WEBSITE TERMS AND CONDITIONS

INTRODUCTION

This page containing the Terms and Conditions Agreement (the “T&C”) is an electronic legal agreement that including our Privacy Policy and other Policies, governs our relationship with users and others that interact with powerfulhuman.com, owned and operated by Poweful Human LLC, and its subsidiaries and affiliates (“Powerfulhuman.com”, “Powerful Human”,” “we,” or “us”) in connection with the use of websites owned and operated by Powerful Human LLC (including www.powerfulhuman.com) (the “Sites”) and our Services (as defined below).

Please be advised that by using the Site(s) and/or our Services, you indicate that you accept these terms of use and our privacy policy and that you agree to abide by them. If you do not agree to these terms of use and our privacy policy, or you are under 13 years of age, you must leave this Site immediately and do not use the Site.

USER AGREEMENT AND CONSENT

Powerful Human LLC owns and operates Powerfulhuman.com and currently makes services available through our Sites, applications, which include mobile applications and applications available on social networking sites and other platforms, and our downloadable products (the Sites, the applications, the downloadable products and all services provided by Powerfulhuman.com in connection therewith shall be referred to collectively as, the “Services”). Powerfulhuman.com may offer additional services, free trials, promotions, contents, or products or modify or revise any of the Services at our discretion, and this Agreement will apply to all additional services or products and all modified or revised Services unless otherwise indicated. You agree that Powerfulhuman.com shall not be bound to notify you or any other party prior or liable to you or any third party for any modification, revision, suspension or discontinuance of any of the Services. Powerfulhuman.com reserves the right to discontinue offering any of the Services with or without notification.

  • Miscellaneous Terms. Your use of certain Services may be subject to any Miscellaneous Terms and Conditions pertaining to those Services, and such terms and conditions will be either listed in this Agreement, or will be presented or accessible to you by Powerfulhuman.com when you sign up to use, or use, such Services (“Miscellaneous Terms”). All such Miscellaneous Terms are incorporated by reference into this Agreement unless otherwise indicated. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with Powerfulhuman.com for products, services or otherwise.
  • All visitors who merely browse our Sites, whether registered or not, subscribed or not, are termed as “Users” of the Services for the purpose of this Agreement.

UPDATES TO TERMS AND CONDITIONS

You understand that Powerfulhuman.com shall reserve all rights to modify this Agreement and any policy or guideline of the Services in its sole discretion at any time, from time to time, with or without prior notice to you or any third party. Unless specified otherwise, any changes or amendments to this agreement or any agreement or policy or guideline shall be effective immediately upon posting the revisions to the Site, and you hereby waive any right you may have to receive specific notice of such changes or modifications. By continued browsing of the Site or use of the Services provided herein after such changes or modifications, you constitute your acceptance of such changes or modifications. Please frequently check this Agreement for any changes and review this Agreement and all applicable terms and policies to understand the terms that apply to your use of the Services. If you do not agree to the amended terms, you must stop accessing the Site and using the Services.

ELECTRONIC RECORDS

  • Your Consent. All the Services provided through this Site are provided electronically and you understand that you must consent to receive all and every important information electronically if you wish to use the Services. Your consent shall also include, but not limited to, this Agreement, notices, disclosures, information, policies and other materials in electronic form (collectively “Electronic Records”), rather than in paper form or any other form. Your consent to receive Electronic Records applies to all notices, disclosures, documents, records or other materials of any kind that Powerfulhuman.com may be required to provide to you.
  • Withdrawing your Consent. You may at any time choose to withdraw your consent to receive Electronic Records by contacting us in writing at the address provided herein. However, the Services provided by Powerfulhuman.com are only available if you agree to receive Electronic Records, and you agree that withdrawing such consent will result in termination of services being rendered to you or if you have an account with us, your account will be deactivated. Powerfulhuman.com shall not entertain any requests from you to issue any Electronic Records in a paper or physical form even if you undertake to bear the necessary costs for such arrangement.
  • Electronic Records – Access, Save and Store. Electronic Records will be provided on our Sites and Services or sent to the email address associated with your account. You may wish to print out all Electronic Records and keep them for your records. If you have any trouble printing out, downloading, and/or accessing any Electronic Records, you may contact us in writing at the address provided in this document. In order for you to access and retain Electronic Records sent by Powerfulhuman.com, you are responsible to arrange for the necessary hardware and software and a stable internet connection to access these documents, which may include but not limited to a computer, pdf reader, html reader, etc. and for printing the Electronic Records, you will also need a printer.

