Terms of Use

Last Updated and Effective Date: September 26, 2022

Thank you for visiting this website, www.powerreviews.com (the “Site”) presented to our current and potential business clients by PowerReviews, Inc. (referred to as “PowerReviews,” “we,” or “us”). These Terms of Use (“Site Terms”) govern your access to, and use of, the Site, which includes any online or mobile websites, applications or digital services owned, operated or offered by, on behalf of, or in conjunction with PowerReviews or its affiliates, including any online or mobile website, application or digital service installation that posts a link to these Site Terms. 

We encourage you to read these Site Terms carefully. These Site Terms apply solely to your access to and use of the Site, and do not alter in any way the terms or conditions of any other agreement you may have with PowerReviews for products or services.

TABLE OF CONTENTS

1. OTHER APPLICABLE TERMS
2. PRIVACY
3. CUSTOMER LOGIN, ACCESS TO THE SITE, TERMINATION 
4. COPYRIGHT AND LIMITED LICENSE TO USE MATERIALS 
5. TRADEMARKS AND SERVICE MARKS
6. PROHIBITED USES OF THE SITE AND MATERIALS 
7. LINKS AND THIRD-PARTY CONTENT
8. LINKING POLICY
9. DISCLAIMER OF WARRANTIES; WAIVER
10. LIMITED LIABILITY 
11. INDEMNITY
12. APPLICABLE LAW AND VENUE 
13. GENERAL AUDIENCE
14. LOCATION OF THE SITE AND TERRITORIAL RESTRICTIONS 
15. CHANGES TO THESE TERMS 
16. GENERAL TERMS
17. CONTACT INFORMATION

OTHER APPLICABLE TERMS

When licensing our products and services, in addition to these Site Terms, a separate contract, guidelines document, payment terms or end user license agreement may apply to your use of that product or service (“Additional Terms”). To the extent there is a conflict between these Site Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. 

PRIVACY

Please refer to PowerReviews’ Privacy Policy to understand how PowerReviews collects, uses and discloses your personal information.

CUSTOMER LOGIN, ACCESS TO THE SITE, TERMINATION 

Certain areas and features of the Site may require login credentials with PowerReviews to participate. When you choose to provide credentials and information to the Site, you agree to provide only true, accurate, current, and complete information. 

If you are a customer that is registered with us, you agree that you will not sell or otherwise transfer your login credentials. You are responsible for maintaining the confidentiality and security of your login credentials. You must immediately notify us if you know or have any reason to suspect that your credentials have been lost, stolen, or otherwise compromised or in case of any actual or suspected unauthorized use of your account. You are liable for any and all activities conducted through your account.

You acknowledge that PowerReviews reserves the sole right, in its sole discretion, to update, modify, replace, or alter any of aspect of the Site, in whole or in part, from time to time without any liability to you. You acknowledge that PowerReviews may, in its sole discretion, cease to operate the Site or features within the Site. PowerReviews reserves the right to deny you access in its sole discretion without notice at any time and without any liability to you.  

PowerReviews reserves the right to modify, suspend, terminate, or restrict your use of any portion of the Site or otherwise deny you access, in its sole discretion, at any time, and to the extent permitted by applicable law, without notice. We shall not be liable to you or to any third party for any cancellation, termination, suspension or discontinuance of the Site or your login. We also reserve the right to investigate suspected violations of these Site Terms or any Additional Terms. Any violation of these Site Terms or Additional Terms may be referred to law enforcement authorities.

You agree that you will be responsible for obtaining and maintaining all telephone (including mobile), computer hardware and other equipment needed to access and use the Site. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Site, including, without limitation, those governing your transmission or use of any software or data.

COPYRIGHT AND LIMITED LICENSE TO USE MATERIALS

All materials included in or otherwise part of the Site (including but not limited to past, present and future versions, text, domain name, source and object code, design, manuals, product information, graphics, images, pictures, sound and other files, and the selection and arrangement thereof and the elements that make up its “look and feel” ) (collectively, “Materials”) are owned by PowerReviews, Inc. and/or its licensors and are protected by law. Any unauthorized use, copying, dissemination may violate copyright, trademark, patents, and other laws, rules, regulations, statutes and treaties. The Materials may not be copied, reproduced, downloaded, or distributed in any way, in whole or in part, except with the express permission of PowerReviews. PowerReviews claims neither ownership in, nor any affiliation with, any third-party trademarks appearing on the Site. Such third-party trademarks are used only to identify their owners.

PowerReviews grants you a limited, personal, non-exclusive, non-commercial, revocable, and non-transferable license to make personal use only of the Materials for your information purposes only. 

