The following terms and conditions of use (“TOU”) set forth the basic rules that govern your use of the Site.
Introduction
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. THEY GOVERN YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, YOU MAY NOT USE THE SITE. Your use of this Site constitutes your knowledge, understanding, and acceptance of the TOU, and your agreement to be bound by the TOU. PowerHouse SMART® may change, edit, modify, delete, revise, or update the TOU from time to time without notice, and your use of this Site after any changes, edits, modifications, deletions, revisions, or updates are posted to the Site constitutes your agreement to comply with the posted TOU.
Fees / Charges for Accounts
PowerHouse SMART® charges for the ability to use our website. We reserve the right to change our pricing plans at any time.
Cancellation of Account
Fees paid to PowerHouse SMART® are not refundable. The user is responsible for cancelling recurring payments in your account. This will eliminate any future payments that you authorize to us. No refunds will be issued to accounts that do not cancel their recurring payments.
We reserve the right to cancel any accounts which violate our Terms of Use. If we do cancel your account you will not be refunded for any portions of your fees.
Trademarks
The trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) displayed on this Site are the registered and/or unregistered Trademarks of PowerHouse SMART®, or such third party licensors that may own the displayed Trademarks. Nothing contained on this Site or in the TOU serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of PowerHouse SMART® or such third party licensors that may own the displayed Trademarks.
Site Contents and Copyright
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, Submissions (as defined below), and their arrangement on this Site (“Content”) are all subject to patent, copyright, trademark, third-party licenses and other intellectual property protection. Content may not be copied for commercial use or distribution, nor may Content be modified, processed, or reposted to other websites without our written permission for uses other than those contemplated by this Site. Any and all content posted by you for inclusion on any third party websites are solely the property of the submitting party.
Data
Users of our services and site agree that they are solely responsible for all information that they submit or upload via our website. Every effort is made to maintain the integrity of the data on our website. This is achieved by the use of a third party hosting company as well as frequent backups of data. We do not store credit card numbers on our servers. All credit card and payment processing is handled through a third party service. Users agree to indemnify and hold harmless our company from any problems arising from the data that they submit via our website.
User Comments and Other Submissions
While PowerHouse SMART® desires to receive feedback from its members, please do not send PowerHouse SMART® any unsolicited creative or original concepts, ideas, materials or products, confidential or proprietary information, or the like with expectation of receiving compensation (“Submission(s)”). PowerHouse SMART® is under no obligation to use or compensate you for your Submissions. PowerHouse SMART® will not respond to you regarding your Submissions, and your Submissions will not be returned to you and will not be treated as confidential information. Submission of information to our forum is strictly voluntary. Please do not submit any confidential information in our forums.
Use of Client Information
Users of our site agree to allow us to use non-private information about their company in any of our advertising. This includes us using a company logo for any company that uses our services. No private information will be used.
License to Use Submissions
This Site may provide you with the opportunity to submit user-generated or third-party Submissions in private modes. By submitting items to this Site, you represent that you own or have unencumbered, transferable rights and permissions, including, without limitation, the right of publicity to the Submissions that you submit, that your submission of materials will be in compliance with any rules, laws, policies or guideline that apply to you or state and federal law.
No Endorsement or Liability for User-Generated or Third-Party Content
Although third-party or user-generated Submissions may be posted on this Site and other third-party sites, the posting of those Submissions does not constitute PowerHouse SMART®’s endorsement of those Submissions. PowerHouse SMART® is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with third-party or user-generated Submissions, and you are obligated to indemnify PowerHouse SMART® for any third-party claims resulting from the same.
Third-Party Links
To the extent that the Sites may allow third-party links, those links may direct you to third-party websites that are not affiliated with PowerHouse SMART®. PowerHouse SMART® is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions (“Third-Party Products”) made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party Products should be directed to the third party.
Third Party Disclosure
Member business developed or conducted between Third Party providers/collaborators; such as Resource PROs shall not be deemed private and must be disclosed to PowerHouse SMART®.
Copyrights and Digital Millennium Copyright Agents
Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site. Our copyright agent is PowerHouse SMART®’s intellectual property agent.
DMCA Infringement Notification
To be effective, your infringement notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
5. The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
6. The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
1. PowerHouse SMART® will remove or disable access to the content that is alleged to be infringing;
2. PowerHouse SMART® will forward the written notification to the alleged infringer; and
3. PowerHouse SMART® will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.
DMCA Infringement Counter Notification
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from PowerHouse SMART®, the alleged infringer will have the opportunity to respond to PowerHouse SMART® with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to PowerHouse SMART®’s designated copyright agent, and must include the following:
1. A physical or electronic signature of the subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
3. The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which PowerHouse SMART® may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.
Prohibited Uses
In addition to other prohibitions as set forth in the TOU, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish (email fraud), pharm (web traffic redirection fraud), pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Site, other websites, or the Internet. You represent and warrant that your use of the Site will be in compliance with any rules, laws, policies or guidelines that apply to users on third-party websites.
We reserve the right to terminate your use of the Site and our services for violating any of the prohibited uses.
Registration, Accounts and Passwords
The Internet and World Wide Web by nature are unsecure environments. Although PowerHouse SMART® takes reasonable steps to provide for the privacy, security and integrity of the Site, PowerHouse SMART® cannot guard against every form of security risk, and does not represent or warrant that the Site will always remain secure. You are responsible for the personal protection and security of any password or username that you may use to access this Site, if any. You are responsible for all direct or indirect damages and liable for all activity conducted on this Site that can be linked or traced back to any prohibited uses of the Site conducted under your username or password. You are obligated to immediately report a lost or stolen password or username to info@PowerHouseSMART®.com.