USER REPRESENTATION AND WARRANTY

You hereby represent and warrant that:

  • You are at least 13 years old and 18 years old to be eligible for certain services offered on this Site.
  • You have not previously been suspended or removed from the Services provided by us.
  • You have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
  • You are not a competitor of Powerfulhuman.com and are not using the Services for reasons that are in competition with Powerfulhuman.com or other than for its intended purpose; and if found so, you agree to pay Powerfulhuman.com damages to the extent of $100,000.
  • You are not located in, under the control of, or a national or resident of any country which the United States has embargoed, identified as a Specially Designated National or placed on the Commerce Department’s Table of Deny Orders.

OUR SERVICES

You agree that you will not appoint or allow anyone on your behalf to, use the Services, unless other authorised by us, including the posting of any content through the Services, in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States Export Control Laws. Use of the Services is void where prohibited.

  1. Exclusivity and Noncommercial Use. You will only use the Services for your sole, personal use and not in connection with any commercial endeavors, unless otherwise authorised by us. You will not authorize others to use the Services or otherwise attempt to transfer your right to use the Services to any other person or entity.
  2. Users Interactions. You assume all risk when using the Services, including but not limited to all risks associated with any online or offline interactions with others. There is no substitute for acting with caution when communicating with any stranger who wants to meet you.
  3. No Commercial Solicitation or Advertising. You will not engage in any advertising or solicitation to buy or sell any products or services through the use of the Services and you will not transmit any chain letters, junk or spam email to other users. Additionally, you will not use any information obtained from the Services in order to contact, advertise to, solicit or sell to any user without their prior explicit consent.
  4. Code of Conduct.com is not responsible or liable in any manner for the conduct of its users, whether or not such conduct is in connection with the use of the Site or the Services. You understand and acknowledge that you use the Services provided herein at your own risk.

YOU AGREE AND UNDERTAKE NOT TO DO ANY OF THE FOLLOWING IN CONNECTION WITH THE SERVICES OR THE USERS THEREOF:

  1. use the Services in any manner that could disrupt, damage, disable, overburden, impair or affect the performance of the Services or interfere with or attempt to interfere with any other user’s use of the Services;
  2. use the Service in any unlawful manner or in a manner that is harmful to or violates the rights of others;
  • disseminate another person’s personal information without his or her permission, or collect or solicit another person’s personal information for commercial or unlawful purposes;
  1. impersonate any person or entity, or misrepresent your age, identity, affiliation, connection or association with, any person or entity;
  2. make any commercial use of the Services or promote or solicit involvement in or support of a political platform, religion, cult, or sect;
  3. use any scripts, bots or other automated technology to scrape or access the Services;
  • collect or solicit personal information about anyone under 18;
  • use the Service for any phishing, trolling or similar activities;
  1. use the Service to redirect users to other sites or encourage users to visit other sites;
  2. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means or use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or communications or other spamming activities; or
  3. attempt to access any Services or area of the Sites that you are not authorized to access.
  • defraud, swindle or deceive other users of the Services;
  1. How to Report Violations. If you wish to report any violation of this Agreement by others, including Members, you may do so by writing to us info@powerfulhuman.com. All reported violations will be investigated by our moderation team in conjunction with our legal team and appropriate actions will be taken when found genuine. Notwithstanding anything contained hereinabove, Powerfulhuman.com is not under any obligation to disclose its actions and its decision is final and binding.
  2. Providing Necessary Documentation. Although Powerfulhuman.com normally does not collect any paperwork or documentation for its records from Users, under certain circumstances such as for disbursement of Gifts or for such other purposes may ask for documents supporting your identify, proof of residence, domicile, age, health condition, etc., as the case may be.

