Last updated: March 1, 2023
Introduction
Welcome to Power Reels!
These Terms and Conditions (“Terms”) form a legally binding agreement between you and Power Reels regarding your use of our website, products, and services. Please read them carefully.
By accessing or using the Website or purchasing our Products, you agree to these Terms. If you do not agree to these Terms, please do not use this Website or purchase our Products.
Key Points
- You must be at least 18 years old or have parental consent to use this Website or purchase our Products.
- We grant you a limited, revocable, non-exclusive, non-transferable license to use our Website and purchase our Products subject to these Terms.
- We may make changes to these Terms and our Products at any time. Your continued use signifies acceptance of those changes.
- You are solely responsible for your account, content, taxes, shipping, and all use of this Website and our Products.
- All sales are final – no refunds or exchanges except where required by law.
You are legally and financially responsible for your use of this Website and any purchase from us.
Definitions
“Company” means Power Reels and its owners, directors, employees, agents, independent contractors, and licensees.
“Content” means any content, writing, images, audio, video, or other media published on the Website.
“Product” means any product offered for sale on the Website.
“Website” means powerreels.shop and all related domains, subdomains, and mobile applications.
“You” means the individual accessing the Website or purchasing our Products.
Use of the Website
License: Subject to your complete compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable license to:
- Access and use the Website on your personal device(s) strictly in accordance with these Terms; and
- Access any Content and Products made available on the Website.
Restrictions: You agree that you will not:
- Use the Website or Products for any illegal, immoral, or unauthorized purpose;
- Modify, copy, distribute, sell, transfer, license, reverse engineer, decompile, or disassemble any portion of the Website or Products;
- Collect or harvest any data or content from the Website;
- Use bots, spiders, scrapers, or other automated methods to access, collect data from, or otherwise interact with the Website;
- Register for more than one account or impersonate another person;
- Post or transmit any malicious code, spam, or unwanted advertising through the Website;
- Falsely state or misrepresent your affiliation with any person or organization;
- Violate any law, regulation, right of privacy, moral right, or infringe upon any patent, trademark, trade secret, copyright, or other intellectual property right;
- Transmit or upload any harmful, fraudulent, defamatory, obscene, indecent, offensive, pornographic, or profane material;
- Harass, threaten, embarrass, or cause distress to another person; or
- Violate the letter or spirit of these Terms.
Any use of the Website or Content in violation of these restrictions may result in immediate termination of your license to access and use the Website.
Accounts
In order to purchase Products or access certain features, you may need to register an account. When creating an account, you agree to:
- Provide accurate, current and complete account information;
- Maintain and promptly update your information;
- Maintain the security and confidentiality of your login credentials;
- Promptly notify the Company if you discover or suspect any unauthorized use of your account; and
- Take full responsibility for all activities that occur under your account.
One account per person. You are prohibited from selling, trading or transferring your account to any other person.
The Company reserves the right to terminate any account at any time for any reason. Accounts terminated by the Company for any reason will result in the forfeiture and termination of your license to access the Website.
Purchasing Products
Order Process: By completing an order for Products through the Website checkout process, you are offering to purchase those Products from the Company. All orders are subject to acceptance or rejection by the Company, in its sole discretion. We will confirm receipt of your order and process payment upon order acceptance.
Prices: All prices are listed in U.S. dollars and do not include taxes or shipping charges unless otherwise stated. We reserve the right to change prices at any time but will not affect orders already accepted.
Shipping: Shipping fees will be disclosed during checkout and added to your total amount due. You assume all shipping risks once Products are delivered to the carrier. We will attempt to ship Products within the time estimates provided, but cannot guarantee shipping times. We ship only to the address submitted during the checkout process which must be accurate and complete.
Taxes: You are responsible for any taxes arising from the purchase or use of Products (sales tax, goods and services tax, value added tax, etc). If you are exempt from taxes, you must provide us with a valid tax exemption certificate.
Promotions: Promotional codes, discounts, and similar promotions are limited time offers that may be modified or revoked by the Company at any time without notice. Promotional codes are single use only unless otherwise stated.
Payments: We accept payment methods described on the checkout page. You represent that you are authorized to use the payment method tendered. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.
Returns: No refunds or exchanges will be provided except where required by law. Please choose your Products carefully as all sales are final. If you receive a defective or damaged Product, please contact the Company within 5 days of receipt to arrange a replacement.
Risk of Loss: All Products are shipped at your risk. We are not liable for delay, failure to deliver, damage during shipment, or mis-delivery.
Intellectual Property
Ownership: The Website and its Content are owned by the Company and our licensors, and protected by copyright, trademark, and other intellectual property rights. You do not acquire any ownership rights by using the Website or purchasing Products.
Trademarks: “Power Reels” and associated logos and names are our trademarks. You may not use, copy, imitate or use confusingly similar marks without our prior written consent.
