Terms and Conditions

Terms and Conditions

The following terms and conditions ("Terms and Conditions") govern your use of the Website. We may change the Terms and Conditions at any time without notice to you, but by posting such changes on the Website.

By using the Website, you accept and agree to these Terms and Conditions as they apply to your use of the Website. If you do not agree to these Terms and Conditions, you are not authorized to access or use the Website. This is a binding legal agreement.

User Information.

In the course of your use of the Website, you may be asked to provide us with certain personalized information (such information is hereinafter referred to as "User Information"). Our information collection and use policies regarding the privacy of such User Information are set forth in the Website's Privacy Policy, which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information and that we are entitled to rely on the accuracy and completeness of the User Information.

Unsolicited Materials.

Unless specifically requested, we do not solicit any confidential, secret or proprietary information or other material from you through the Website, by email or any other means, and do not wish to receive such materials. Any information, creative works, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us ("Submitted Materials") will be considered non-confidential or secret and may be used by us in any manner consistent with this Website Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you and that no other party has any right to use them, and that you have waived any "moral rights" in the Submitted Materials; and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such materials (in whole or in part) and/or to incorporate them in other works in any form, media or technology now known or later developed. We are not responsible for maintaining any Submitted Materials you provide to us or for returning them to you, and we may retain, delete or destroy any such Submitted Materials at any time in our sole discretion.

User Conduct.

You warrant and agree that, in using the Site, you shall not upload, post or transmit to the Site, distribute or otherwise publish through the Site any material that: (a) is protected by copyright or other proprietary or intellectual property rights of a third party; (b) is unlawful, threatening, hateful, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar, or contains explicit or graphic descriptions or depictions of sexual acts (including, without limitation, violent or threatening sexual language directed at other individuals or groups), (c) restricts or inhibits any other user from using and enjoying the Site, (d) constitutes or encourages conduct that would constitute a criminal offense or give rise to civil liability, or (e) contains a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.

You further warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, copy, distribute or in any way exploit for commercial purposes any information or other material obtained through the Website (except as expressly permitted by the provider of such information or other material); (c) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping," or any other activity designed to obtain lists of users or other information, or to send chain letters or pyramid schemes through the Website; (d) attempt to gain unauthorized access to other computer systems through the Website; (e) "stalk" or otherwise harass any person using or accessing the Website; (f) contact any person using or accessing the Website for any commercial purpose; or (g) contact any person using or accessing the Website for any inappropriate, unlawful or solicitational purpose. You agree that you will 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 the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

You agree that if you link any other website to the Site, the link will open in a new browser window. You agree not to link any other website to the Site in any manner that would cause the Site or any page on the Site to be "framed," surrounded, or obfuscated by any third-party content, materials, or branding. We reserve the right to revoke your right to link to the Site from your website at any time upon written notice to you.

User Risk.

You assume all risks in your use of the Site, including, without limitation, all risks associated with any online or offline interactions with others, including communicating, dating, bartering, buying, selling, and correspondence. You agree to take all necessary precautions in connection with such activities.

Accounts and Passwords.

You may create an account on the Site using a user name and/or password. If so, you are responsible for maintaining the confidentiality of your account password and you shall be responsible for any access to or use of the Site by you or any person or entity using the password provided to you, whether or not such access or use is authorized by you or on your behalf and whether or not such person or entity is your employee or agent.

Access to Content.

By agreeing to these Terms and Conditions, the Privacy Policy, and any other agreements and/or licenses required by us, you are authorized to access the Site in accordance with any and all access guidelines, codes of conduct or other obligations established by us. Your access is expressly limited, personal, non-transferable and non-exclusive and is subject to these Terms and Conditions and the Privacy Policy.

We expressly reserve the right to terminate and deny access to the Site or any portion thereof if you misuse and/or abuse your access to the Site or if you breach or affect these Terms and Conditions, the Privacy Policy or any other agreement or license with us.

Activation and Subscription Fees.

We reserve the right, at our sole discretion, to charge activation and/or subscription fees for the various services we offer (“Fees”). Fees are not refundable or offset once incurred.

Software Downloads.

If you receive software demos or other software products downloaded from and/or accessed through the Site, or otherwise delivered or made available at your request, your use of such software is subject to the software license agreement accompanying such software in addition to these Terms and Conditions.

Media Downloads and Streaming.

If you are permitted to download (including podcasts) and/or stream, including but not limited to video, audio and/or other media, you understand and agree that your use is limited to personal, non-transferable access and is subject to any restrictions on the content of such media.

Product Orders.

We may make certain products available to Site visitors and registrants, including specials, offers, discounts, etc. You may only access or purchase any such products by: certifying that you reside in the United States and are 18 years of age or older. You agree to pay in full the price of any item you purchase by placing an order online via PayPal and/or credit/debit card or other payment method accepted by POW. You agree to pay all applicable taxes. If we do not receive payment, you agree to pay all amounts due upon demand by us, including any costs of collection, including attorneys' fees.

Third Party Websites.

You may be permitted to link to third party websites ("Linked Websites") from the Site. For example, you may be able to purchase products on or through the Linked Websites. You acknowledge and agree that we are not responsible for the information, content, products, services, advertising, code or other materials that may or may not be provided by the Linked Websites. Links to Linked Sites do not constitute our endorsement of such sites or the information, content, products, services, advertising, code or other materials on or available through such sites.

Disclaimer. This website, including but not limited to all services, content, functions and materials, is provided on an "as is" and