USER CONTENTS

  1. com does not control, take responsibility for or assume liability for any User Content posted by you or any third party, or for any loss or damage thereto, nor is Powerfulhuman.com liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you encounter.

Important Notice: You are solely responsible for your use of the services and use them at your own risk; please use utmost caution.

  1. License of User Content.com claims no ownership or control over User Content, except as otherwise specifically provided herein, on the Services or in a separate agreement. By submitting or posting User Content, you automatically grant, and you represent and warrant that you have the right to grant, to Powerfulhuman.com, its affiliates, licensees and successors an irrevocable, perpetual, non-exclusive, fully paid, worldwide right and license to use, copy, publicly perform, publicly display, reproduce, adapt, modify and distribute such User Content furnished by you and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing in any medium. You further represent and warrant that the User Content and the public posting and use of your User Content by Powerfulhuman.com will not infringe or violate the rights of or cause any harm to any third party or violate the terms of this Agreement. By posting User Content, you hereby release Powerfulhuman.com and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any additional compensation for any use of your User Content.
  2. Third Party Proprietary Information. You will not post, copy, transfer, create any derivative works from, distribute, reproduce or show in any manner any copyrighted or trademarked or proprietary information or materials, including any User Content posted by other users, without the prior consent of the owner of such proprietary rights. You acknowledge that information or materials available through the Services may have copyright protection whether or not it is identified as being copyrighted.
  3. Third-Party Networking Sites. When you use the Services through a social networking site (a “Social Networking Site”), such as Facebook, Twitter, where the Services are also referred to as an “application”, you permit Powerfulhuman.com to access certain information from your profile for that site. The information you permit Powerfulhuman.com to access varies by Social Networking Site and is affected by the privacy settings you establish at such site. By using our Services through a Social Networking Site, you are authorizing Powerfulhuman.com to collect, store, retain and use indefinitely, in accordance with our Privacy Policy, any and all information that you agreed the Social Networking Site could provide to Powerfulhuman.com through the Social Networking Site application programming interface. Your agreement takes place when you “accept” or “allow” (or other similar terms) our application on a Social Networking Site. Additionally, you agree that any such information that Powerfulhuman.com currently has may be stored, retained and used indefinitely, in accordance with our Privacy Policy.

OUR DATA STORAGE AND PRIVACY POLICY

Please refer to our Privacy Policy for information about how Powerfulhuman.com collects, uses and discloses personally identifiable information from its users. You understand and agree that if you post any content, information or material of a personal or private nature on any public areas of Powerfulhuman.com or post or provide to Powerfulhuman.com any information or content which is intended to be shared with other users, such content, information and materials will be shared with others accordingly, and you hereby consent to such sharing. You hereby consent to the processing of any personal data in the United States of America or any other country in which we process your data.

INTELLECTUAL PROPERTY OF POWERFULHUMAN.COM

  • COPYRIGHT
  • Copyrighted Material. Our Services may contain copyrighted material and other proprietary information of Powerful Human LLC and its licensors or users including without limitation, the Powerfulhuman.com logo and all designs, text, graphics, pictures, video, information, data, software, sound files, other files and the selection and arrangement thereof (collective, “Proprietary Materials”).
  • Limited Access. You are hereby granted a limited, non-sub-licensable license to access and use the Services and Proprietary Materials, subject to the terms and conditions of this Agreement.
  • Restrictions and Limitations. You hereby provide your consent that you will not:
  • copy, modify, publish, adapt, sublicense, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Proprietary Materials or the Services or cause others to do so;
  • “frame” or “mirror” any part of the Services, without our prior written authorization;
  • use meta tags or code or other devices containing any reference to Powerfulhuman.com or the Services in order to direct any person to any other website for any purpose;
  • resell or make any commercial use of the Services;
  • use any data mining, robots, or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Services;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services;
  • use any automated methods or processes to create user accounts or
  • use the Proprietary Materials or the Services other than for their intended purpose. Any use of the Services or Proprietary Materials other than as specifically authorized herein, without the prior written consent of Powerfulhuman.com, is strictly prohibited and will violate and terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license is revocable at any time.
  1. Recurring Infringements.com reserves the right to terminate, in appropriate circumstances and in its sole discretion, users who are deemed to be repeat infringers. Powerfulhuman.com may also, in its sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
  2. Reporting Copyright Infringement. Please refer to our DMCA and Copyright Policy to report infringements.
  3. TRADEMARKS
    1. “POWERFULHUMAN,” its logos and any other trade name or slogan contained in the Services are trademarks or service marks of Powerful Human LLC, its partners or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Powerfulhuman.com or the applicable trademark holder. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Powerfulhuman.com and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

