| ELECTRONIC COMMUNICATIONS When you visit PowerCODE.net 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 in writing. COPYRIGHT All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of PowerCODE or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of PowerCODE and protected by U.S. and international copyright laws. All software used on this site is the property of PowerCODE or its software suppliers and protected by United States and international copyright laws. YOUR ACCOUNT If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use PowerCODE only with involvement of a parent or guardian. PowerCODE and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. PowerCODE reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant PowerCODE and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant PowerCODE and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify PowerCODE or its affiliates for all claims resulting from content you supply. PowerCODE has the right but not the obligation to monitor and edit or remove any activity or content. PowerCODE takes no responsibility and assumes no liability for any content posted by you or any third party. RISK OF LOSS All items purchased from PowerCODE are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. PRODUCT DESCRIPTIONS PowerCODE and its affiliates attempt to be as accurate as possible. However, PowerCODE does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by PowerCODE itself is not as described, your sole remedy is to return it in unused condition. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY POWERCODE ON AN "AS IS" AND "AS AVAILABLE" BASIS. POWERCODE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, POWERCODE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. POWERCODE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM POWERCODE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. POWERCODE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. APPLICABLE LAW By visiting PowerCODE, you agree that the laws of the state of Utah, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and PowerCODE or its affiliates. |