This license is subject to these Site Terms, and does not include the right to: (a) use the Site or Materials other than for its intended purpose, including but not limited to any marketing, selling, or other commercial uses; (b) use framing techniques to enclose any portion of the Site, including any images found on the Site or any text or the layout or design of any page or form contained on a page; (c) publish, publicly perform or display, or distribute to any third party any Materials, including reproduction or hosting the Materials on any computer network or broadcast or publications media; (d) resell, copy, distribute, transfer, reverse engineer, disassemble, create derivative works thereof or make derivative uses of the Site or the Materials or allow third-party access to the Site or the Materials; (e) any systematic collection or extraction of data through the use of any data mining, robots or similar data gathering or extraction methods; (f) use the Site or Materials surrounded by or on the same page as other content that presents false information about, disparages, tarnishes, or otherwise harms us or our products or services or may be construed as offensive, controversial, or otherwise objectionable; or (h) imply that we or the Site are endorsing, sponsoring, or otherwise affiliated with any third party or its products or services.

You are not conveyed any other right or license, by implication, estoppel or otherwise, in or under any patent, trademark, or proprietary right of PowerReviews or any third party. Any unauthorized use of the Site will terminate the permission or license granted by these Site Terms and may violate applicable law, including but not limited to copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

TRADEMARKS AND SERVICE MARKS

“Power Reviews”, “PowerReviews.com,” “PowerReviews,” and PowerReviews’ logos are trademarks, service marks or registered trademarks of PowerReviews or its suppliers and licensors, and may not be copied, used or imitated, in whole or in part, without the prior written permission of PowerReviews or its suppliers or licensors. You may not use meta tags or any other “hidden text” using any of the above-referenced marks without PowerReviews’ permission. Additionally, all page headers, graphics, icons, and scripts are service marks, trademarks, and/or trade dress of PowerReviews, and may not be copied, imitated, or used, in whole or in part, without PowerReviews’ prior written permission. All other PowerReviews names or logos mentioned on the Site, or any other trademarks, registered or otherwise, are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by PowerReviews.

PROHIBITED USE OF THE SITE AND MATERIALS

In addition to other prohibitions as set forth in these Site Terms, you may not use the Site or Materials:

1. For any unlawful purpose or to solicit others to perform or participate in any unlawful acts;
2. To engage in any activity that might be harmful to minors or others;
3. To change or remove any author attribution, trademark, legend, or copyright notice or otherwise to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
4. To harass, abuse, insult, harm, defame, slander, disparage, threaten, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
5. To submit false or misleading information;
6. To transmit “junk mail” or unsolicited mass mailing or “spam;”
7. Except as part of standard use of a search engine or browser, download, monitor, mine, copy, or otherwise reproduce, store, or distribute the Site or any Materials.
8. Violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
9. To upload or transmit viruses of any other type of malicious code that will or may be used in any way that will affect the functionality, security or operation of the Site or any related websites or the Internet;
10. To collect or track the personal information of others. 

You agree that you will not: (a) use any robot, spider, other automatic device or manual process to monitor or copy web pages of the Site or for any other unauthorized purpose without our prior expressed written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site; and (c) take any action that imposes an unreasonable or disproportionately large load on PowerReviews’ hardware and software infrastructure.  

We reserve the right to terminate your use of the Site for violating any of the prohibited uses or any other provisions of the Site Terms.

LINKS AND THIRD-PARTY CONTENT

PowerReviews or third parties may provide links on the Site to other sites or content. PowerReviews has no control over such sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the quality, content, nature or reliability of sites or content linked to by the Site. PowerReviews provides links to you only as a convenience, and the inclusion of any link on the Site does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. Our terms and policies govern any time you visit the Site directly or indirectly through authorized third-party Web sites. You should review applicable terms and policies, including the privacy and data gathering practices, of any third-party sites.

LINKING POLICY 

PowerReviews grants you the revocable permission to link to the Site; provided, however, that any link to the Site: (a) must not frame or create a browser or border environment around any of the content on the Site or otherwise mirror any part of the Site; (b) must not imply that PowerReviews or the Site are endorsing or sponsoring any third party or its products or services, unless PowerReviews has given the third party prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in PowerReviews’s sole opinion, harm PowerReviews or its products or services; (d) must not use any PowerReviews’s trademarks without the prior written permission from PowerReviews; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in PowerReview’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Site Terms. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Site Terms, PowerReviews reserves the right to prohibit linking to the Site for any reason in our sole and absolute discretion.

DISCLAIMER OF WARRANTIES; WAIVER 

The Site and the Materials contained therein are provided on an “as is” and “as available” basis without warranties of any kind, express or implied. You expressly agree that use of the Site, including all content or data distributed by or downloaded or accessed from or through the Site, is at your sole risk. PowerReviews and its affiliated entities, vendors, service providers, licensors and suppliers, and the directors, officers, employees, affiliates, agents, contractors, interns, and other representatives of each of them (collectively, “PowerReviews Parties”) disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, durability, custom, trade, quiet enjoyment, title and non-infringement, system integration, and freedom from computer virus as to the information, Materials, and content on the Site. PowerReviews does not represent or warrant that materials on the Site are accurate, complete, current, reliable, or error-free; or that defects will be corrected.  You agree that we may disable for indefinite periods of time or shut down the Site (or any feature thereof) at any time, without notice to you.

