Site Usage Terms and Conditions
The following Site Usage Terms and Conditions ("Site Usage Terms") establish the terms of your use of The Power Chain, Inc.’s site (“www.thepowerchain.com”) and services (the "Site"). You acknowledge that this is a private site owned and operated by The Power Chain, Inc. If you do not agree to the terms and conditions of this Site, you are not authorized to use The Power Chain, Inc’s Site.
1. Introduction and Acceptance of this Agreement
These Terms and Conditions govern your access to and use of The Power Chain Inc.’s (“The Power Chain”) website and services. Please read these Terms and Conditions carefully. By accessing or using the Site, you agree to be bound by the Terms and Conditions of this Agreement (“Agreement”). By registering with the Site, you agree to comply with these Site Usage Terms and Conditions and, when buying or selling equipment through the Site.
2. Capacity to Contract
The Site is available only to adult individuals, either acting individually or on behalf of an entity in a professional manner. If acting on behalf of another individual or entity, you represent and warrant that such individual or entity has authorized you to act and enter into legally binding contracts on their behalf.
The Power Chain may disapprove any registration application to use the Site and may terminate applicants use of the Site for any reason at any time. You represent and warrant that (i) all information provided to The Power Chain is accurate and (ii) that you will update and maintain the information in order to keep it current and accurate at all times. You acknowledge and accept that The Power Chain may contact you using the contact information provided by you. You will be solely responsible for the protection of your log in ID and password to the Site. You agree to contact the Power Chain should you determine that your password has been used without authorization. While we have implemented reasonable technical and organizational measures to secure your personal information from unauthorized access, use, alteration and disclosure, we cannot guarantee that unauthorized parties will not be unable to utilize this information information. You acknowledge that you provide your personal information at your own risk.
4. Privacy Statement
The Power Chain has made a commitment to protect the confidentiality and privacy of your personally identifiable information. See privacy terms. In the event the site and accounts are hacked, the Power Chain shall be held harmless.
5. Limitation of Liability
TO THE FULL EXTENT PERMITTED BY LAW, THE POWER CHAIN AND ITS OFFICERS DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES AND SUCCESSORS IN INTEREST MAKE NO PROMISES, WARRANTIES, OR REPRESENTATIONS AS TO THE POWER CHAIN, INCLUDING ITS COMPLETENESS, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY. ANY RISK OF USING THE POWER CHAIN IS ASSUMED BY YOU. THE SITE AND SERVICES PROVIDED BY OR THROUGH THE POWER CHAIN ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, MERCHANTLABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND INFRINGEMENT AND ALL WARRANTIES ARISING FROM COURSE OF DEALING , USAGE OR TRADE PRACTICE. YOU DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR ACTS OMMISSIONS, OR CONDUCT BY YOU OR ANY PARTY IN CONNECTION WITH THE POWER CHAIN. IN NO EVENT, WILL THE POWER CHAIN BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER LOSSES, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE USE OF THE POWER CHAIN SITE OR SERVICES, OR OUT OF THE USE OF THE POWER CHAIN SITE. EVEN IF THE POWER CHAIN HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES EXCEPT TO THE EXTENT THE INJURY IS CAUSED BY THE DELIBERATE OR GROSSLY NEGLIGENT CONDUCT OF THE POWER CHAIN OR ANY OF ITS REPRESENTATIVES THE LIMITATON MAY NOT APPLY TO YOU. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
6. Intellectual Property Rights
The trademarks, trade names and all material on the Site, including but not limited, content, site design, and all intellectual property rights are the exclusive property of The Power Chain. The use of any such property without the prior written permission from The Power Chain is strictly prohibited. Nothing in these terms shall be construed as granting you a license under copyright, trademark, patent or other intellectual property right of the Power Chain, Inc. or any third-party except as expressly set forth herein.
All content, graphics, HTLM and other programs used to build the site and the Website are protected by US Copyright laws and international treatises and may not be copied without written permission from The Power Chain, Inc.
7. Advertising Content
The Site may present links to third-party websites, products, advertisers, or services that are not owned or controlled by The Power Chain. The Power Chain is not responsible for the availability of these third-party advertisements, or the images, messages, or other materials contained therein. Where Power Chain provides such third-party links, no representations or endorsements are made in connection with such sites as they do not control these Web sites. The Power Chain has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Neither the Power Chain nor any of its affiliates will be liable for any losses or damages of any sort incurred as a result of your participation with, use, or reliance on Third- Party Advertisements. If you access a third-party website from the Site, you do so at your own risk, and you understand that these Site Usage Terms and The Power Chain's Privacy Statement do not apply to your use of such sites. You expressly relieve The Power Chain from any and all liability arising from your use of any third-party website or services or third-party owned content. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that The Power Chain shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
8. User Responsibilities
You agree to comply with all applicable laws and regulations regarding your use of the Site. You agree not to engage in any of the following prohibited activities: (i) modifying, copying, distributing, transmitting, displaying, reproducing, publishing, licensing or disclosing any part of the Site in any medium or posting or transmitting any content that you do not have a right to reproduce, display or transmit under any law; (ii) attempting to interfere with, compromise the system of integrity or security or decipher any transmissions to or from the servers; (iii) uploading invalid data, viruses, worms, or other software agents through the Site; (iv) using the Site for any commercial solicitation purposes such as unsolicited advertising, promotional materials, spam, junk mail or any other form of solicitation or any non-equipment information; (v) misrepresenting your affiliation with a person or entity, or conducting fraud or impersonating another person or entity; (vi) transmitting content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, libelous, hateful, racially or ethnically objectionable; (vii) violating any applicable, local, state, federal law or international law; (viii) uploading any content that violates any intellectual property rights of another party; (ix) uploading any pornography in the form of images, videos or in any other format; (x) contacting a Seller or Buyer for any reason other than to inquire about the sale of the piece of equipment; (xi) Delete or modify any material posted by any other person or entity; (xii) posting any equipment that you are not lawfully able to sell or which has already been sold;
The Power Chain Site may only be used for lawful purposes by individuals looking to sell or purchase equipment and related items. You agree, represent and warranty that you will not use the Site for any other purpose or in any manner which violates the Terms and Conditions of this Agreement. If it is determined that you have violated the Terms and Conditions of this Agreement, your account may be shut down or be shared with law enforcement without any notice to you.
