Terms and Conditions
Terms and Conditions
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Member", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “We” and "Us", refers to our Company (Power Perx, LLC). “Party”, “Parties”, or “Us”, refers to both the Member and the Company, or either the Member or the Company. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Member in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Member’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing United States Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Monthly Fees
Upon submitting a request for Membership, a Member ID and Password are assigned to you and can be used to gain access to www.powerperx.com. You will automatically be billed each month according to the terms as outlaid on the offer page. Membership fees will be billed to the credit card used by you to complete the signup process unless you cancel your membership or change your billing method. Membership fees will be processed in the name of Power Perx, LLC.
If you choose to sign up for this product, and pay the recurring monthly charges using a debit or credit card, you hereby provide pre-authorization and consent that Power Perx may charge $14.95, less any promotional discount on a monthly basis. You may stop payment on any pre-authorized charge by notifying Power Perx at any time…(see Cancellation Policy). You agree your pre-authorization and written consent to charge your card is given in electronic form by submitting the request for the membership, and that an electronic signature is sufficient to authenticate your authorization to charge your card. You further agree that these terms and conditions shall be your copy of your pre-authorization for the charged card.
Money Back Guarantee
The Member must take advantage of and sign up for at least 5 of the discounted services offered by the Company during a one year period, in order to qualify for the money back guarantee. If the Member has not saved at least an amount equivalent to one year’s membership dues, the Company will refund, to the Member, the amount equal to one year’s membership dues upon written request. The Member must submit, with the written request for a refund, proof that the member has signed up for, and used at least 5 of the discounted services offer by the Company’s agents.
Privacy Statement
We are committed to protecting your privacy. Authorized employees within the company, on a need to know basis only, use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. We will investigate any such privacy violations with a view to prosecuting and/or taking civil proceedings to recover damages.
Confidentiality
Member records are regarded as confidential and therefore will not be divulged to any third party, other than our supplier(s), agents, and marketing partners, and if legally required to do so, to the appropriate authorities. Members have the right to request sight of, and copies of any and all Member Records we keep, on the proviso that we are given reasonable notice of such a request. Members are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Member’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
Hold Harmless Clause
This agreement is made upon the express condition that Power Perx, LLC, its agents and employees shall be free from all liabilities and claims for damages and/or suits for or by reason of any injury, death or loss or perceived loss from it’s Members, and the Member hereby covenants and agrees to indemnify, defend, save and hold harmless Power Perx, LLC, its agents and employees from all liabilities, charges, expenses and costs on account of or by reason of any such injuries, claims, suits or losses however occurring or damages growing out of the same.
The Member understands that Power Perx, LLC will only negotiate for discounted rates from third party vendors for its Members, and Power Perx, LLC will advertise these rates and benefits to its Members. The vendors may at their discretion change the terms of the discount, or remove the discount. The Member will hold Power Perx, LLC harmless of any loss or perceived loss to the Member, if a vendor has removed or changed an advertised discount that causes the Member to suffer any loss or perceived loss.
When the Member uses the services from one of the advertised third party vendors, the Member acknowledges that any loss, injury, or death that may result in the service of the third party vendor will be at the liability of that third party vendor, and not the liability of Power Perx, LLC, and the Member will Hold Harmless Power Perx, LLC, its agents and employees.
Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
All major Credit/Debit Cards are all acceptable methods of payment. Our Terms are payment in full for each month of service on the same day each month according to the sign up date. If the sign up date is on the 31st then all future payments will be on the first day of the following months. All payments will take place after the free trial period has ended.
Cancellation Policy
Minimum 24 hours notice of cancellation is required. To cancel your membership call 385-350-3600 to speak with the cancellation department. The Company will then send the member a cancellation confirmation email. Cancellation may not be made via voice mail. In the event the Member cancels, no refunds will be issued by the Company unless the member meets the refund qualification.
Availability
Unless otherwise stated, the services featured on this website are only available within the United States. All advertising is intended solely for the United States market. You are solely responsible for evaluating the usability for a particular purpose of any downloads or programs available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Log Files
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Cookies
Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Communication
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone or facsimile.
This company is registered in the State of Utah, Phone Number 385-350-3600.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of Utah govern these terms and conditions. By accessing this website and using the services provided by third parties you consent to these terms and conditions and to the exclusive jurisdiction of the U.S. courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis
These terms and conditions form part of the Agreement between the Member and the Company. Your accessing of this website and/or undertaking of a Service or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
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