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Terms
of Use
Power
Systems and its affiliates provide their services to you subject to the
following conditions. If you visit or shop at Power Systems (PowerSystemsDirect.Com,
Small Business Phone Systems, or MonsterPowerStore.Com), you accept these
conditions. Please read them carefully. In addition, when you use any
current or future Power Systems web service or visit or purchase from
any business affiliated with Power Systems, whether or not included in
any of the Power Systems Web site, you also will be subject to the guidelines
and conditions applicable to such service or business.
PRIVACY
Please review our Privacy Notice, which also
governs your visit to Power Systems web sites, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit any Power Systems web site, 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, animations,
and software, is the property of Power Systems and Steve Fatula or its
content suppliers and/or affiliates and protected by United States and
international copyright laws. Design and layout and all programming (includes
but is not limited to HTML, Java, Javascript, etc.) created by Power Systems
or Small Business Phone Systems are copyright exclusively by Power Systems.
The compilation of all content on this site is the exclusive property
of Power Systems unless permission has been granted to copy it and protected
by U.S. and international copyright laws.
LICENSE AND SITE ACCESS
Power Systems grants you a limited license to access and make personal
use of this site and not to download (other than page caching) or modify
it, or any portion of it, except with express written consent of Power
Systems. This license does not include any resale or commercial use of
this site or its contents; any collection and use of any product listings,
descriptions, or prices; any derivative use of this site or its contents;
any downloading or copying of account information for the benefit of another
merchant; or any use of data mining, robots, or similar data gathering
and extraction tools. This site or any portion of this site may not be
reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited
for any commercial purpose without express written consent of Power Systems.
You may not frame or utilize framing techniques to enclose any trademark,
logo, or other proprietary information (including images, text, page layout,
or form) of Power Systems and our affiliates without express written consent.
You may not use any meta tags or any other "hidden text" utilizing Power
Systems name or trademarks without the express written consent of Power
Systems. Any unauthorized use terminates the permission or license granted
by Power Systems. You are granted a limited, revocable, and nonexclusive
right to create a hyperlink to the home page of Power Systems web sites
so long as the link does not portray Power Systems, its affiliates, or
their products or services in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any Power Systems or Small Business
Phone Systems logo or other proprietary graphic or trademark as part of
the link without express written permission.
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. All checkout related functions are secured via
128 bit SSL encryption. If you are under 21, credit card sales will not
be made to you. By placing an order with Power Systems, you certify under
penalty of perjury that you and the recipient are 21 years of age or older.
Additionally, in most states, false representations of age is a state
crime. Power Systems 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; 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. You may not use
a false e-mail address, impersonate any person or entity, or otherwise
mislead as to the origin of content. Power Systems 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 Power Systems 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 Power Systems 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
Power Systems or its affiliates for all claims resulting from content
you supply. Power Systems has the right but not the obligation to monitor
and edit or remove any activity or content. Power Systems takes no responsibility
and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
Power Systems and its affiliates respect the intellectual property of
others. If you believe that your work has been copied in a way that constitutes
copyright infringement, email us with your complaint.
RISK OF LOSS
All items purchased from Power Systems 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
Power Systems and its affiliates attempt to be as accurate as possible.
However, Power Systems 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 Power Systems itself is not as described, your
sole remedy is to return it in unused condition.
OTHER BUSINESSES
Parties other than Power Systems and its subsidiaries operate stores,
provide services, or sell product lines on this site. In addition, we
provide links to the sites of affiliated companies and certain other businesses.
We are not responsible for examining or evaluating, and we do not warrant
the offerings of, any of these businesses or individuals or the content
of their Web sites. Power Systems does not assume any responsibility or
liability for the actions, product, and content of all these and any other
third parties. You should carefully review their privacy statements and
other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY POWER SYSTEMS ON AN "AS IS" AND "AS AVAILABLE"
BASIS. POWER SYSTEMS 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, POWER SYSTEMS DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. POWER
SYSTEMS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM
POWER SYSTEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. POWER SYSTEMS
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.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting a Power Systems web site, you agree that the laws of the state
of Texas, 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 Power Systems or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to any Power Systems web
site, or to products you purchase through Power Systems shall be submitted
to confidential arbitration in Melissa, Texas, except that, to the extent
you have in any manner violated or threatened to violate Power Systems
intellectual property rights, Power Systems may seek injunctive or other
appropriate relief in any state or federal court in the state of Texas,
and you consent to exclusive jurisdiction and venue in such courts. Arbitration
under this agreement shall be conducted under the rules then prevailing
of the American Arbitration Association. The arbitrator's award shall
be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration
under this Agreement shall be joined to an arbitration involving any other
party subject to this Agreement, whether through class arbitration proceedings
or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies
also govern your visit to Power Systems. We reserve the right to make
changes to our site, policies, and these Conditions of Use at any time.
If any of these conditions shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed severable and shall not
affect the validity and enforceability of any remaining condition.
This
site is an affiliate of Power Systems.
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