User Content: We claim no ownership rights over User Content you post or transmit through the Website. However, by posting or transmitting User Content, you grant the Company and our affiliates a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, distribute, prepare derivative works based upon, publicly display, and publish your User Content in connection with operating and providing the Website and related services.
Proprietary Rights: You acknowledge and agree that the Website and Products contain proprietary and confidential information that is protected by applicable intellectual property rights and laws. Except as expressly authorized, you will not copy, rent, lease, sell, distribute, transfer, host, or sublicense the Website or Products or decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website.
Disclaimers and Limitations
Medical Disclaimer: The Website and Products are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Please consult a physician before using our Products, particularly if pregnant, nursing, taking medication, or have a medical condition.
No Warranties: THE WEBSITE AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION PROVIDED BY THE COMPANY OR ITS REPRESENTATIVES WILL CREATE A REPRESENTATION OR WARRANTY.
Links to Third Parties: Links and references to third party websites or resources are provided for your convenience only. We do not endorse or make any representations about third party resources. If you choose to access third party resources, you do so at your own risk.
Limitation of Liability: IN NO EVENT WILL THE COMPANY, ITS OWNERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE OR PRODUCTS, INCLUDING LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR PRODUCTS IS TO CEASE ALL OF YOUR USE OF THE WEBSITE AND PRODUCTS. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE OR PRODUCTS EXCEED THE FEES YOU PAID TO THE COMPANY OVER THE PAST YEAR, OR $100, WHICHEVER IS LESS. THE FOREGOING LIMITATIONS APPLY TO ANY NEGLIGENCE, STRICT LIABILITY OR OTHER FAULT OR RESPONSIBILITY BY THE COMPANY.
Indemnification
You agree to fully indemnify, defend and hold harmless the Company and our parents, subsidiaries, affiliates, successors or assigns, and our and their officers, directors, agents, contractors, partners, employees and representatives from any claim, damage, loss, liability, cost and expense (including reasonable attorneys’ fees) arising from or related to your use of the Website or Products, violation of these Terms, violation of any law or regulation, or violation of any third party right.
Modifications
We reserve the right to modify or replace these Terms at any time for any reason. Your continued use of Website or Products after any modification signifies acceptance of the revised Terms. If you do not agree to the revised Terms, please immediately cease use of the Website and Products.
Termination and Account Deletion
We reserve the right, with or without notice, for any or no reason to:
- Terminate your license to use the Website and delete or deactivate your account;
- Suspend, limit or terminate your access to the Website;
- Reject, move or remove any Content that violates these Terms; and
- Take any legal and technical remedies to prevent violations of these Terms.
Accounts terminated by the Company will result in the forfeiture and relinquishment of all Content, Products, and license rights associated with the account.
Arbitration and Dispute Resolution
You and the Company agree to make good faith efforts to informally resolve any dispute arising between us related to your use of the Website or Products. If we cannot reach an informal resolution within 30 days, then you agree to binding individual arbitration before the American Arbitration Association (“AAA”). The arbitration will occur in Nashville, Tennessee and be subject to the AAA Consumer Arbitration Rules. The arbitration must proceed solely on an individual basis without the right for any claims to be arbitrated on a class action, multiple plaintiff, or consolidated basis. The arbitrator may not consolidate or join multiple claims together without the express written consent of all parties, and cannot otherwise preside over any form of a representative, joint, collective, or class proceeding. The arbitrator may award equitable relief and damages to the prevailing party but may not award consequential, punitive, exemplary, special or enhanced damages. This arbitration provision will survive termination of your account or the Terms. You may elect to pursue your claim in small claims court rather than arbitration if the dispute qualifies for small claims court jurisdiction.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute solely between us and waive your right to participate as a plaintiff, lead plaintiff, class member or class representative in any class action lawsuit against us.
Governing Law
These Terms shall be governed by the laws of the State of Tennessee without regard to conflict of law principles. Any disputes not subject to the Arbitration clause shall be resolved by binding litigation in the state or federal courts in Davidson County, Tennessee.
Severability
If any provision of these Terms is found unenforceable or invalid, it will not affect the enforceability or validity of the remaining provisions. Any unenforceable or invalid provisions will be modified to the extent necessary to make them enforceable and valid.
Assignment
You may not assign, sub-license or transfer your rights under these Terms to any third party. The Company may freely assign its rights without notice or consent from you.
Survival
The provisions of these Terms regarding ownership, limitations of liability, indemnification, arbitration and waiver of class actions will survive termination.
Entire Agreement
These Terms constitute the entire agreement between you and the Company regarding the use of the Website and Products. These Terms supersede any prior agreements or communications. Our failure to exercise or enforce any rights does not constitute a waiver of such rights.
Contact
Please contact us at [email protected] with any questions regarding these Terms.
By using this Website or purchasing our Products, you affirm that you are at least 18 years old, and agree to be bound by these Terms.