This website and other related websites and mobile applications (collectively referred to as the "Sites") comprise various web pages and services operated by PowerBasic Tools, LLC (“PowerBASIC”, "we", "us" or "our"). The Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Sites constitutes your agreement to these Terms.
PowerBASIC reserves the right to change the terms, conditions, and notices under which the Sites are offered, including but not limited to the charges associated with the use of the Sites. We will notify you of material changes to these terms by posting through our Sites or by emailing you with the contact information you provide us.
The Sites may contain links to other web sites ("Linked Sites"). The Linked Sites are not under the control of PowerBASIC and PowerBASIC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. PowerBASIC is not responsible for webcasting or any other form of transmission received from any Linked Site. PowerBASIC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PowerBASIC of the site or any association with its operators. PowerBASIC accepts no responsibility for Linked Sites or for any loss or damage that may arise from your use of Linked Sites. If you access any Linked Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such Linked Sites.
The Sites use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. One way a cookie saves you time is by telling the web server that you have returned to a specific page. For example, if you personalize a page on one of the Sites, or register with a Site or its services, a cookie helps the Site recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to a Site, the information you previously provided can be retrieved, so you can easily use the Site's features that you customized.
As a condition of your use of the Sites, you warrant to PowerBASIC that you will not use any of the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use any of the Sites in any manner which could damage, disable, overburden, or impair any of the Sites or interfere with any other party's use and enjoyment of any of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.
The Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
PowerBASIC has no obligation to monitor the Communication Services. However, PowerBASIC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. PowerBASIC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
PowerBASIC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, in PowerBASIC's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. PowerBASIC does not control or endorse the content, messages, or information found in any Communication Service, and therefore, PowerBASIC specifically disclaims any liability arising from or relating to any Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized PowerBASIC spokespersons, and their views do not necessarily reflect those of PowerBASIC.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
PowerBASIC does not claim ownership of the materials you provide to PowerBASIC (including feedback and suggestions) or post, upload, input, or submit to any of the Sites or their associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting PowerBASIC, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission, and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. PowerBASIC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in PowerBASIC's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. POWERBASIC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME. ADVICE RECEIVED VIA THE SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL, OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
POWERBASIC, ITS AFFILIATES, AND/OR THEIR SERVICE PROVIDERS, SUPPLIERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OFFERED THROUGH THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OFFERED THROUGH THE SITES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. POWERBASIC, ITS AFFILIATES, AND/OR THEIR SERVICE PROVIDERS, SUPPLIERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OFFERED THROUGH THE SITES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.
IN NO EVENT SHALL POWERBASIC, ITS AFFILIATES, AND/OR THEIR SERVICE PROVIDERS, SUPPLIERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF ANY OF THE SITES, THE DELAY OR INABILITY TO USE ANY OF THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OFFERED THROUGH ANY OF THE SITES, OR OTHERWISE ARISING OUT OF OR RELATING TO THE USE OF ANY OF THE SITES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF POWERBASIC, ITS AFFILIATES, AND/OR THEIR SERVICE PROVIDERS, SUPPLIERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO POWERBASIC FOR THE SOFTWARE OR PRODUCTS THAT ARE SUBJECT TO THE CLAIM.
SERVICE CONTACT: firstname.lastname@example.org
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD POWERBASIC, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS, SUPPLIERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, COSTS, EXPENSE, DAMAGES, AND DEFICIENCIES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND REASONABLE ATTORNEY FEES, WHICH DIRECTLY OR INDIRECTLY ARISE OUT OF YOUR VIOLATION OF THESE TERMS OR YOUR USE OF THE SITES, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THE COMMUNICATION SERVICES, ANY USE OF THE SITES' CONTENT, SERVICES AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS.
The Sites, and all features and functionality (including all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by PowerBASIC, its licensors or other suppliers of such materials and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual or proprietary rights laws. The names of actual companies and products mentioned on the Sites are the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to PowerBASIC's copyright agent, designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act ("DMCA"), the written notice ("DMCA Notice") must include the following:
Our designated agent to receive DMCA Notices is:
Attn: Copyright Agent
PowerBASIC Tools, LLC
235 E. Palmer St.
Franklin NC, 28734
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material on the Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
ALL INQUIRIES THAT DO NOT COMPLY WITH THE FOREGOING PROCEDURE WILL RECEIVE NO RESPONSE.
If you have questions about these Terms, please contact us at: