Terms of Service
OVERVIEW
This website is owned and operated by POWLAND. As used throughout this site, the terms “we,” “us,” and “our” refer to POWLAND. POWLAND provides this website—including all information, tools, and services available through it—to you, the user, on the condition that you accept all of the terms, conditions, policies, and notices stated herein.
Your use of our website and/or your purchase of any product constitutes your acceptance of our “Service” and your agreement to be bound by these Terms of Service (the “Terms”), together with any additional terms, conditions, and policies incorporated herein by reference or available via hyperlink. These Terms apply to all users of the site, including, without limitation, browsers, vendors, customers, merchants, and contributors of content.
Please review these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you acknowledge and agree to be bound by these Terms. If you do not agree to all of the terms and conditions set forth herein, you are not permitted to access the website or use any of our services. If these Terms are deemed an offer, acceptance is expressly limited to these Terms.
Any new features or tools added to the current store will also be governed by these Terms of Service. The most current version of the Terms is always available on this page. We reserve the right to update, change, or replace any part of these Terms by posting revisions on our website. You are responsible for reviewing this page regularly for changes. By continuing to access or use the website after any changes are posted, you accept those changes.
Our store is hosted on SHOPLINE Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You agree not to use our products for any unlawful or unauthorized purpose, nor to violate any laws in your jurisdiction (including, without limitation, copyright laws) while using the Service.
You are prohibited from transmitting any worms, viruses, or other code of a destructive nature. Any breach of these Terms will result in immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to decline service to any individual for any reason, at any time. You acknowledge that your content (excluding credit card information) may be transmitted without encryption and may be subject to (a) transfers across various networks; and (b) modifications to conform and adapt to the technical requirements of connecting networks or devices.
Credit card information remains encrypted at all times when transmitted over networks. You agree that, without our express written authorization, you will not reproduce, duplicate, copy, sell, resell, or otherwise exploit any part of the Service, any use of the Service, any access to the Service, or any contact information on the website through which the Service is made available.
The headings in this agreement are provided for convenience only and shall not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We do not warrant that the information provided on this site is accurate, complete, or current. The content is offered for general informational purposes only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, or more timely sources. Any reliance on the material on this site is at your own risk.
This site may contain historical information, which is provided for reference purposes only and may not be current. We reserve the right to modify the contents of this site at any time, but are under no obligation to update any information contained herein.
You acknowledge that it is your responsibility to monitor any changes to this site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Product prices are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services are available exclusively through our website. These may be offered in limited quantities and are subject to return or exchange only in accordance with our Return Policy.
We strive to display our product colors and images as accurately as possible. However, we cannot guarantee that your monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sale of our products or Services to any person, geographic region, or jurisdiction, and may exercise this right on a case-by-case basis. We also reserve the right to restrict the quantities of any products or services we offer. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We may discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order placed with us. At our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. Such restrictions may apply to orders placed under the same customer account, the same credit card, or the same billing and/or shipping address. Should we modify or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided at the time of purchase. We also reserve the right, in our sole judgment, to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all transactions made through our store. You further agree to promptly update your account and any related information—including your email address, credit card numbers, and expiration dates—so that we may complete your transactions and contact you as necessary.
For more details, please refer to our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools over which we have no control, input, or oversight.
You acknowledge and agree that such tools are provided on an “as is” and “as available” basis, without any warranties, representations, or conditions of any kind, and without endorsement. We shall not be liable for any matters arising from or relating to your use of these optional third-party tools.
Any use of optional tools offered through the site is at your sole risk and discretion, and you should ensure you are familiar with and agree to the terms provided by the relevant third-party provider(s).
We may also introduce new services and/or features through the website in the future (including new tools and resources). Such new features and/or services will also be governed by these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Our Service may provide access to certain content, products, or services offered by third parties.
