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BY ACCESSING THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN, YOU
ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS
AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING
ITS TERMS.
1. Parties. The parties to this Agreement are you, a visitor to this
web site ("You"), and the owner and operator of this web
site: Power Resources Operating Company., An Ohio corporation ("Power
Resources Operating Company"). All references to "us",
"this web site" or "this site" shall be construed
to mean Power Resources Operating Company. If the user is not an individual,
then "You" means Your company, its officers, members, agents,
successors and assigns.
2. Assent To Terms of Use And Amendment. Power Resources Operating
Company grants a non-exclusive, non-transferable, and revocable license
to You and provides the services available at this site to You subject
to the following terms and conditions.
THESE TERMS AND CONDITIONS MAY BE AMENDED BY US FROM TIME TO TIME
WITHOUT NOTICE TO YOU. YOU CAN REVIEW THE MOST CURRENT VERSION OF
THE TERMS AND CONDITIONS AT ANY TIME AT THIS SITE. IN ADDITION, WHEN
USING PARTICULAR SERVICES IN THIS SITE, GUIDELINES OR RULES MAY BE
POSTED WHICH ARE APPLICABLE TO YOUR USE OF THOSE SERVICES. YOUR USE
OF THIS SITE AND YOUR RELATIONSHIP WITH POWER RESOURCES OPERATING
COMPANY ARE SUBJECT TO ALL GUIDELINES OR RULES THAT MAY BE POSTED
FROM TIME TO TIME ON THE SITE, WHICH ARE ALL INCORPORATED BY REFERENCE
INTO THIS AGREEMENT. BY USING THIS SITE, YOU ARE AGREEING TO BE BOUND
BY ALL OF THE TERMS AND CONDITIONS OF THE MOST CURRENT VERSION OF
THE TERMS OF USE AGREEMENT AND ANY GUIDELINES AND RULES POSTED ON
THIS SITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT
USE THIS SITE.
3. Entire Agreement. This Terms of Use Agreement will be expressly
incorporated by reference in each and every agreement between You
and Power Resources Operating Company, and except for any separate
license agreement for software and/or content, this terms of use agreement
supersedes any and all prior and existing agreements, whether oral
or in writing, between You and Power Resources Operating Company with
respect to the subjects addressed herein and constitutes the entire
agreement between the parties with respect to those subjects. Except
for any separate license agreement for software and/or content, You
acknowledge that neither Power Resources Operating Company nor anyone
on Power Resources Operating Company's behalf has made any representations,
inducements, promises or agreements, orally or otherwise, to You relating
to the subjects addressed by this terms of use agreement that are
not embodied herein.
4. Prohibited Conduct. You agree (i) not to use this site to upload
or distribute in any way files that contain viruses, corrupted files,
or any other similar software or programs that may damage the operation
of another's computer; (ii) not to interfere or disrupt this site
or any networks connected to this site; (iii) not to use any device,
software or routine or attempt to interfere with the proper functioning
of this site or any transactions being offered at this site; (iv)
not to take any action that imposes an unreasonable or disproportionately
large load on Power Resources Operating Company's infrastructure;
(v) not to use this site to collect or harvest personal information,
including, without limitation, financial information, about other
participants at this site; and (vi) not to impersonate any person
or entity or falsely state or otherwise misrepresent Your affiliation
with a person or entity. You agree not to use the services, products,
or downloads available at this site for illegal purposes, and to comply
with all regulations, policies and procedures of networks connected
to this site.
5. Compliance with Laws. You shall comply with all applicable laws
and regulations of the United States and foreign authorities (including,
but not limited to United States trade restriction laws, export laws
or license requirements and laws regarding the sale or transport of
hazardous materials, and laws regarding the transmission of technical
data, including without limitation encryption, exported from the United
States through the services available at this site) relating to any
service, product, or download associated with this site.
6. Separate License Agreement(s). You may acquire software and/or
content from Power Resources Operating Company by download from this
site, or otherwise directly from Power Resources Operating Company.
You agree that your use of such software and/or content shall be strictly
in accordance with the applicable license agreement(s).
