INTRODUCTION

INTRODUCTION

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using the PowerSnipe Site or any software on offered on this site, you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use the PowerSnipe service or Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this PowerSnipe Service and or Site following the posting of changes to these terms will mean you accept those changes.

 

DISCLAIMER

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SOFTWARE AND SERVICE FOR ANY PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY PART OF THE POWERSNIPE SITE OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY POWERSNIPE SITE, SOFTWARE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE SUCCESSFUL OUTCOME OF ANY AUCTION PLACED THROUGH THE POWERSNIPE SERVICE OR USE OF THIS SITE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY POWERSNIPE SITE, SOFTWARE OR ANY SOFTWARE TECHNOLOGY ASSOCIATED WITH POWERSNIPE.COM AS TO CORRECTNESS, ACCURACY, RELIABILITY, SECURITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

We explicitly disclaim any responsibility for the accuracy, content, security, or availability of information found on this site or software, and on sites that link to or from any PowerSnipe Site or service. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any PowerSnipe Site or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give this website, software available from this website, or any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with PowerSnipe or any of these third parties.

THE POWERSNIPE SERVICE

The PowerSnipe Service is an online application, enabling individuals to place bids on auction sites such as eBay. You understand and agree that the Service is provided "AS-IS" and that Compupower LLC or any company associated with Compupower LLC assume no responsibility for, among other things, (1) any service outages or interruptions (2) the inability to access the Service, (3) the failure or inability to post materials to the Service, (4) the deletion of materials posted to the Service or (5) the failure to store materials posted to the service (6) the unavailability of particular services.

DURATION OF AGREEMENT AND TERMINATION


At the start of service, a recurring yearly subscription is initiated. At the end of the yearly period, the user's paypal account will be charged by paypal, or the credit card company will charge the credit card to initiate another year of service. This subscription can be canceled at anytime by the user. These terms are effective until terminated by either party.

Service or subscription can be canceled by user at anytime. If user does not cancel the subscription they initiated at the beginning of the transaction, user will be charged again one year from signup date to continue service.
 

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY POWERSNIPE SERVICE OR SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A POWERSNIPE SITE OR SERVICE. UNDER NO CIRUMSTANCES ARE COMPUPOWER LLC AND/OR ANY COMPANY ASSOCIATED WITH COMPUPOWER LLC RESPONSIBLE OR LIABLE FOR ANY CONTENT SENT USING THE POWERSNIPE SERVICE OR SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY LOSS ON YOUR PART FROM OTHERS USING YOUR ACCOUNT WITH OR WITHOUT YOUR KNOWLEDGE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY POWERSNIPE SERVICE OR SITE.

USER CONDUCT

You agree to not use the Service to:
(a) violate or solicit the violation of any applicable local, state, national or international law; (b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights
(c) upload, post, email or otherwise transmit any Content that (1) is unlawful, threatening, abusive, tortious, defamatory, obscene, libelous, or invasive of another's privacy; (2) consists of instructional information on illegal activities, including, but not limited to, hacking, cracking, and phreaking; (3) violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyrighted software, music, photographs, text, videos or artwork; (4) constitutes pornography, or sexual material of an obscene nature or that violates local, state or national laws; (5) is the private information of another such as their addresses, phone number, Social Security number or credit card number; (6) contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (7) you do not have a right to upload or post due to contractual or other legal obligation.
(d) impersonate any person or entity
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(f) interfere with or disrupt the Service, or computer servers
If you do use the Service to commit any of the above, Compupower LLC may, at its sole discretion terminate your password, account (or any part of it) or ability to use the Service, and remove and discard any Content within the Service.

ACCOUNT INFORMATION

You represent that the information you provide are accurate and belong to you. You allow PowerSnipe to use that information to bid for you on your auctions. You agree that your information will be kept private and not shared with any other parties for use on this site. You agree that you will not use any account other than your own. If you become aware that there has been any breech of security or that your information is being used by others you agree to contact PowerSnipe immediately.

INDEMNIFICATION BY USER

You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Use. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

THIRD PARTY WEBSITES, CONTENT AND PRODUCTS AND SERVICES

Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (i) the organizations that operate such websites; (ii) the content, privacy policies or other terms of use on such websites; or (iii) such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

GOVERNING LAW/JURISDICTION AND ARBITRATION

The Web Site Terms of Use and all aspects of your use of the Web Site shall be governed, construed and interpreted in accordance with the laws of the State of Maine, without giving effect to principles of conflicts of law or to the Convention on Contracts for the International Sale of Goods. Any dispute, controversy or difference arising out of, in relation to, or in connection with, the foregoing, which cannot be settled by mutual agreement, shall be finally settled by arbitration. If you initiate arbitration, it will be held at your discretion in Sanford, Maine.

 

GENERAL PROVISIONS

These terms shall be governed by and construed in accordance with the laws of the State of Maine, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Sanford, Maine, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

 

Contact

If you have any questions or concerns about our website or these Terms of Use, please feel free to contact us at support@powersnipe.com

 

Modified: February 14, 2003


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