Terms of PowerVolt Group
Terms of Acceptance:
Please carefully read the following Terms (including all disclaimers)
before accessing the Website. By accessing the website through the World Wide Web or any
other medium, User accepts and agrees to all covenants and conditions imposed in this
Agreement.
PowerVolt Group reserves the right to modify these Terms at any time without notice
to User. Except as otherwise stated herein, any change in these Terms is effective
immediately upon User‘s receipt of notice from PowerVolt Group Notice can be given
through email, posting on the Website or any other means by which User may obtain notice.
User agrees to check the Website periodically for changes to these Terms. Any use of the
Site after changes have been made shall be deemed acceptance of those changed terms of use.
User is solely responsible for providing the equipment related to accessing the Website,
including all computers, Internet connection or other required software.
PowerVolt Group hereby grants to the User a non-exclusive, non-transferable license
to Access the content and information available at the Website according to the provisions
contained herein and adherence to these Terms.
Access to PowerVoltGroup.com:
PowerVolt Group provide access services to
WabashTransformer.com Website on a continuous basis. To that end, PowerVolt Group
will take all commercially reasonable efforts to provide uninterrupted Access to the Website
to its Users. However, from time to time, Visitors may be unable to access the Website due
to conditions beyond PowerVolt Group's control. Such conditions include, but are
not limited to: force majeure, acts of God, power outages, and the acts of computer hackers
and others acting outside the law. Also, from time to time, access may be unavailable due to
software issues, server downtime, increased Internet traffic or downtime, programming
errors, regular maintenance of the system, and other related reasons. In response to any
unavailability of the Website to its Users, PowerVolt Group will take all
commercially reasonable steps to ensure access is restored within a reasonable period of
time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable
efforts taken in good faith without an unduly or burdensome use or expenditure of time,
resources, personnel or money.
PowerVolt Group endeavors to provide the highest quality content to its Users. To
that end, PowerVolt Group reserves the right, in its sole discretion, to change,
modify, or discontinue any aspect or feature of this Website, including, without limitation,
the content, availability, access and/or the Terms of this Website, in whole or in part, or
to impose new conditions, including, without limitation, a modification of fees and charges
for use at any time. Such changes, modifications, additions or deletions will be effective
immediately upon notice thereof, which notice may be made by posting such changes on this
Website.
Prohibited Conduct:
- Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Website that in any way affects the use, enjoyment or service of the Website, or adversely affects PowerVolt Group's computers, servers or databases
- Engage in any action that PowerVolt Group determines is detrimental to others use and enjoyment of the website
- Capture, download, save, upload, or otherwise retain information and content available on the website other than what is expressly allowed by these Terms
- Permit or provide others access to the Website using your register User ID or password or otherwise
- Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, or adapt any of the software, information, text, graphics, media files, and documents, source code or HTML code, or other content available on the Website
- Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Website
- Transfer the Website content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Website content; or “deep link” to the Website content
- Violate or attempt to violate PowerVolt Group's security mechanisms, access any data or server you are not authorized to access; or otherwise breach the security of the Site or corrupt the Site in any way
- Engage in any other conduct that violates the Copyright Act or other laws of the United States
- Use any device or other means to harvest information about other Users
- Use the Website to violate a third party‘s intellectual property, personality, publicity or confidentiality rights
- Misrepresent your identity or personal information when accessing the Website
- Posting obscene, defamatory or illegal material on the Website
- In order to ensure that Users of the Website do not engage in Prohibited Conduct, Wabash Transformer, Inc. reserves the right to monitor use of the Website and reserves the right to revoke or deny access to the Website to any person or entity whose use of the WabashTransformer.com Prohibited Conduct. Access of the materials available at the Website beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the Website and will result in revocation or denial of access to services of Website. Solely PowerVolt Group shall determine the terms “normal patterns” and “abuse”
Warranties:
Although PowerVolt Group has attempted to provide accurate information on the Website; it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timelines or completeness of that information and assumes no responsibility for any errors or omissions therein.
Disclaimer and Limitation to Liabilities:
User accesses this Website at his or her own risk. The Website is
provided on an “as is”, “as available” basis without warranty of any kind (Beyond the
warranties set forth in Section ‘Warranties’), expressed or implied, and any and all
warranties of merchantability or fitness for a particular purpose or non-infringement of
third parties rights are specifically disclaimed.
PowerVolt Group does not warrant any particular result from use of the Website.
PowerVolt Group does not warrant that the information on the Website is accurate,
complete or complies with any particular law or regulation. Under no circumstances and under
no legal theory, tort, contract, or otherwise, shall PowerVolt Group or any of its
affiliates, agents, employees, shareholders, directors, officers, third party content
providers or assigns be liable to you or any other person for any indirect, special,
incidental, punitive or consequential damages for loss of goodwill, work stoppage, computer
failure or malfunction, loss of data, loss of productivity or contract, or any and all other
commercial damages or losses. Your as a user of this Website is at your risk and any content
that you download is downloaded or viewed at your own discretion and risk, and you are
solely responsible for any damage to your computer system, and for any loss of data that
results from the download or view of any such content, including any damages resulting from
computer viruses. In no event will PowerVolt Group will be liable for any damages.