7. Registration Data And Privacy. Registration may be required for
you to download from this site, or for your participation in certain
services offered at this site. You must provide certain current, complete,
and accurate information about You as prompted to do so by the registration
form ("Registration Data"), and maintain and update such
registration information as required to keep such information current,
complete and accurate. You warrant that your Registration Data is
accurate and current, and that You are authorized to provide such
Registration Data. You authorize us to verify your Registration Data
at any time. If any Registration Data that You provide is untrue,
inaccurate, not current or incomplete, Power Resources Operating Company
retains the right, in its sole discretion, to suspend or terminate
rights to use the services. Solely to enable Power Resources Operating
Company to use information You supply us internally, so that we are
not violating any rights You might have in that information, You grant
to Power Resources Operating Company a nonexclusive license to (i)
convert such information into digital format such that it can be read,
utilized and displayed by Power Resources Operating Company's computers
or any other technology currently in existence or hereafter developed
capable of utilizing digital information, and (ii) combine the information
with other content provided by Power Resources Operating Company,
in each case by any method or means or in any medium whether now known
or hereafter devised.
8. Registration By Children Under The Age of 18 Is Not Permitted.
REGISTRATION IS NOT AVAILABLE TO CHILDREN UNDER THE AGE OF 18. IF
A USER UNDER THE AGE OF 18 ATTEMPTS TO REGISTER WITH POWERRESOURCES.COM,
WE SHALL NOTIFY THE USER THAT HE OR SHE IS NOT ELIGIBLE, AND WE SHALL
NOT COLLECT OR USE ANY PERSONAL INFORMATION FROM SUCH CHILD.
9. Copyrights. The copyright in all material provided on this site
is owned by Power Resources Operating Company or by Power Resources
Operating Company's licensor(s). You acknowledge and agree that this
site contains proprietary information that is protected by applicable
intellectual property and other laws. You further acknowledge and
agree that information presented to You through this site, including
text, graphics, logos, icons, images and software, and the arrangement
and compilation of such content, are the property of Power Resources
Operating Company or its content suppliers and is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and
laws. Power Resources Operating Company does not grant any license
or authorization to any user of its copyrightable material or other
intellectual property, by placing them on this site. Furthermore,
except as stated herein, none of the material may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted
in any form or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording, or otherwise, without the prior
written permission of Power Resources Operating Company or the copyright
owner. However, You may print a copy of the information on this site
for Your personal, non-commercial internal use or records. In so doing,
You may not modify the materials and You agree to retain all copyright
and other proprietary notices contained in the materials. This permission
does not give You any ownership rights in the information and terminates
automatically if You breach any of these terms or conditions. If You
make any other use of this site, except as otherwise provided herein,
You may violate copyright and other laws of the United States, other
countries, as well as applicable state laws and may be subject to
penalties.
10. Trademarks. The trademarks, service marks, and logos (the "Trademarks")
used and displayed on this site may be registered and unregistered
Trademarks of Power Resources Operating Company and others. Nothing
on this site should be construed as granting, by implication, estoppels,
or otherwise, any license or right to use any Trademark displayed
on the site, without the written permission of the Trademark owner.
Power Resources Operating Company aggressively enforces its intellectual
property rights to the fullest extent of the law. Power Resources
Operating Company prohibits use of any of the forgoing names or marks
as a metatag or as a "hot" link to any Power Resources Operating
Company site unless establishment of such a link is approved in advance
by Power Resources Operating Company in writing. If You have any questions
regarding any trademarks on the site, please contact Power Resources
Operating Company.
11. Links. This site may provide links to other Internet sites. Power
Resources Operating Company is not responsible for the availability
of such other sites and does not endorse and is not responsible or
liable for any content, products or other materials available on such
other sites. Links to external web sites do not constitute an endorsement
by Power Resources Operating Company of those sites or the sponsors
of such sites or the content, products, advertising or other materials
presented on such sites. Further, Power Resources Operating Company
reserves the right to terminate any link or linking program at any
time. Power Resources Operating Company does not author, edit, or
monitor these unofficial pages or links. You further acknowledge and
agree that Power Resources Operating Company shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on
any information, goods or services available on or through any such
site. If You decide to access any of the third party sites linked
to this site, You do this entirely at Your own risk.
