Terms and Conditions

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (this “Site”). By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site.

Copyrights and Tradmarks

The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of iPowerUp. The collective work includes works that are licensed to iPowerUp. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated or distributed in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without iPowerUps express prior written consent.

All trademarks, service marks, and trade names are trademarks or registered trademarks of iPowerUp.

You may use information on iPowerUps products and services purposely made available by iPowerUp for downloading from the Site, provided that you not remove any proprietary notice language in all copies of such documents, use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, make no modifications to any such information, and not make any additional representations or warranties relating to such documents without the express prior authorization from iPowerUp.

Links to Third-Parties

There may be independent third-party Web sites (“Linked Sites”) attached to iPowerUp.net. These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under iPowerUps control, and iPowerUp cannot be responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. However iPowerUp requests feedback on its own Site as well as Linked Sites (including if a Link does not work), to better enhance our customers experience.

Disclaimer

All the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. iPowerUp does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results, or that this Site or the server that makes the Site available are free of viruses or other harmful components. iPowerUp disclaims all warranties, express or implied, including and warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. You assume total responsibility for your use of the Site and any Linked Sites. The sole remedy to dissatisfaction with iPowerUp or its Site is to stop using the Site.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, omission, error, interruption, defect, deletion, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, negligence, tort, or any other cause of action.

Limitation of Liability

In no event shall iPowerUp be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if iPowerUp has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, products, and materials available from this Site. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that an iPowerUp product is mistakenly listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, iPowerUp shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. iPowerUp shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, iPowerUp shall issue a credit to your credit card account in the amount of the incorrect price.

Governing Law and Dispute Resolution

By using this site you agree that all matters relating to your access and or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of iPowerUp products) shall be in the state or federal courts located in California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of iPowerUp products) must commence within one (1) year after the claim or cause of action arises. iPowerUps failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right.

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 iPowerUp and you arising out of or in connection with your use of the Site, 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. iPowerUp will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. iPowerUp’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by iPowerUp of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between iPowerUp and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. If any of the aforementioned policies are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such policy shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the policy, so that the policies shall remain in full force and effect.

 Use of Site

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with iPowerUp or to purchase iPowerUps products.

You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software or products obtained from the iPowerUp Web Site without authorization from iPowerUp.

Harassment in any manner or form on the Site, including via e-mail and chat or by obscene or abusive language is strictly prohibited. Impersonation of others, including an iPowerUp employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

User Participation

iPowerUp does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. By using this Site you acknowledge that by providing you with the ability to view and distribute user generated content on the Site, iPowerUp is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, iPowerUp reserves the right to block or remove communications or materials that it determines to be abusive, defamatory, obscene, fraudulent, deceptive, or misleading, or is in violation of a copyright, trademark or; other intellectual property right of another or violates any law or regulation or is offensive or otherwise unacceptable to iPowerUp at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by iPowerUp in accordance with iPowerUp’s Privacy Policy.

 Indemnity

You agree to indemnify and hold iPowerUp, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against iPowerUp by any third party due to or arising out of or in connection with your use of the Site. Conflict of terms due to language

To the extent permitted by law, in the event of a conflict between different translations of these terms, the English translation will prevail. Certain support services and related documents may be available in English only.

Website Maintenance

iPowerUp reserves the right to do any of the following, at any time, without notice: to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason. To modify or change the Site, or any portion of the Site, and any applicable policies or terms and to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

 Violation of These Terms of Use

 iPowerUp may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) iPowerUp’s rights or property, or the rights or property of visitors to or users of the Site, including iPowerUp’s customers. iPowerUp reserves the right at all times to disclose any information that iPowerUp deems necessary to comply with any applicable law, regulation, legal process or governmental request. iPowerUp also may disclose your information when Apple determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.