 

OUR POLICY ON HYPERLINKS

  • Limitations and
  • Restrictions. You are granted a limited, non-exclusive right to create a text hyperlink to the Powerfulhuman.com websites for noncommercial purposes, provided such link does not portray Powerfulhuman.com or its Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use Powerfulhuman.com’s logo or proprietary graphics to link to any Powerfulhuman.com website without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Powerfulhuman.com trademark, logo or other proprietary information, including the images found in the Services, the content of any text or the layout/design of any page or form contained in the Services without Powerfulhuman.com’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Powerfulhuman.com or any third party.
  • No Claim or Representation. Powerfulhuman.com makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services. Such sites are not under the control of Powerfulhuman.com and Powerfulhuman.com is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Powerfulhuman.com provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Powerfulhuman.com of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.

 THIRD PARTY CONTENTS AND ADVERTISEMENTS

  1. Contents of Third Parties.com may provide third party content on the Services and may provide links to web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. Powerfulhuman.com does not control, endorse or adopt any Third Party Content and makes no representations or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Powerfulhuman.com is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
  2. Advertisers and Others. The Services may contain advertisements and promotions from third parties or may otherwise provide information about or links to third party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Powerfulhuman.com is not responsible for, and does not endorse, any features, content, advertising, products, services or other materials on or available from third party sites. You agree that Powerfulhuman.com shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of such dealings or as a result of the presence of such third party advertisers or third party information on the Services.

ONLINE SALES AND OTHER PAYMENTS

  1. Donation and Sponsorships.com may make available on its Site tools to collect money contributions or donations for a cause or to support any event and offer sponsorships for events organised by Powerful Human LLC or its associates or partners. Although they may be governed by specific terms and conditions, You understand that by donating or sponsoring, you are doing so in your own volition and discretion voluntarily and are bound by the terms, conditions and disclaimers specifically made available for such purposes and agree that you are NOT entitled to any rendition of accounts or partial or whole refund of any payments made towards sales, contributions, donations or sponsorships, unless specified otherwise.
  2. If you purchase any goods or merchandise or book any services that we offer for a fee on our website or through any third party website, you authorize Powerfulhuman.com and or the third party website as the case may be and the designated payment processing vendors to store information required to process your payment and other related information. You also consent to pay the applicable fees and taxes for the Paid Services as they become due plus all related taxes (including without limitation sales and use taxes, duties or other governmental taxes or fees), and to reimburse us for all collection costs and interest for any overdue amounts.
  3. No refunds. All fees and charges are nonrefundable and there are no refunds or credits (i) as expressly set forth in this Agreement, (ii) as otherwise required by applicable law and (iii) at Powerfulhuman.com’s sole and absolute discretion. All prices are subject to change without notice.
  4. Merchandise Sold via Third Party E-commerce Websites.com may redirect you to a third-party e‑commerce websites that sell certain goods or merchandise on behalf of Powerfulhuman.com. These third-party websites may collect payment and ship products to You on our behalf. In the event of Your making any purchases on such third-party websites, You understand that Powerfulhuman.com does not have any direct control over third party website’s terms and conditions, shipping, payment and refund policies and you are also bound by third party website’s terms and conditions, in addition to that of Powerfulhuman.com’s. Notwithstanding the refund policies of third party website’s, Powerfulhuman’s does not offer any refund for any purchases of our merchandise you made in third party websites. Powerfulhuman.com is not responsible for any loss, damage or claims arising out of the transactions between You and any third party ecommerce website.