12. Participation In Promotions Of Advertisers. You may enter into
correspondence with or participate in promotions of advertisers promoting
their products or services on this site ("Advertisers").
You acknowledge and agree that any such correspondence or participation,
including the delivery of and the payment for goods and services,
and any other terms, conditions, warranties or representations associated
with such correspondence or promotions, are solely between You and
Advertiser. Power Resources Operating Company shall have no liability,
obligation or responsibility whatsoever arising out of or in connection
with any such correspondence or participation or transactions.
13. Monitoring. You acknowledge that Power Resources Operating Company
or its designees reserves the right to, and may from time to time,
monitor any and all activity or information transmitted or received
through this site. Power Resources Operating Company, in its sole
discretion and without further notice to You, may (but is not obligated
to) review, censor or prohibit any activity or the transmission or
receipt of any Information which Power Resources Operating Company
deems inappropriate (such as that specified in above) or that violates
any term or condition of this agreement. During monitoring, information
may be examined, recorded, copied, and used for authorized purposes.
Use of this site, authorized or unauthorized, constitutes consent
to such monitoring. Unauthorized uses and unauthorized users of this
site will be prosecuted to the full extent of the law.
14. NO WARRANTIES. THIS SITE AND ALL INFORMATION CONTAINED ON THIS
SITE, AND EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN A LICENSE AGREEMENT
FOR SOFTWARE OR CONTENT, ALL GOODS AND SERVICES OBTAINED THROUGH THIS
SITE, ARE PROVIDED ON AN "AS IS" BASIS FROM POWER RESOURCES
OPERATING COMPANY AND ITS INFORMATION PROVIDERS, POWER RESOURCES OPERATING
COMPANY AND ITS AFFILIATES AND CONTENT PROVIDERS MAKE NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THIS AGREEMENT,
THE PERFORMANCE UNDER THIS AGREEMENT, THE SERVICES AVAILABLE ON THIS
SITE, THE OPERATION OF THE SOFTWARE AVAILABLE ON THIS SITE, THE TRANSACTIONS
PERFORMED ON THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS AND/OR
PRODUCTS INCLUDED ON THIS S ITE. TO THE FULLEST EXTENT PERMISSIBLE
BY APPLICABLE LAW, EACH OF POWER RESOURCES OPERATING COMPANY AND POWER
RESOURCES OPERATING COMPANY'S AFFILIATES AND CONTENT PROVIDERS DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR P URPOSE,
TITLE AND/OR NONINFRINGMENT. YOU ACKNOWLEDGE THAT NEITHER THIS SITE
NOR THE CONTRACTMAKER INTERNET SERVICE IS ENGAGED IN PROVIDING PROFESSIONAL
LEGAL SERVICES OR LEGAL ADVICE, AND THAT IT IS YOUR RESPONSIBILITY
TO SEEK COMPETENT LEGAL COUNSEL TO ADVISE YOU REGARDING THE APPLICABILITY
OF ANY CONTENT AVAILABLE ON THIS SITE TO SPECIFIC FACTUAL SITUATIONS.
NO ATTORNEY-CLIENT RELATIONSHIP IS INTENDED NOR CREATED THROUGH YOUR
USE OF THIS SITE, THE CONTRACTMAKER INTERNET SERVICE, OR THE CONTENT.