Even if PowerVolt Group shall have been informed of the possibility of such
damages, or for any claim by any other user, in no event will warranties provided by law, if
any, apply unless they are required to apply statute notwithstanding their exclusion by
contract. This disclaimer is applicable to any damage or injury resulting from negligence or
omission of PowerVolt Group, computer viruses or other similar item,
telecommunications, errors, or unauthorized access to or use of user information through
theft or any other means. PowerVolt Group is not liable for criminal, tortuous, or
negligent actions or omissions of third parties that affect this Website.
No dealer, distributor, representative, agent, or employee of PowerVolt Group is
authorized to make any modifications, extension, or additions to these limited warranties or
disclaimers.
The laws of your jurisdiction may prohibit of modify the foregoing disclaimers and
limitations on damages, and such disclaimers or limitations on damages may not apply to you.
Third Party Content:
You acknowledge that PowerVolt Group does not pre-screen
third party materials. The Website may contain links and references to other third party
websites and materials. PowerVolt Group does not assume any responsibility for
these websites or materials and provides these links or materials solely for the convenience
of users. PowerVolt Group does not endorse or otherwise recommend any of these
third party websites, references, or the products, services, or information there offered.
PowerVolt Group reserves the right to terminate any link or remove any reference
found on the Website at any time.
PowerVolt Group makes no warranty, either expressed or implied, of the accuracy,
merchantability or fitness for a particular purpose of the information provided by third
parties.
This includes, but is not limited to; any information found a link located in this Website
that allows users to access information found on another Website. Additionally, Wabash
Transformer, Inc. does not warrant the existence or functionality of any Website that can be
accessed through a link located on this Website. Copyrights, Trademarks and Other
Proprietary Rights:
PowerVolt Group shall retain all worldwide rights in the intellectual property of
the Website, including, but not limited to, trademarks, service marks, trade dress,
inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the
Website, its color combinations, layout, and all other graphical elements, and the copyright
in and to its original content. You should assume that everything You read or see on the
Website is copyrighted, trademarked, or otherwise protected and owned or licensed by Wabash
Transformer, Inc. Except as expressly stated on the Website or in these Terms, nothing that
You read or see on the Website may be copied, reproduced, modified, distributed,
transmitted, republished, displayed or performed for commercial use without the prior
written consent of PowerVolt Group, except as provided in these Terms.
Security:
Users are prohibited from violating or attempting to violate the security of the Website. PowerVolt Group will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Users are required to register, and login with a Email ID and password to access the content, materials hosted in the Website. In order to protect against unauthorized access to your account, it is recommended that you close the browser when you have finished using the Website. If you use the Website, you do so at your own risk. You are responsible for maintaining the secrecy of your login and password.
Termination of Agreement:
In addition to PowerVolt Group‘s other rights, it may
terminate this Terms of Use Agreement at any time and at its sole and absolute discretion.
PowerVolt Group may also terminate access to the Website or cancel registrations,
access to the contents in the Website without notice if it believes, in its sole judgment,
that you have breached or may breach any term or condition of this agreement, or engaged in
conduct that PowerVolt Group deems inappropriate, for its convenience or for any
other reason.
In the event of termination of this agreement, the provisions in this section and the
provisions found in other sections shall survive.
Terms Statement:
PowerVolt Group values your trust and terms. In order to honor that PowerVolt Group‘s employees are required to adhere to high ethical standards in gathering, using, and safeguarding any information you provide. Personal information is gathered only when users make voluntarily online submissions of such information or voluntarily on registration. PowerVolt Group gathers only user information that is needed to administer its business and enhance and improve its services.
Miscellaneous:
These Terms constitute the entire agreement between Wabash Transformer, Inc. and user regarding the subject matter hereof. Any previous agreement, whether oral or written, between PowerVolt Group and user dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms shall continue in full force and effect. Upon user‘s breach or threatened breach of these terms, PowerVolt Group may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. PowerVolt Group‘s remedies are cumulative and not exclusive. Failure of PowerVolt Group to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the agreement at any time thereafter. By accessing the Website, the user signs and accepts this shortening of the statutes of limitations. Wabash Transformer, Inc. makes no representation that the content of the Website is appropriate or available for use in all locations. PowerVolt Group operates this Website from the United States and makes no representation that the Website complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Website. You may not assign your rights or delegate your duties under these Terms. The user and PowerVolt Group agree that no third party is an intended beneficiary of these Terms.
Governing Law and Dispute Resolution:
These Terms and any claim, action related to or those arising from these Terms shall be governed by the law of State of Iowa, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between you and PowerVolt Group shall be finally resolved through binding arbitration in State of Iowa. The arbitration shall be conducted by a single arbitrator who is a retired judge. You and PowerVolt Group shall conduct discovery as agreed upon or as permitted by the arbitrator. Each may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Both consents to the exclusive jurisdiction and venue of the Iowa Superior Court, County of Clarence, for any equitable claim or action related to or arising from these Terms.