TERMS OF USE

Updated: August 1, 2015

Welcome to the MPOWERD Inc. website (www.mpowerd.com) (each website where this Terms of Use is posted referred to as the “Website”).  This Terms of Use (this “ToU”) describes the terms and conditions applicable to your access and use of the Website and the web store (the “Web Store”) that sells MPOWERD’s micro powered consumer products (the “Products”), participation in any of our contests and sweepstakes, and any other service, made available through or in connection with the Website (collectively, the “Service”).  This ToU sets forth the terms and conditions under which access to the Website and the Service is provided to you by MPOWERD Inc. (“MPOWERD”, “we”, or “us”).

MPOWERD may amend this ToU at any time by posting the amended ToU on the Website, and you agree that you will be bound by any changes to this ToU. For your convenience, the date of last revision is included at the top of this page. MPOWERD may make changes to the Website and/or the Service at any time. You understand that MPOWERD may discontinue or restrict your use of the Website and/or Service for any reason or no reason with or without notice.

YOUR USE OF THE WEBSITE SIGNIFIES THAT YOU AGREE TO THIS TOU AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS TOU, INCLUDING ANY MODIFICATIONS THAT MPOWERD MAKES FROM TIME TO TIME.

1. PRIVACY POLICY

By using the Website or the Service, you represent that you have read and consent to our Privacy Policy in addition to this ToU.  MPOWERD may revise the Privacy Policy at any time, and the new versions will be available on the Website. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Website and/or Service.

2. REQUIREMENTS

Before using the Website or the Service, you must agree to this ToU and the Privacy Policy, which you will be deemed to have done by utilizing the Service. These requirements may change as the Service evolves. You are responsible for any Internet connection fees or telecommunication fees that you incur when accessing the Service.

3. TOU UPDATES

MPOWERD will revise this ToU as the Website and/or Service evolves.  By using the Website and/or Service, you agree to the then-current version of this ToU as posted on the Website. If at any point you do not agree to any portion of the then-current version of this ToU, you must immediately stop using the Website and/or Service.

4. TERMINATION OF SERVICE

MPOWERD reserves the right to deny service to any person at MPOWERD’ sole and absolute discretion. The Service is offered with the understanding that MPOWERD may terminate your access to the Service at any time, for any reason or no reason, including without limitation for any violation of this ToU. MPOWERD may stop offering and/or supporting the Service or any portion thereof at any time.

5. ORDERS AND PAYMENT TERMS

  • After you place an order we will review the information you provided for validity by verifying your method of payment, billing and/or shipping address. Orders may not be accepted for delivery to certain addresses and territories based upon your location. We may contact you (via email or phone) if additional information is required to accept your order. Invalid order information will result in delays processing your order. For Product purchases, your receipt of an order confirmation does not constitute MPOWERD’ acceptance of your order. Without prior notification, MPOWERD maintains the right to limit the Product order quantity and the right to refuse to sell Products to any customer for any reason or no reason at all. MPOWERD reserves the right not to sell to resellers. If your order is canceled, we will attempt to notify you using the e-mail address you have given us with the order. You will not be charged if your order is canceled. If your payment method has already been charged for an order that is later canceled, MPOWERD will issue you a refund.
  • MPOWERD does sell products through its Web Store for children, but only to adults, who can purchase with a credit card or other permitted payment method as described above.
  • We accept various payment methods for Product purchases through our Web Store, including various credit cards and debit cards. We will bill your payment method when you place an order for a Product through the Service. MPOWERD will not fulfill any Product order without authorization validation of your purchase from your payment method.
  • You acknowledge and agree that any offers made available through the Service are subject to change at any time and from time to time. Additionally, we have endeavored to be as accurate as possible in describing and displaying the features of the Products made available for purchase through the Service; however, there is no warranty or guarantee that the product descriptions is accurate, complete, reliable, current, or error-free.
  • We will ship the Products you purchase via the shipping method of our choice, on such other terms and conditions (such as applicable shipping and handling fees) that we may disclose to you at the time of your purchase. We do not guarantee the services of any shipping service, and delivery dates and times are not guaranteed. We will however endeavor to dispatch the Product to you as soon as possible after you place your order. During busy times, such as holiday periods, and periods of inclement weather, there can be additional processing and shipping delays. If there is a problem with a delivery, including, but not limited to, damage, loss or late delivery, you can contact MPOWERD Consumer Support to resolve the issue. You agree not to hold MPOWERD liable for any shipping issues. Most package carriers have a short time frame in which to initiate claims. We recommend that you inspect your package for damage immediately upon arrival. If there is a problem, contact the delivery service immediately to resolve any problems. Unless otherwise provided by notice from MPOWERD, all merchandise is shipped F.O.B. from any place we designate the merchandise to leave.  At our discretion, we may choose to halt, or alter, the delivery of an order, even though it is in the hands of a delivery agent or shipping company. We may do this as a customer service or in cases where we suspect fraud. You agree to pay any additional charges that may arise due to circumstances in which we take this action.
  • Products purchased from the Website are easily returned in accordance with our Return Policy.  You can return such items by contacting us at +1 844-MPOWERD ext. 3in the United States or by visiting support.
  • Please note that you will be responsible for the costs of returning the Products to us.