SHIPPING INFORMATION
POWERFUL HUMAN LLC.
1167 Rue Jolie Ln  Wenatchee 98801

POWERFULHUMAN.COM’S GIFTING SERVICES

  1. Powerfulhuman.com may in its own discretion choose to send gifts to contributors, donors and sponsors and may contract with third party service providers for this purpose. You understand that you name, address and phone number may be shared with such third party for delivery of gifts. All other processes including order, shipping, and delivery shall be executed by third-party vendors (“Third Party Vendors”) and Powerfulhuman.com does not have direct control over and will not be responsible for any delay, misplacement, damage or loss of product during shipping.
  2. Additional Charges. You are responsible for any additional charges, taxes, fees, (excluding one-time shipping and postal charges), shipping and postal returns, as a beneficiary of Gifts sent to you.
  3. Gifts are not transferable or assignable to any third parties.
  4. Gifts cannot be exchanged for cash at any circumstances, unless specified otherwise.
  5. You will hold Powerfulhuman.com harmless and not liable for any damage, loss or injury arising out of your acceptance, receipt and usage of Gifts in any form, way or fashion.
  6. Cancellation and Assignment.com shall reserve the right to stop processing the Gifts in case you are unable to provide necessary documentation and unable to claim or use the Gifts. In such cases, Powerfulhuman.com shall choose the next eligible member as the beneficiary.

DOWNLOADABLE ELECTRONIC RECORDS AND AGREEMENTS

By using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms and conditions of the End User License Agreement, or similar agreement, associated with the application provided at download or installation, or as may be updated from time to time.

DISCLAIMERS

POWERFULHUMAN.COM PROVIDES THE SITES, THE PROPRIETARY MATERIALS AND THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL PROPRIETARY MATERIALS AND OTHER INFORMATION AND CONTENT CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

POWERFULHUMAN.COM DOES NOT REPRESENT AND WARRANT THAT (A)YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, COMPLETE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, (B)ANY DEFECTS IN THE SERVICES WILL BE CORRECTED OR (C)THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. POWERFULHUMAN.COM DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES OR THE DELIVERY OF ANY MESSAGES.

POWERFULHUMAN.COM DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR THE CONDUCT OF ANY USERS OR MEMBERS OF THE SERVICES OR FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN POWERFULHUMAN.COM. UNDER NO CIRCUMSTANCES WILL POWERFULHUMAN.COM BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR HARM OF ANY KIND RESULTING FROM NAY CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS OR THIRD PARTIES.

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL POWERFULHUMAN.COM, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING DIRECT, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, OR THE PROPRIETARY MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM POWERFULHUMAN.COM, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO POWERFULHUMAN.COM’S RECORDS, PROGRAMS OR SERVICES. UNDER NO CIRCUMSTANCES WILL POWERFULHUMAN.COM’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES, EXCEED THE GREATER OF (1) THE AGGREGATE AMOUNT OF FEES FOR PAID SERVICES PAID BY YOU DURING THE IMMEDIATELY PRECEDING SIX MONTHS AND (2) $100.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POWERFULHUMAN.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, IDENTITY THEFT AND/OR ANY OTHER DAMAGES RESULTING FROM MEETINGS OR OTHER INTERACTIONS WITH EMPLOYEES, STAFF OR PERSONNEL GAINFULLY EMPLOYED AT POWERFULHUMAN.COM OR ITS OFFICERS, DIRECTORS, REPRESENTATIVES AND SUCH OTHER AUTHORISED PERSONS. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF OUR EMPLOYEES, STAFF, PERSONNEL, DIRECTORS, REPRESENTATIVES, AND SUCH OTHER AUTHORISED PERSONS.