YOU ASSUME THE ENTIRE RISK OF SELECTION AND USE OF THE CONTENT AVAILABLE
AT THIS SITE. WITHOUT LIMITING THE FOREGOING, NONE OF POWER RESOURCES
OPERATING COMPANY NOR POWER RESOURCES OPERATING COMPANY'S AFFILIATES
OR CONTENT PROVIDERS MAKES ANY WARRANTY THAT (i) THE GOODS OR SERVICES
OFFERED ON THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THE GOODS OR
SERVICES OFFERED ON THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE GOODS OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE CONTENT
OR INFORMATION AVAILABLE ON THIS SITE IS COMPLETE, ACCURATE OR AVAILABLE,
OR (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET
YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM POWER RESOURCES OPERATING COMPANY OR THROUGH
THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
15. LIMITED LIABILITY. POWER RESOURCES OPERATING COMPANY AND ALL OF
POWER RESOURCES OPERATING COMPANY's AFFILIATES AND CONTENT PROVIDERS
AND THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE
FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF
BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS
AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE,
THAT SUCH DAMAGES MIGHT BE INCURRED, AND NOTWITHSTANDING ANY FAILURE
OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES
ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY
CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE GOODS
OR SERVICES PROVIDED ON THIS SITE OR THIS AGREEMENT MUST BE FILED
WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE
FOREVER BARRED. YOU FURTHER AGREE IF YOU BECOME ENTITLED TO ANY RECOVERY,
THAT YOUR RECOVERY SHALL BE LIMITED TO THE AMOUNT OF FEES OR PAYMENTS
MADE TO POWER RESOURCES OPERATING COMPANY, IF ANY, FOR THE SERVICE,
SOFTWARE OR CONTENT AT ISSUE.
16. Indemnity. You shall indemnify, defend, and hold harmless Power
Resources Operating Company and its content providers and their respective
shareholders, affiliates, employees, agents, successors, officers,
and assigns, from any suits, losses, claims, demands, liabilities,
costs and expenses (including attorney and accounting fees) that they
may sustain or incur arising from (i) Your use of the software available
at or downloaded from this site, (ii) Your failure to comply with
any applicable laws and regulations (including without limitation
those regarding the export of products or technology abroad) or to
obtain any licenses or approvals from the appropriate government agencies
necessary to purchase or sell the subject goods and services, (iii)
Your use of the content available on this site in any way contrary
to this agreement (d) Your breach of any of Your representations,
warranties or obligations set forth in this agreement, (iv) the sale,
purchase, transportation, delivery, use or disposal of any Power Resources
Operating Company service, product, or download associated with this
site or available through other sites, or any loss suffered by or
harm to any person or property in any way relating to of caused in
whole or in part by Your use of this site or any service, product,
or download associated with this site (including, without limitation,
any personal injuries or death of any third person caused in whole
or in part by such products or services, the use, transportation,
delivery, storage, handling or release thereof), and (v) any taxes
attributable to the relating to any service, product, or download
associated with this site.
17. Beneficiaries of this Agreement; No Other Agreements. The rights
and limitations in this agreement are for the benefit of Power Resources
Operating Company and each of Power Resources Operating Company's
content providers, each of which shall have the right to enforce its
rights hereunder directly and on its own behalf.
18. Termination. You agree that Power Resources Operating Company
may, at its sole discretion, deny You access to the site and disable
any user name and password associated with You for any reason, including,
without limitation, if Power Resources Operating Company believes
that You have violated or acted inconsistently with the letter or
spirit of this agreement. Power Resources Operating Company reserves
the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the services offered under this site (or
any part thereof) with or without notice. You agree that Power Resources
Operating Company shall not be liable to You or to any third party
for any modification, suspension or discontinuance of the services
offered under this site.
19. Consumer Rights. Power Resources Operating Company maintains specific
contact information including an e-mail address for notifications
of complaints and for inquiries regarding pricing policies. All correspondence
should be addressed to Power Resources Operating Company's agent for
notice at the following address:
Power Resources Operating Company, 4051 Whipple Ave. NW, Canton, OH
44718
You may contact Power Resources Operating Company with complaints
and inquiries regarding pricing and Power Resources Operating Company
will investigate those matters and respond to the inquiries.
20. Controlling Law. This Agreement shall be construed under the laws
of the State of Ohio, USA, excluding rules regarding conflicts of
law.
21. Jurisdiction And Venue. You and Power Resources Operating Company
agree to submit to the exclusive personal jurisdiction of the courts
of Stark County in the State of Ohio, USA in all legal proceedings
arising under this Agreement.
BY ACCESSING THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN YOU
AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS
TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND
CONDITIONS SET FORTH IN THIS AGREEMENT, PLEASE EXIT THIS SITE.
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