PowerReviews is not responsible for typographical errors or omissions on the. We cannot and do not represent or warrant that the Site or its server(s) are free of viruses or other harmful components. You should use industry-recognized software to detect and disinfect viruses from any download.  By accessing or using the Site you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Site.

Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.

LIMITED LIABILITY

In no event will any PowerReviews Party be liable for any indirect, special, incidental, consequential or punitive damages of any kind (including but not limited to loss of use, loss of profits, lost revenues,  loss of data or similar damages) whether in an action in contract, tort (including but not limited to negligence), strict liability, equity or otherwise, arising out of or in any way connected with the use of or inability to use this Site or the Materials therein or resulting from unauthorized access to or alteration of data, even if foreseeable or even if the PowerReviews Parties have been advised or should have known of the possibility of such damages. The parties acknowledge that this is a reasonable allocation of risk.

In no event will the total liability to you by the PowerReviews Parties for any claims, damages, losses, and causes of action exceed in total the amount you paid us, if any, for accessing the Site or, if you did not pay us, $10.00 USD.This limitation on damages is not intended to limit any obligation to pay prevailing party costs or fees as required by law or to limit or exclude liability for personal injury or property damage caused by the PowerReviews Parties, or for the gross negligence, fraud, or intentional, willful, malicious, or reckless misconduct by the PowerReviews Parties – but only to the extent that such liability cannot be limited or excluded pursuant to applicable law. 

By accessing the Site, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law of any state or territory which provides as follows: 

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

INDEMNITY

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the PowerReviews Parties from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, settlements, and expenses, including (but not limited to) reasonable attorney’s fees, made by any third party, due to, arising out of, or directly or indirectly related to: (i) your breach (or anticipatory breach) of any of these Site Terms; (ii) your use of the Site and Materials other than as permitted by us; (iii) your violation of laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities, including, without limitation, all administrative and legislative authorities or any agreement you have with a third party; (iv) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other rights of any person; (v) any misrepresentation made by you; or (vi) the PowerReviews Parties’ use of your content or information as permitted under these Site Terms, the Privacy Policy, or any other written agreement between you and PowerReviews. The PowerReviews Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of PowerReviews.

APPLICABLE LAW AND VENUE

These Site Terms and any transactions thereunder shall be governed by and construed in accordance with the laws of the State of Illinois applicable to agreements made and entirely to be performed within the State of Illinois, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Cook County, Illinois, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.

GENERAL AUDIENCE SITE  

This Site is intended for a general audience. The Site and its services are not directed to, and not intended for the use of, children younger than 18 years old. If you are a minor, you should not contact or otherwise provide personal information to our Site.  

LOCATION OF THE SITE AND TERRITORIAL RESTRICTIONS 

PowerReviews controls and operates the Site from offices located in the United States. The information and content provided through the Site are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject PowerReviews to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Site or any portion of the Site, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.

Software related to or made available by the Site may be subject to United States export controls. Thus, no software from the Site may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or that has been designated by the U.S. government as “terrorist supporting”; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

CHANGES TO THESE TERMS

PowerReviews reserves the right to change or modify any of the terms and conditions contained in these Site Terms, or any policy of the Site, from time to time at any time and in its sole discretion. If PowerReviews decides to change these Site Terms or a Site policy, it will post a new version on the Site and update the effective date set forth above. We may – in our discretion – also notify you of material changes via email if you have provided us with your email address. Any changes or modifications to these Site Terms will be effective upon posting of the revisions (or at such later date as we may specify in the revisions.) Your continued use of the Site following posting of any changes or modifications (or some other act that we reasonably specify) constitutes your acceptance of such changes or modifications. You should frequently review these Site Terms and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.

GENERAL TERMS

PowerReviews reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent future access to and use of the Site. 

If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.  

You agree that these Site Terms will not be construed against PowerReviews because PowerReviews has drafted them. 

If a court or other decision-maker should determine that any provisions of these Site Terms are overbroad, unfair or unreasonable, such provision shall be given effect to the maximum extent possible by narrowing or enforcing in part that aspect of the provision found overbroad or unreasonable. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. 

No amendment to or modification of these Site Terms, or action, or delay, will be binding unless in writing and signed by PowerReviews.

Provisions of these Site Terms that would logically survive termination will survive the termination of these Site Terms, including (but not limited to) Disclaimer of Warranties, Limitation of Liability, and Indemnity.

These Site Terms and any Additional Terms constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings.

CONTACT INFORMATION

If you have any questions about our Site Terms, please contact us at [email protected] or PowerReviews, Inc., 1 N Dearborn St., Chicago, IL 60602, Attn: Legal Dept.