Site Updates
PowerHouse SMART® undertakes no obligation to update, amend or clarify information on this Site, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on the Site has been modified or updated. Please remember when reviewing information on this Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete.
On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times. PowerHouse SMART® reserves the right to, at any time without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate (including after you have submitted your order).
Limitations on Liability
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (3) THAT PowerHouse SMART® WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF PowerHouse SMART® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PowerHouse SMART®’S TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SITE EXCEED FIFTY ($50) DOLLARS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. PowerHouse SMART®’S AND ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Disclaimer
THE CONTENT PROVIDED ON THIS SITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” PowerHouse SMART® MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT ACCURACY, APPROPRIATENESS OR PERFORMANCE OF THIS SITE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE OR NON-USE, AND PowerHouse SMART® MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS SITE IS COMPATIBLE WITH YOUR COMPUTER OR FREE FROM ERROR OR VIRUSES. NO PowerHouse SMART® EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW, PowerHouse SMART® DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THIS SITE AND ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
PowerHouse SMART® RESERVES THE RIGHT TO ALTER OR REMOVE SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND PowerHouse SMART® WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.
Indemnification
YOU AGREE TO INDEMNIFY AND HOLD PowerHouse SMART®, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSE, INCLUDING ATTORNEY’S FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS SITE OR BREACH OF THESE TERMS OF USE.
Release
ALL USERS OF THIS SITE ACKNOWLEDGE AND AGREE THAT PowerHouse SMART® AS AN INDEMNIFIED PARTY IS RELEASED, DISCHARGED, AND HELD HARMLESS FROM ANY AND ALL LIABILITY FROM THIRD-PARTY CLAIMS MADE IN CONNECTION WITH THE SITE, INCLUDING, WITHOUT LIMITATION, WRONGFUL DEATH AND PERSONAL INJURY, MONEY DAMAGES, OUT-OF-POCKET AND COURT COSTS, ATTORNEY’S FEES, DAMAGE TO TANGIBLE PROPERTY OR REPUTATION, INCLUDING, WITHOUT LIMITATION, LIBEL, DEFAMATION, RIGHT OF PUBLICITY AND INVASION OF PRIVACY. PowerHouse SMART® RESERVES ITS RIGHT TO ALL FORMS OF EQUITABLE AND LEGAL RELIEF RELATED TO FRAUD OR ILLEGAL ACTIVITY CONNECTED TO THE USE OF THE SITE.
Termination
PowerHouse SMART® may terminate the Terms of Use at any time and may do so immediately without notice and, accordingly, refuse or terminate your access to the Site, if, in PowerHouse SMART®’s sole discretion, you fail to comply with any term or condition of the TOU.
Choice of Law and Forum
These TOU will be governed and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law rules. For all disputes arising out of or relating to this Site or TOU, you submit to exclusive personal jurisdiction and venue of the state and federal courts located in Lake County, Illinois.
Notice and Consent to Electronic Communications
When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be signed in writing.
Privacy Statement
PowerHouse SMART® is committed to protecting the privacy of the visitors to this Site. For information on how information is collected, used, or disclosed by PowerHouse SMART® in connection with your use of the Site, please consult our Privacy Policy which is incorporated into the Terms of Use by reference.
No other Agreements
The provisions and conditions of the Terms of Use constitute the entire agreement between you and PowerHouse SMART® related to the use of the Site and supersedes any prior agreements or understandings not incorporated in the Terms of Use are effective as of the Effective Date. Continued use of the Site by you after the Effective Date constitutes your acceptance of the Terms of Use after the Effective Date.
Member Responsibilities
PowerHouse SMART® builds valuable relationship and knowledge sharing opportunities between executive-level professionals and business owners. Our members have the highest standards of integrity, competence, effectiveness and responsiveness in the industry. PowerHouse SMART® fosters the environment necessary to grow current business, generate new business, build relationships, and spark collaboration for the benefit of all members.
PowerHouse SMART® membership. Upon completion/receipt of a Membership Request Agreement, you will be notified by email that that we have received your information. Please allow 36 hours for our reply.
Membership Request Agreement:
I value my membership in PowerHouse SMART®. I want all members of the PowerHouse SMART® community to benefit from their membership. To achieve this, I will adhere to the following:
Participation: I will meet and connect with fellow members.
Knowledge Source: I will share my knowledge and experience with fellow PowerHouse SMART®
Sharing: I will share new business opportunities with fellow members throughout the PowerHouse SMART® community.
Referrals: I will follow up with those members who refer new business to me and provide testimonials.
Growth: I commit to the continued success of PowerHouse SMART® by recruiting qualified new prospective members.
Integrity: I will promptly pay fees for services I utilize from any PowerHouse SMART® member.
Privacy: I will not sell or rent the PowerHouse SMART® membership list or send mass emails to members without their express permission.
I understand that if I breach any of these responsibilities of membership, my membership may be revoked immediately without reimbursement of any dues or fees previously remitted to PowerHouse SMART®.
I pledge to uphold the PowerHouse SMART® standards of integrity and acknowledge that I have read and agree to the Member Responsibilities.
Should you have any questions concerning the Terms of Use, or if you desire to contact PowerHouse SMART® for any reason, please contact: info@powerhousesmart.com.