Provided by POWER GUIDANCE
Updated November 3, 2022
Welcome to powerguidance.com!
POWER GUIDANCE ("we" or "us" or "our") provides the powerguidance.com, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"), and owns all right to the web site and the "Content" displayed, including but not limited to the all materials, the data, the information, the text, the graphics and images, the designs, video clips, the trademark, and URL. Our products and services are made available through this Site, subject to your compliance with these Website Terms of Use and Product Terms and Conditions ("Terms"). These Terms apply to both visitors to the Site and individuals who purchase products through the Site. Your use of the Site and purchase of our products or services are also governed by our Privacy Policy.
These Terms constitute an agreement between POWER GUIDANCE and you. By using the site, you agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
These terms are subject to change by POWER GUIDANCE without prior written notice at any time, in our sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1. Compliance with the Law
You agree to comply with all applicable local laws regarding your use of this website, including, and without limitation, laws regarding the import/export of technical data by virtue of your online transmission.
2. Privacy
The information we received from you is subject to our Privacy Policy. Please review our privacy policy before using our website. If you do not accept the terms and conditions of that policy, we request that you do not use this website.
3. Electronic Communication
When you communicate with us through our web site or other forms of electronic media, you are communicating with us electronically. You agree that all electronic communication that we provide to you is equivalent to communications in writing and will have the same effect as if they were in writing and signed by the party sending the communication.
4. User Registration
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
POWER GUIDANCE offers its customers mobile alerts regarding promotional messaging, newsletter content, and shopping cart reminders by SMS message and E-mail. By registering members, you are agreeing to these Terms and to the Privacy Policy and we reserve the right to stop offering the Service at any time with or without notice.
By registering members, you:
4.1 Authorize us to send text messages to the mobile phone number associated with your opt-in.
4.2 Acknowledge that you do not have to agree to receive messages as a condition of purchase.
4.3 Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt-in.
4.4 Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information.
4.5 Update push about orders, like:
- An order has been placed
- An order has been delivered
- An item or items has shipped
- An item or items has been canceled or delayed
5. Charges and Carriers:
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data, or other charges incurred (usage, subscription, etc.) as a result of using the Service.
Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers.
6. User Conduct
You understand and agree that you are responsible for all content that you disseminate or transmit through or by means of the website. You agree that you will not use powerguidance.com in any way to:
6.1 Post, disseminate, or transmit any Content that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, or invasive of another's privacy;
6.2 Post, disseminate, or transmit any Content that infringes or violates any party's copyright, trademark, patent, trade secret, or other proprietary rights;
6.3 Post, disseminate, or transmit any worms, viruses, or other harmful or destructive files, codes, or programs;
6.4 Post, disseminate, or transmit any unauthorized advertising, promotional materials, spam, or any type of unsolicited mass e-mail to people or entities that have not agreed to be a part of such mailings;
6.5 Impersonate or falsely misrepresent any person or entity to hide the origin of any Content transmitted through the POWER GUIDANCE;
6.6 Post, disseminate, or transmit any Content that you do not have the right to do so.
6.7 Act in any manner that might disrupt another user's ability to engage in real-time exchanges of communication;
6.8 Interfere with or disrupt in any way the website or servers or networks connected to POWER GUIDANCE;
6.9 Electronically stalk or harass another user;
6.10 Collect or store personal data about others;
6.11 Engage in any activities that would violate the personal privacy rights of others;
6.12 Use our website for any illegal purpose; or under international law.
6.13 Intentionally or unintentionally violate any applicable local, state, national, or international law.
7. Protection of Intellectual Property Rights
Without the authorization of a written signature by an employee of POWER GUIDANCE, you can’t copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the POWER GUIDANCE or any content available throughout the web site.
8. Pricing
We do not charge your credit card until your order is shipped. We will add sales tax for those orders delivered to specific states that require a sales tax charge. Each customer is solely responsible for all sales/use taxes applicable to orders shipped to all other locations.
9. Risk of Loss
All items purchased from POWER GUIDANCE are delivered to shipment carriers. The risk of loss and title for such items passes to you upon our delivery to the carrier. Of cause we will do our best to help you find a solution if it occurs, you can check it on the shipping＆order fulfillment page for more details.
10. Third-Party Links and Services
POWER GUIDANCE sites may contain links to third-party websites or services. If you use any Third Party Links and services, you will leave and/or no longer interact with the POWER GUIDANCE services. Third-Party Links and Services are not under our control of us and we are not responsible for the content of or any changes or updates to any Third Party Links and Services, including, without limitation, links displayed on such Third-Party Links and Services. POWER GUIDANCE is not responsible for any form of transmission received from any Third-Party Links and Services, nor does we warrant that the Third-Party Links and Services or any goods, services, or information on the Third-Party Links and Services are current, accurate, reliable, or error-free. We provide any such Third-Party Links and Services to you only as a convenience, and the inclusion of such Third-Party Links and Services does not imply that POWER GUIDANCE guarantees, approves, recommends, or endorses such Third-Party Links and Services, any information or content available on or through such Third-Party Links and Services, or any associated products or services. The Third-Party Links and Services are not meant to indicate any association with POWER GUIDANCE. You agree that your use of Third-Party Links and Services, including without limitation, your use of any content, information, data, advertising, services, products, or other materials on or available through such websites and resources, is at your own risk and is subject to the terms and conditions of use, privacy policies, and other policies or agreements applicable to such Third-Party Links and Services.
11. Contribution License
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media format and through any media channel.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your contributions, and you warrant that moral rights have not otherwise been asserted in your contributions.
We do not assert any ownership over your contributions. You retain full ownership of all of your contributions and any intellectual property rights or other proprietary rights associated with your contributions. We are not liable for any statements or representations in your contributions provided by you in any area on the site. You are solely responsible for your contributions to the site and you expressly agree to exonerate us from any and all responsibility. When posting a review, you must comply with the following criteria:
- You should have firsthand experience with the person/entity being reviewed;
- Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
- Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
- Your reviews should not contain references to illegal activity;
- You should not beaffiliated with competitors if posting negative reviews;
- You should not make any conclusions as to the legality of conduct;
- You may not post any false or misleading statements.
We have the right, in our sole and absolute discretion, (A) to edit, redact, or otherwise change any Contributions; (B) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (C) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
12. Trademark Notices
"POWER GUIDANCE" is registered trademark. Other company and service names used and displayed on or in connection with the POWER GUIDANCE services may be trademark or service marks owned by third parties, and collectively with the POWER GUIDANCE trademark. You agree to not announce any false statements like implication, estoppel, or otherwise, any license or right to use any of the trademark displayed on the POWER GUIDANCE without the prior written consent of the trademark owner for each such use. POWER GUIDANCE reserves all rights not expressly granted herein.
13. Suspension or Termination of the Website
You agree that POWER GUIDANCE., in its sole discretion, at any time, may suspend or terminate your use of the site, and may remove or delete any or all of your content within the site without prior notice to you. Further, you agree that POWER GUIDANCE. will not be liable to you or to any third party for the consequences of any suspension or termination of your use of or access to the site.
14. Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.
15. Intellectual Property Rights
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below. A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
16. Indemnification
You agree to indemnify, defend and hold harmless POWER GUIDANCE, its directors, officers, employees, agents, co-branders, and affiliates, from and against any and all liability, loss, claim, demand, dispute, damages, including without limitation, reasonable attorneys' fees made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
17. Contact Information
Questions about the Terms of Service should be sent to us at shopify@powerguidance.com