The Power Chain makes no representations in connection with the sale of any and all equipment on the Site. Neither the Power Chain nor any of its affiliates will be liable for any losses or damages of any sort incurred as a result of your participation with a Buyer or Seller on this Site. If you enter into an agreement for the purchase or sale of any equipment on this Site You do so at your own risk. You expressly relieve The Power Chain from any and all liability arising from any agreement you may enter for the purchase or sale of any equipment on this Site. Your dealings with or participation in the purchase or sale of any equipment as a result of an agreement entered into from this Site, including payment and delivery of equipment are solely between you and seller or purchaser of said equipment. You agree that The Power Chain shall not be responsible for any loss or damage of any sort relating to your dealings with such purchaser or seller of equipment from this Site.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. You also acknowledge that you are responsible for the protection of your identification and password for the Site.
From a security standpoint, users of the Site are prohibited from (i) accessing information to which is not intended for them; (ii) accessing an account which is not theirs or which they are not authorized to use; (ii) attempting to breach security; (iv) sending unsolicited materials through the Site; (v) attempting to interfere with the service of the Site.
If it is determined that you have violated the Security clause of this Agreement, your account may be shut down or and can be shared with law enforcement with any notice to you.
You agree that The Power Chain has the right, but not the obligation, to monitor at any time, for any reason at its sole discretion, all material and content on the Site and usage of the Site. The Power Chain, in its sole discretion, has the right to modify, reject or eliminate any information on the Site, it believes to be unacceptable or in violation of these Terms and Conditions.
The Power Chain has the right to terminate your ability to access the Site and services at any time without notice or penalty and may modify the services provided to you at any time without notice or penalty. Furthermore, the Power Chain may, at any time, delete, modify or supplement the content of this Site without prior notice. The Power Chain reserves the right, for any reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site.
The Power Chain may, modify, add or remove any portion of the Site Usage Terms from time to time, in its sole discretion with or without notice to you, by posting such changes on the Site. Once posted such changes shall come into full force and effect. In addition to other forms of acceptance, use of the Site constitutes acceptance of these Site Usage Terms, including continued use after such changes are posted. It is your responsibility to check periodically for changes to the Site Usage Terms.
12. Service Availability
The Power Chain makes reasonable commercial efforts to make its Services and Site available. However, The Power Chain is not responsible for any service interruptions regarding any aspects of an Advertisement.
When you make a paid posting, You authorize the Power Chain to charge your account. Fees are not refundable including posts which we remove, omit or otherwise moderate. We may refuse any posting.
Without limiting any other remedies, The Power Chain shall have the right to terminate your access to the Site and features to which you may have registered at any time, without notice, in The Power Chain's sole discretion for any reason, including, without limitation, if we determine that you have violated the Site or if your account is not current and is passed due.
15. Claims and Indemnity
For users contracting with The Power Chain, it is agreed that these Site Usage Terms and Conditions are governed by the laws of the State of Delaware and both parties hereby grant exclusive jurisdiction and venue for any action or dispute in the state or federal courts located in New Castle County, Delaware, U.S.A. You agree to indemnify and hold The Power Chain harmless from claims, losses, liability or expenses (including attorneys’ fees) that arise from a third party and relate to your use of The Power Chain Site.
Any notice to The Power Chain, Inc. must be in writing and must be sent via email to [email protected] and by registered mail or overnight courier to The Power Chain, Inc., Attn: General Counsel. Any notice to The Power Chain, Inc. must be in writing and must be sent via email to [email protected] and by registered mail or overnight courier to The Power Chain, Inc., Attn: General Counsel. Any notice to you shall be given by email to the email address provided to you during registration as a Registered User, or as subsequently updated by you, or via posting on the Site, any of which you agree shall be sufficient notice to you. Notice shall be deemed to have been given to you upon twenty-four (24) hours after it has been sent or at the time the information was posted on the Site. If you change your email address, you are responsible for updating your account profile.
If any provision of these Site Usage Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of these Site Usage Terms, and the remainder of these Site Usage Terms shall continue in full force and effect. The failure by The Power Chain to exercise or enforce any rights or provisions of these Site Usage Terms shall not constitute a waiver of such right or provision. All provisions in these Site Usage Terms regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Site Usage Terms. If a translation of these Site Usage Terms into any other language is required by law, the English version will prevail to the extent that there is any conflict or discrepancy in meaning between the English version and any translation thereof. If these Site Usage Terms are provided to you in a language other than English, The Power Chain does so solely for your convenience. These Site Usage Terms contain the entire agreement with respect to the use of the Site, and supersede all previous communications, representations, understandings and agreements, either oral or written, between us.
The Power Chain Inc
PO Box 1800
Wilmington ,DE 19899