BALANCE for all claims resulting from content you supply. POWER BALANCE has the right but not the obligation to monitor and edit or remove any activity or content at its sole discretion. POWER BALANCE takes no responsibility and assumes no liability for any content posted by you or any third party.
POWER BALANCE respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email email@example.com.
RISK OF LOSS
All items purchased from POWER BALANCE are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
POWER BALANCE attempts to be as accurate as possible with regard to the description of its products. However, POWER BALANCE does not warrant that all product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by POWER BALANCE itself is not as described, your sole remedy is to return it in an unused condition.
With respect to items sold by POWER BALANCE, POWER BALANCE will not confirm the price of an item until you order; however, we do NOT, and will NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts to maintain accurate pricing at all times on our site, a small number of the items on our site may be improperly priced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (including SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY POWER BALANCE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. POWER BALANCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (including SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, POWER BALANCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, including, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. POWER BALANCE DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (including SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM POWER BALANCE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. POWER BALANCE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (including SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, including, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting POWERBALANCE.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and POWER BALANCE.
Any dispute relating in any way to your visit to POWERBALANCE.com or to products or services sold or distributed by POWER BALANCE or through POWERBALANCE.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Orange County, California, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to POWERBALANCE.com. We reserve the right to make changes to our site, policies, and these Terms and Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
POWER BALANCE TECHNOLOGIES INC
20512 Crescent Bay, Suite 108
Lake Forest, California 92630
Tel: (949) 272-7300
Notice and Procedure for Making Claims of Copyright Infringement If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PowerBalance.com's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying POWER BALANCE that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable; Your address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
PowerBalance.com's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
POWER BALANCE TECHNOLOGIES INC. Legal Department
20512 Crescent Bay, Suite 108
Lake Forest, California 92630
Tel: (949) 272-7300
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