6. RESTRICTIONS AND CONDITIONS OF USE

Use of Website and Service.

MPOWERD permits you to view and use a single copy of the Website solely for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Website. MPOWERD reserves the right to add or remove information, content or Services from the Website at any time at its sole discretion.

No Violation of Laws.

You agree that you will not, in connection with your use of the Website or the Service, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Website and/or Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).

Misuse of Website and/or Service.

You may not connect to or use the Website and/or Service in any way not expressly permitted by this ToU. Without limiting the foregoing, you agree that you will not: (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Website and/or Service or otherwise attempt to disrupt the Website and/or Service or any other person’s use of the Website and/or Service; or (b) attempt to gain unauthorized access to the Website, Service, or the computer systems or networks connected to the Website and/or Service. Furthermore, you may not use the Website or Service to develop, generate, transmit or store information that: (i) is defamatory, harmful, abusive, obscene or hateful; (ii) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Website and/or Service; (iii) performs any unsolicited commercial communication not permitted by applicable law; (iv) constitutes harassment or a violation of privacy or threatens other people or groups of people; (v) is harmful to children in any manner; (vi) violates any applicable law, regulation or ordinance; (vii) makes any false, misleading or deceptive statement or representation regarding MPOWERD and/or the Service; or (viii) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).

No Commercial Uses.

You agree that you will not use the Website or the Service for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Website or Service.

No Data Mining or Harmful Code.

You agree that you will not (a) obtain or attempt to obtain any information from the Service; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble the Website or the Service.

Mobile Devices.

The Website and Service contain services and features that are available to or through certain mobile devices. Your carrier’s normal rates and fees apply. We do not guarantee that any or all Services will work with or be accessible through all carriers or devices.

7. LINKS

Links from the Website.

The Website may contain links to Websites operated by other parties. MPOWERD provides these links to other Websites as a convenience, and use of these Websites is at your own risk. The linked Websites are not under the control of MPOWERD, and MPOWERD is not responsible for the content available on the other Websites. Such links do not imply MPOWERD’ endorsement of information or material on any other Website and MPOWERD disclaims all liability with regard to your access to and use of such linked Websites.

Links to the Website.

Unless otherwise set forth in a written agreement between you and MPOWERD, you must adhere to MPOWERD’ linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with MPOWERD’ and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with MPOWERD, (iii) when selected by a user, the link must display the Website on full-screen and not within a “frame” on the linking Website, and (iv) MPOWERD reserves the right to revoke its consent to the link at any time and in its sole discretion.

8. SOCIAL NETWORKS

Your access and use of third party social networking websites and the services provided through those websites are governed by the terms of service and other agreements posted on those websites. YOU AGREE THAT YOU ALONE ARE RESPONSIBLE FOR YOUR USE OF THE SOCIAL NETWORK FEATURES AND THAT MPOWERD WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR YOUR VIOLATION OR BREACH OF ANY TERMS OF SERVICE OR OTHER AGREEMENT THAT MAY RESULT FROM YOUR USE OF THE SOCIAL NETWORK FEATURES.

9. INTELLECTUAL PROPERTY

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website. Without express written consent from MPOWERD, you may only use the contents of the Website for personal and non-commercial use and only without altering or removing any trademark, copyright or other notice from any applicable material.

10. LOCATION

MPOWERD administers and operates the Website from the United States; other MPOWERD Websites may be administered and operated from various locations outside the United States. Although the Website is accessible in many territories throughout the world, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. MPOWERD reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Website is void where prohibited. If you choose to access the Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

11. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. MPOWERD MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE WEBSITE OR THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. MPOWERD DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Because some states, territories and/or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

12. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MPOWERD, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, PRODUCTS AND/OR SERVICE, EVEN IF MPOWERD AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF MPOWERD OR ANY OF THE RELATED PARTIES EXCEED THE LESSER OF (I) US$100.00 OR (II) THE AMOUNT YOU PAID US FOR OUR PRODUCTS PURCHASED THROUGH THE WEBSITE DURING THE SIX (6) MONTHS PRIOR OT THE TIME THE CAUSE OF ACTION GIVING RISE TO THE LIABILITY AROSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MPOWERD WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY LOSS, LIABILITY, EXPENSES OR DAMAGES INCURRED IN CONNECTION WITH THE SERVICE OR THE PURCHASE OF PRODUCTS, TO THE EXTENT CAUSED BY OR RESULTING FROM (1) YOUR ACTS, DEFAULTS OR OMISSIONS; (2) YOUR VIOLATION OF ANY TERM, CONDITION, REPRESENTATION OR WARRANTY CONTAINED IN THIS TOU; (3) YOUR FAILURE TO PROVIDE AN ACCURATE SHIPPING ADDRESS OR OTHER INFORMATION THAT YOU ARE ASKED TO PROVIDE IN CONNECTION WITH THE SALE OF THE PRODUCTS; (4) ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING THIRD PARTIES CONTRACTED BY MPOWERD; OR (5) NONDELIVERY, MISDELIVERY OR LATE DELIVERY OF PRODUCTS OR PRODUCTS LOST OR DAMAGED IN SHIPMENT.

WE DO NOT IN ANY WAY EXCLUDE OR LIMIT OUR LIABILTY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; OR (B) FRAUD OR FRAUDULENT MISREPRESENTATION, OR EXCLUDE OR LIMIT ANY LIABILTY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

Because some states, territories and/or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states, territories and/or jurisdictions, the liability of MPOWERD and its affiliates shall be limited to the fullest extent permitted by law.

13. INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify, defend and hold MPOWERD and the Related Parties harmless from any and all claims, demands, damages or other losses, including reasonable attorneys’ fees, resulting from or arising out of your use of the Website and/or the Service, your negligent or intentional misuse of the Products or any breach by you of this ToU or any other policies that MPOWERD may issue for the Website and/or Service from time to time.

14. GOVERNING LAW; JURISDICTION

You agree that all matters relating to your access to or use of the Website and/or Service, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York without regard to its conflicts of laws provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to the personal jurisdiction by and venue in the state and federal courts in New York, New York, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based outside the United States. If you are a consumer based outside the United States, nothing in these terms will derogate from any rights you may have under existing consumer protection legislation or other applicable laws in your jurisdiction, including any right you may have to bring a claim in the courts of the country where you reside. Any claim under this ToU must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods such as Products are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between MPOWERD and you arising out of or in connection with your use of the Website and/or Service, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

15. GENERAL

ToU Revisions.

This ToU may only be revised in a writing signed by MPOWERD, or published by MPOWERD on the Website.

No Partnership.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and MPOWERD as a result of this ToU or your use of the Service.

Assignment.

MPOWERD may assign this ToU, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the ToU without MPOWERD’ prior written consent, and any unauthorized assignment by you shall be null and void.

Severability.

If any part of this ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.

Attorneys’ Fees.

In the event any litigation or mediation is brought by either party in connection with this ToU, the prevailing party shall be entitled to recover, to the maximum extent permitted by law, from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.

No Waiver.

Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Notices.

All notices given by you or required under this ToU shall be in writing and addressed to: (in the United States) MPOWERD Inc. 231 West 29th Street, Suite 1105, New York, NY 10001 ATTN: Legal Department.

Equitable Remedies.

You hereby agree that MPOWERD would be irreparably damaged if the terms of this ToU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToU, in addition to such other remedies as we may otherwise have available to us under applicable laws.

Entire Agreement.

This ToU, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Website and/or Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Website and/or Service.