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

DISPUTES AND INDEMNIFICATION

  1. Disputes Redressal Mechanism. We strive hard to not create any opportunity for any disputes. In case of disputes, we intend to resolve them amicably and quickly and we encourage you to contact us and explain your complaint prior to initiating any legal action.
  2. i) You agree that any dispute arising from this Agreement shall be first referred to a mediator appointed by Powerfulhuman.com within ten (10) business working days of e-mail notice to info@Powerfulhuman.com. The mediator shall try to solve the dispute between You and Powerfulhuman.com amicably before resorting to a legal recourse.
  3. ii) You agree that any dispute arising from this Agreement or about or involving the Services will by governed by the laws of the State of Washington (USA), without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You and Powerfulhuman.com agree to submit to the sole and exclusive jurisdiction of, and agree that venue is proper in, the state and federal courts located in Washington (USA) in such legal action or proceeding.
  4. You agree to defend, indemnify and hold Powerfulhuman.com, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners and employees harmless from any loss, liability, claim, damages, costs, expenses or demand, including reasonable attorney’s fees, due to or arising out of (i) your use of or inability to use the Services, (ii) any User Content or Submission you provide or transmit through the Services, (iii)your conduct in connection with the Services or our users, (iv)your violation of any of the terms of this Agreement, (v) your violation of any rights of a third party or (vi) your violation of any applicable laws, rules or regulations.

TERMINATION

This Agreement is effective upon your first use of the Services and shall remain in effect until it is terminated in accordance with the terms of this Agreement.

  1. Termination by Powerfulhuman.com.Notwithstanding anything to the contrary in this Agreement, Powerfulhuman.com may suspend and/or terminate your right to use the Services and may block or prevent your access to and use of the Services at any time in its sole discretion, for any reason or no reason, without explanation and without notice (including without limitation blocking users or Members from certain IP addresses). We also reserve the right to remove or block access to your account information if applicable, User Content or data from our Services and any other records at any time at our sole discretion. In the event that we determine that your access to any of the Services is terminated or suspended for cause, such as due to any breach of this Agreement, flagged conduct or content, third party complaints or the implementation of our repeat infringer policy, you agree that all payments then made to Powerfulhuman.com by you will be non-refundable as damages for breach of contract and all outstanding or pending payments will immediately be due and payable. All decisions as to the refundability of the fees are in Powerfulhuman.com’s sole discretion.

MISCELLANEOUS TERMS

You agree that this Agreement, together with the Privacy Policy, DMCA and Copyright Policy and Other Policies contains the entire agreement between you and Powerfulhuman.com regarding the use of the Services and supersedes all prior agreements and understandings (including without limitation any prior versions of this Agreement), except to the extent that the parties have entered into a separate written agreement applicable to the Services that expressly governs over this Agreement. If any provision of this Agreement is held illegal, void, invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of Powerfulhuman.com to exercise or enforce any right or provision in this Agreement shall not operate as a waiver of such right or provision. Other than any entities that Powerfulhuman.com owns a 50% or greater interest in, there are no third-party beneficiaries to this Agreement and no third party who is not a party to this Agreement shall have any right to enforce any term of this Agreement. Powerfulhuman.com is owned and operated by Powerful Human LLC which is a limited liability company organized under the laws of the State of Washington, USA.

LANGUAGE OF THE AGREEMENT

The language of this Agreement is English. Where Powerfulhuman.com has provided a translation of the English version of this Agreement, you agree that the translation is provided for your convenience only and that the English language version of this Agreement will govern your relationship with Powerfulhuman.com. If there is any contradiction between what the English language version of this Agreement says and what a translation says, then the English language version will take precedence.

 

CONTACT US

If you have any more questions about this Agreement or any other agreement, you may contact our member response center.

Physical Address: Powerfulhuman LLC
4801 Contractor Dr.
East Wenatchee, WA 98802
United States of America
Email: info@powerfulhuman.com

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