By using the iPower Distribution Group LLC ("iPower") web site (the "Site"), you agree to these terms and conditions:
COPYRIGHT AND TRADEMARK. Copyright infringement is a violation of federal law subject to criminal and civil penalties. All materials on this Site, and the selection and arrangement of such materials, are our property or the property of our content providers, and are protected by U.S. and international copyright laws. You may download, view, copy, and print the materials on this Site for informational, internal use only, provided that you do not remove or alter any trademark or copyright notices. Except as provided above, you may not download, view, copy, print, reproduce, distribute, republish, display, post, transmit or modify any part of the Site in any form or by any means without our prior written consent (including by mirroring any part of the Site).
The trademarks, service marks and logos used on this Site ("Trademarks") are our registered or unregistered Trademarks or those of third parties as indicated. Nothing on this Site shall be construed as granting any license or right to use any Trademark without our prior written consent, or that of any third party that owns a Trademark displayed on the Site. "iPower Distribution Group" is a protected trademark of iPower Distribution Group LLC.
DISCLAIMER OF WARRANTY. We do not warrant or represent that the information contained on this Site is accurate, complete, or current. YOUR USE OF THE SITE AND ITS CONTENTS, AND THIRD PARTY SITES TO WHICH THE SITE CONTAINS A LINK, IS ENTIRELY AT YOUR OWN RISK. THE SITE AND ITS CONTENTS ARE PRESENTED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, WITH RESPECT TO THE SITE AND ANY THIRD PARTY SITE TO WHICH THE SITE CONTAINS A LINK. Some jurisdictions do not allow the disclaimer of certain warranties; in such jurisdictions, warranties are disclaimed to the fullest extent permitted by law.
LIMITATION OF LIABILITY. IN NO EVENT WILL iPower OR ANY OF ITS MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, SUFFERED AS A RESULT OF ACCESSING, RELYING UPON, OR OTHERWISE USING OR BEING UNABLE TO USE ANY PORTION OF THE SITE OR ANY THIRD PARTY SITE TO WHICH THE SITE CONTAINS A LINK, WHETHER SUCH DAMAGES ARE CLAIMED UNDER CONTRACT, IN TORT, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CAUSE OF ACTION BY YOU WILL BE BARRED IF NOT BROUGHT WITHIN ONE YEAR AFTER SUCH CLAIM ARISES. Some jurisdictions do not allow the limitation or exclusion of liability for certain types of damages; in such jurisdictions, liabilities are limited to the fullest extent permitted by law.
LINKS TO OTHER SITES. As a convenience to users, the Site may contain links to sites owned or operated by third parties ("Third Party Sites"). We have no control over and accept no responsibility for the content or performance of Third Party Sites, and a link to a Third Party Site does not mean that we endorse or make any representations about that site, its performance, its content, its owner, or its owner's products or services.
USER ACCESS. iPower may at any time, in its sole discretion: (1) revoke the access of any user to this Site; (2) modify, change, withdraw, or delete this site and/or any of these conditions of use in whole or in part.
SOFTWARE. Any software ("Software") that may be made available to download from the server of this Site may be the copyrighted work of iPower and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, iPower HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
ACCEPTABLE USE. You may not send unsolicited commercial e-mail to the e-mail addresses provided on the Site. The posting of e-mail addresses is not to be construed as, and does not constitute consent to use of them by any seller of services, any compiler of mailing lists, or to any other non-authorized use without our prior permission. Spam, chain e-mails, and advertising and similar e-mail solicitations are expressly prohibited. You may not attempt to probe, scan or test the vulnerability of the Site or any related system or network or to breach Site security or authentication measures. You may not attempt to interfere with the proper functioning of the Site or the Firm, including, without limitation, via means of submitting a virus to the Site or the Firm, overloading, "flooding", "mailbombing" or "crashing."
GENERAL. You are responsible for compliance with all applicable laws governing your access to the Site. These terms and conditions will be governed by, and construed in accordance with applicable federal law, and with the laws of the State of Ohio, without regard to their conflicts of law provisions. Any action relating to these terms and conditions may be brought only in the state or federal courts of Cuyahoga County, Ohio.
Copyright © 2005 iPower Distribution Group LLC. All rights not expressly granted in these terms and conditions are reserved.