introduction and scope
eligibility and registration
license rights and use restrictions
(b) Certain Restrictions Your use of the Services is subject to the following restrictions: you agree (i) not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; (iii) not to access the Services in order to build a similar or competitive service, (iv) not to use the Services for any unlawful purpose, or for any purpose other than the Permitted Purpose; (v) that no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (vi) not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Website, the Services, the Hardware, the Software, or any other system, device or property; (vii) not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Website or the Services, or violate the regulations, policies, or procedures of such networks; (viii) not to access (or attempt to access) any of the Services by means other than through the interface that is provided by PoEWit; and (ix) not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Website or the Services.
(c) IN ADDITION, IN NO EVENT DOES POEWIT AUTHORIZE YOU OR ANYONE ELSE TO USE THE SERVICES WHERE THE FAILURE OF THE SERVICES TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN SIGNIFICANT PHYSICAL INJURY, OR IN LOSS OR PROPERTY, OR IN LOSS OF LIFE. ANY SUCH USE IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO INDEMNIFY AND HOLD POEWIT HARMLESS FROM ANY AND ALL CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORIZED USE.
(d) Modification PoEWit reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof, with or without notice. You agree that PoEWit will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
third party content
subscription fees and payment; taxes
Access to the Services is provided on a subscription basis and requires the payment of a subscription fee ("Subscription Fee"). You agree to pay any applicable Subscription Fee charged by PoEWit in advance. Initial subscriptions are for a period of one (1) year following the activation of your account. If for any reason you need to reactivate a subscription, you may be charged a reactivation fee. If you register for the Services under a promotional Subscription Fee, some additional restrictions and limitations may apply.
(b) Payment Access to your account will not be permitted until PoEWit has verified that the credit card information is accurate and that your credit card account is in good standing. If you choose a subscription option with recurring payments, you agree that PoEWit may automatically charge the subscription fee to your credit or charge card at the beginning of each billing period. PoEWit reserves the right to suspend or terminate your access to the Services without notifying you upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to PoEWit for the Services. Such rights are in addition to and not in lieu of any other legal right or remedies available to PoEWit. PoEWit reserves the right to refer your account to a third party for collection in the event of an ongoing default, and you agree to reimburse PoEWit for any costs incurred by PoEWit in the collection of amounts that are past due, including for any reasonable attorneys' fees and court costs.
(c) Changes in Subscription Fees PoEWit may, in its sole discretion, change fees from time to time and charge additional fees for any features and functionalities that are not a part of the initial Services covered by a Subscription Fee. PoEWit will use commercially reasonable efforts to notify you (by email or such other method reasonably selected by PoEWit) thirty (30) days in advance of any fee changes or new fees.
(d) Taxes The amounts payable by you to PoEWit hereunder are exclusive of any applicable sales, use, value added, excise or similar taxes that may apply to the transactions contemplated hereunder. Any such taxes shall be your responsibility and you agree to pay to PoEWit any such taxes that PoEWit is required to collect under applicable law.
Internet service provider charges
Certain of your representations
and warranties to poewit
dealers are independent contractors
not agents of poewit
terms and termination
your indemnification of poewit
limitation of liability
forward looking statements
governing law and jurisdiction
waiver of jury trial
Copyright 2020 PoEWit Technologies Inc. All rights reserved. All trademarks, logos, trade names and service marks ("Marks") displayed on the Website or the Services are the property of PoEWit or of their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of PoEWit or such respective holders. PoEWit reserves the right to alter product and services offerings, specifications, and pricing at any time without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents.
Effective as of April 1, 2020