This website [www.theartofpower.com] (the “Site”) is owned and operated by BelPower, LLC d/b/a The Art of Power (the “Company”, “we” or “us”). By accessing or using the Site, whether through a personal computer, mobile device or any other technology, you accept and agree to be bound by the Terms of Use (the “Terms”), so please read the Terms carefully. The Company may modify the Terms from time to time and without notice, effective upon posting on the Site. Your access or use of the Site at any time constitutes acceptance of the Terms in effect at that time.

Privacy Policy

The Company’s Privacy Policy also governs your access to and use of the Site, information you provide or the Company collects on or through the Site, and product purchase and return requirements. Each policy is incorporated into the Terms by reference.

 

Ability to Accept TermsThis Site is offered and made available only to visitors 13 years of age or older and certain features on this Site (including user registration, if any) may be subject to other eligibility requirements. By accessing or using the Site, you certify that you are at least 13 years of age. If you are not yet 13 years old, please discontinue using the Site immediately. The Company cannot prevent minors from visiting the Site and must rely upon parents, guardians and others responsible for supervising children to decide what content is appropriate for such children. Parents and guardians should be aware that parental control protections (such as computer hardware, software, or filtering services) are available that may assist in limiting access to material that is harmful to minors and/or help prevent children from submitting information online without parental permission.

 

If for any reason, you do not agree with all of the terms and conditions contained in the Terms and the Privacy Policy, discontinue using the Site immediately.

Site Content and Proprietary Rights

You acknowledge that the Site contains content, including text, photographs, images, graphics, video or audio, in any format (“Content”), that is protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. The Site and all Content is copyrighted as a collective work under the U.S. copyright laws, and the Company owns a copyright in any and all original creative works created by it and incorporated into the Site, and in the selection, coordination, arrangement, and enhancement of the Content.

You may not capture, reproduce, perform, transfer, sell, license, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or in any way exploit any of the Content, in whole or in part, except as provided for in the Terms or explicitly permitted in writing by the Company in advance. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your own non-commercial use strictly for your own personal entertainment use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the Terms, or as permitted by the fair use privilege under the U.S. copyright laws, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.

UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED. Any use of the Content other than as permitted by the Terms or the Privacy Policy will constitute a violation of the Terms or the Privacy Policy and may constitute copyright, trademark and/or patent infringement. You agree not to use the Content for any unlawful purposes, in any way not expressly permitted herein, and not to violate the Company’s rights or the rights of others. You are advised that the Company will aggressively enforce its rights to the fullest extent of the law.

The Company reserves the right to remove or modify any Content at any time, without notice and without liability, including any Content that it deems, in its sole discretion. Also, you should be aware that the Company may electronically monitor areas of the Site and may disclose any Content, logs, records, or electronic communication of any kind (a) to satisfy any law, regulation, or government request; (b) if such disclosure is necessary or appropriate to operate the Site; or (c) to protect the rights or property of the Company or its third party partners, sponsors or advertisers, service providers, licensors or any other user of the Site.

Communication with Us

By accessing or visiting the Site or sending an e-mail or otherwise communicating with the Company through the Site, you are communicating with the Company electronically and you agree to receive electronic communication from the Company, including by e-mail and by posting to the Site. You agree that any electronic communication from the Company satisfies any legal requirements that such communication must be in writing. You also agree that any communications that you submit or otherwise provide to the Company or the Site, by e-mail or otherwise, are and will be treated as non-confidential and nonproprietary and that the Company will have right to use such information in accordance with the Privacy Policy. The Company takes commercially reasonable steps to protect your Personal Information (as defined in the Privacy Policy) in accordance with the Privacy Policy but is not responsible for the security of any Personal Information you submit to the Company by e-mail, through your use on the site, or by any other means.

Links

You may link to the Site for non-commercial purposes only, or as otherwise specifically agreed in writing by the Company, provided that you remove any such link upon demand by the Company.

Accuracy

The Company attempts to ensure that the Content is accurate. However, the Company does not warrant that any Content is accurate, complete or error-free. The Company may modify or discontinue the Site, in whole or in part, at any time and without prior notice.

Warranty Disclaimer and Limitation of Liability

ALL COMPANY PRODUCTS, THIS SITE AND ALL CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE AND ALL PRODUCTS PURCHASED ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE PRODUCTS AND/OR CONTENT AVAILABLE ON OR THROUGH THE SITE IS ACCURATE, COMPLETE, RELIABLE, CORRECT OR ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL MATTER. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE AND YOUR PURCHASE OF PRODUCTS ON OR THROUGH THE SITE ARE AT YOUR SOLE RISK.

IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (a) ACCESS OR USE OR INABILITY TO ACCESS OR USE THE SITE OR THE CONTENT; (b) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE CONTENT; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) ANY OTHER MATTER RELATING TO THE SITE OR THE CONTENT; OR (e) THE CONDITION OR DESCRIPTION OF PRODUCTS SOLD ON OR THROUGH THE SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PRODUCT, THE SITE, THE CONTENT, THE TERMS, OR THE PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR RETURN THE PRODUCT IN ACCORDANCE WITH THE COMPANY’S RETURN POLICY SET FORTH IN THE WARRANTY, AS APPLICABLE.

THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL APPLY TO EVERY FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, AND SHALL SURVIVE ANY BREACH OF THE TERMS OR THE PRIVACY POLICY OR ANY AGREEMENT, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS, THE PRIVACY POLICY, OR AN AGREEMENT OR ANY EXCLUSIVE REMEDY.

WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW PROVISION SET FORTH BELOW, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEREFORE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE COMPANY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT IN NO EVENT SHALL THE COMPANY’S CUMULATIVE LIABILITY IN CONNECTION WITH THE SITE AND/OR YOUR ACCESS TO AND USE OF THE SITE EXCEED $50.00 OR, IN THE CASE OF A PRODUCT PURCHASED, THE PURCHASE PRICE OF SUCH PRODUCT.

BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Access from Outside the United States

The Site is controlled and operated by the Company from New York, New York, U.S.A. The Company makes no representation that any Content is appropriate or available for use in other locations. Those who choose to access the Site do so on their own initiative and at their own risk and are responsible for compliance with all applicable local laws. The Company reserves the right to discontinue the Site or to limit the availability of the Site and/or the provision of any Content, service or product offered on or through the Site to any person, geographic area or jurisdiction, at any time and in its sole discretion, and to limit the quantities of any such service or product that it provides.

Violations

The Company will determine your compliance with the Terms and the Privacy Policy in its sole discretion and its decision shall be final and binding. Any violation of the Terms or the Privacy Policy may result in restrictions on your access to all or part of the Site and may be referred to law enforcement authorities. The Company reserves the right to modify or discontinue this Site, or any portion thereof without notice to you or any third party. Upon termination of your access to the Site, or upon demand by the Company, you must destroy all materials obtained from the Site and all related documentation and all copies and installations thereof. You are advised that the Company will aggressively enforce its rights to the fullest extent of the law. The Company, in its sole discretion, reserves the right to disqualify and terminate access or use of any individual found to be (a) tampering with the operation of the Site; (b) acting in violation of the Terms or the Privacy Policy; (c) acting in an unethical or disruptive manner; or (d) acting with intent to annoy, abuse, threaten or harass the Company, its representatives or any other individual in any manner related to the Site.

Miscellaneous

The Terms, the Privacy Policy, the Site, the Content and any dispute that may arise between you and the Company, shall be governed by and construed in accordance with the laws of the State of New York, U.S.A., without regard to conflicts of law principles, and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. You irrevocably and unconditionally consent to the exclusive jurisdiction of and venue in the courts in the County of New York, New York, U.S.A. for any and all disputes arising out of or relating to the Terms, the Privacy Policy, the Site, the Content and any dispute that may arise between you and the Company.

Nothing contained in the Terms or the Privacy Policy shall be deemed to constitute you and the Company as partners or joint venturers or constitute an employment or agency relationship between you and the Company. The Terms and the Privacy Policy, as each may be amended from time to time, set forth the entire understanding of you and the Company as to your access and use of the Site and the Content. If any provision of the Terms or the Privacy Policy is found by a court of valid jurisdiction to be invalid or unenforceable, the remainder of the Terms and the Privacy Policy shall remain in full force and effect and shall be enforced to the fullest extent permitted by law. No waiver or failure by the Company to enforce any provision of the Terms or the Privacy Policy shall be valid unless in writing and signed by an officer of the Company. The Company may assign its rights and duties under the Terms or the Privacy Policy to any party, at any time, and without notice to you.

Headings in the Terms and the Privacy Policy are purely for reference and shall not affect the meaning of any term or condition. As used in the Terms and the Privacy Policy the words “include” and “including,” and variations thereof shall not be deemed to be terms of limitation, but rather shall be deemed to be followed by the words “without limitation.” Any provision of the Terms or the Privacy Policy that must survive to allow the Company to enforce its meaning shall survive termination for any reason. Any claim or action by or through you relating in any way to the Terms, the Privacy Policy, the Site or the Content or otherwise with respect to their subject matter, regardless of form or the basis of the claim, must be brought within 1 year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose) or else such cause of action is waived.

The Terms and the Privacy Policy constitute a written agreement between you and the Company. A printed version of the Terms or the Privacy Policy, and of any electronic notice pertaining to the Terms or the Privacy Policy, shall be admissible in a judicial or administrative proceeding to the same extent, and subject to the same restrictions, as any other contract, document or record originally in printed form.

Contacting the Company

If you have questions about the Terms, the Privacy Policy, or any other questions concerning the Site, please contact:

BelPower, LLC
d/b/a The Art Of Power
customersupport@theartofpower.com

 

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