TERMS & CONDITIONS
Terms of Service
Last updated: Nov 1, 2024 9:27 AM
Please read this Terms of Service ("Terms," "Terms of Service") carefully before using the Powers Digital Agency Application (the "Application") operated by Powers Digital Agency ("us," "we," "our") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Application is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users, and others, who wish to access and use the Application. By accessing or using the Application, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Application.
Our offers and pricing
We offer services and digital products on this Application. The price of these services and digital products is customized based on your needs, which means that we will provide you with a quote after we determine your needs. This price does not include taxes or other fees that you may be charged.
Cancellation policy
We do not offer you the ability to cancel any purchases that you have made of the services and digital products offered on our Application.We do not reserve the right to cancel your purchase.
Refund policy
We do not offer refunds on any purchases made on this Application.
Deposits
We may ask you to provide a deposit for purchases made of the services and digital products offered on our Application. A deposit is a payment made to reserve the services and digital products.We do not reserve the right to cancel your purchase. As such, we do not refund deposits.We do not offer you the ability to cancel any purchases that you have made of the services and digital products offered on our Application. As such, we do not refund deposits.
No warranty on purchases
The items or services displayed or sold on this Application are provided “as is.” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality, or fitness for a particular purpose or use) shall apply to any items or services displayed or sold on this Application, whether arising by law, course of dealing, course of performance, usage of trade, or otherwise.
Remedies
You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to reject the goods, services, or digital products. You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue, and class action waiver” section below. These remedies are intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.
Accounts
When you create an account on our Application, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Application.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Application or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting us.
Prohibited uses
You agree that you will use this Application in accordance with all applicable laws, rules, regulations, and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Application. You agree that you will not perform any of the following prohibited uses:
Impersonating or attempting to impersonate Powers Digital Agency or its employees, representatives, subsidiaries, or divisions;
Misrepresenting your identity or affiliation with any person or entity;
Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail, or any similar material;
Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Application, or which, as determined in our sole discretion, may harm us or the users of this Application or expose us or other users to liability;
Using the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with another party’s use of the Application;
Using any robot, spider, or other similar automatic technology, process, or means to access or use the Application for any purpose, including monitoring or copying any of the material on this Application;
Using any manual process or means to monitor or copy any of the material on this Application or for any other unauthorized purpose;
Using any device, software, means, or routine that interferes with the proper working of the Application, including but not limited to viruses, trojan horses, worms, logic bombs, or other such materials;Attempting to gain unauthorized access to, interfering with, damaging, or disrupting any parts of the Application, the server(s) on which the Application is stored, or any server, computer, or database connected to the Application;
Attempting to attack or attacking the Application via a denial-of-service attack or a distributed denial-of-service attack;
Otherwise attempting to interfere with the proper working of the Application;
Using the Application in any way that violates any applicable federal, state, or local laws, rules, or regulations.
No warranty on Application
This Application is provided “as is.” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality, or fitness for a particular purpose or use) shall apply to this Application, whether arising by law, course of dealing, course of performance, usage of trade, or otherwise.
Availability, errors, and inaccuracies
We assume no liability for the availability, errors, or inaccuracies of the information, products, or services provided on this Application. We may experience delays in updating information on this Application and in our advertising on other websites. The information, products, and services found on the Application may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Application. The inclusion or offering of any product or service on this Application does not constitute an endorsement or recommendation of such product or service by us.
Damages and limitation of liability
In no event shall Powers Digital Agency be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, relating to, or in any way connected with your access to, display of, or use of this Application or with the delay or inability to access, display, or use this Application, including but not limited to your reliance upon opinions or information appearing on this Application; any computer viruses, information, software, linked websites operated by third parties, products, or services obtained through this Application, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, even if Powers Digital Agency has been advised of the possibility of such damages. IF, DESPITE THE LIMITATION ABOVE, Powers Digital Agency IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF Powers Digital Agency WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO Powers Digital Agency IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS APPLICATION. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF Powers Digital Agency. The aggregate liability of Powers Digital Agency arising out of or relating to this Application, whether arising out of or related to breach of contract, tort (including negligence), or otherwise shall be limited to the amount of fees actually received by Powers Digital Agency from you.
Intellectual property and DMCA notice and procedure for intellectual property infringement claims
All contents of this Application are ©2020 - 2024 Powers Digital Agency or third parties. All rights reserved. Unless specified otherwise, this Application and all content and other materials on this Application, including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files, and arrangement thereof (collectively, “Content”) are the proprietary property of Powers Digital Agency and are either registered trademarks, trademarks, or otherwise protected intellectual property of Powers Digital Agency or third parties in the United States and/or other countries.
If you are aware of a potential infringement of our intellectual property, please contact Powers Digital Agency at
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Application infringes on the copyright, trademark, or other intellectual property rights of any person or entity.
If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
Your name, email, address, and telephone number; and
A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent, or the law.
Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Application.
You may submit your claim to us by contacting us at:
Powers Digital Agency
1244 Meinel Road, Huntingdon Valley, PA 19006
United States
Governing law, severability, dispute resolution, and venue
These Terms shall be governed and construed in accordance with the laws of the state of Pennsylvania, United States, without regard to its conflict of laws provisions. These terms shall not be governed by the United Nations convention on contracts for the sale of international goods, the Uniform Commercial Code, nor Incoterms.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Application and supersede and replace any prior agreements we might have had with you regarding the Application.
Any controversy or claim arising out of or relating to these Terms, including but not limited to the interpretation or breach thereof, shall be resolved in a court of competent jurisdiction in Montgomery County, Pennsylvania.
You and Powers Digital Agency agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.
Changes to Terms of Service
We reserve the right to make changes to these Terms of Service at any time. We will notify you immediately of any changes to these Terms of Service by posting the updated terms of service to this application.
Questions
If you have any questions about our Terms of Service, please contact us at [email protected]
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