Any links to third-party websites are provided for your convenience and do not imply affiliation with us. We do not review or endorse the content or accuracy of such websites, nor do we assume any responsibility or liability for third-party materials, websites, or any other third-party products or services.
We are not responsible for any harm or damages resulting from the purchase or use of goods, services, resources, content, or any other transactions conducted on third-party websites. Before engaging in any transaction, please carefully review the policies and practices of the third party. Any complaints, claims, or questions regarding third-party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are under no obligation to: (1) maintain the confidentiality of any comments; (2) provide compensation for any comments; or (3) respond to any comments.
While we may, at our sole discretion, monitor, edit, or remove content we deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service, we are not obligated to do so.
You represent and warrant that your comments will not infringe upon any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous, unlawful, abusive, or obscene material, nor any computer virus or malware that could affect the operation of the Service or any related website. You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of any comments. You are solely responsible for any comments you submit and their accuracy. We assume no responsibility or liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
The personal information you submit through the Store is governed by our Privacy Policy. Please review our Privacy Policy. We do not freely collect use and distribute your personal information, except to process matters related to orders.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
Unless required by law, we are not obligated to update, amend, or clarify any information on our site or related services—including pricing. The presence of an update or refresh date on any page should not be taken as an indication that all information has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to the restrictions outlined in the Terms of Service, you are prohibited from using the site or its content for any of the following purposes:
(a) engaging in any unlawful activity;
(b) soliciting others to engage in unlawful acts;
(c) violating any international, federal, provincial, or local laws or regulations;
(d) infringing upon our intellectual property rights or those of any third party;
(e) harassing, abusing, insulting, harming, defaming, disparaging, intimidating, or engaging in discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) submitting false or misleading information;
(g) uploading or transmitting viruses or any form of malicious code that may impair the functionality or operation of the Service, any related website, or the Internet;
(h) collecting or tracking the personal information of others;
(i) engaging in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping;
(j) pursuing any obscene or immoral purpose; or
(k) interfering with or circumventing the security features of the Service, any related website, or the Internet.
We reserve the right to terminate your access to the Service or any related website if you violate any of these prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Disclaimer of Warranties
We do not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free, nor do we warrant that any results obtained from using the service will be accurate or reliable.
You acknowledge that we may, at our discretion, suspend or discontinue the service at any time without prior notice.
You expressly agree that your use of—or inability to use—the service is entirely at your own risk. Unless otherwise expressly stated by us, the service and all products provided through it are made available on an “as is” and “as available” basis, without any representations, warranties, or conditions of any kind, whether express or implied. This includes, but is not limited to, implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Limitation of Liability
To the fullest extent permitted by law, POWLAND and our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether arising from contract, tort (including negligence), strict liability, or otherwise.
Such liability shall apply in connection with your use of the service or any products obtained through the service, as well as any other claims related to your use of the service or any product—including, but not limited to, errors or omissions in any content, or any loss or damage incurred as a result of using the service or any content (or product) posted, transmitted, or otherwise made available through the service, even if you have been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless POWLAND and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from and against any and all claims or demands, including reasonable attorneys’ fees, arising out of or relating to your breach of these Terms of Service or any documents incorporated by reference, or your violation of any law or the rights of any third party.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be severed from these Terms. Such finding shall not affect the validity or enforceability of the remaining provisions.
SECTION 16 - TERMINATION
These Terms of Service shall remain in effect unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or by discontinuing your use of our site. If, in our sole discretion, you fail to comply with any term or provision of these Terms of Service, or if we suspect such failure, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; we may accordingly deny you access to our Services (or any part thereof). Any obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this agreement for all purposes.
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service, together with any policies or operating rules we post on this site or in connection with the Service, constitute the entire agreement and understanding between you and us. They govern your use of the Service and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including, without limitation, any prior versions of these Terms of Service. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 19 - CONTACT INFORMATION
Questions about the Terms of Service please contact us as
Email: josie@powland.net
Company: us.powland.net
