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Terms & Conditions
- Products, Content and Specifications. All features, content, specifications, products
and prices of products and services described or depicted on this Web Site are subject
to change at any time without notice. Certain weights, measures and similar descriptions
are approximate and are provided for convenience purposes only. We make all reasonable
efforts to accurately display the attributes of our products, including the applicable
colors; however, the actual color you see will depend on your computer system and
we cannot guarantee that your computer will accurately display such colors. The
inclusion of any products or services in this Web Site at a particular time does
not imply or warrant that these products or services will be available at any time.
It is your responsibility to ascertain and obey all applicable local, state, federal
and international laws (including minimum age requirements) in regard to the possession,
use and sale of any item purchased from this Web Site. By placing an order, you
represent that the products ordered will be used only in a lawful manner.
- Shipping Limitations. When an order is placed, it will be shipping to an address
designated by the purchaser as long as that shipping address is compliant with the
shipping restrictions contained on this Web Site. All purchases from this Web Site
are made pursuant to a shipment contract. As a result, risk of loss and title for
items purchased from this Web Site pass to you upon delivery of the items to the
carrier. You are responsible for filing any claims with carriers for damaged and/or
lost shipments.
- Accuracy of Information. Power Pusher attempts to ensure that information on this Web
Site is complete, accurate and current. Despite our efforts, the information on
this Web Site may occasionally be inaccurate, incomplete or out of date. We make
no representation as to the completeness, accuracy or currentness of any information
on this Web Site. For example, products included on the Web Site may be unavailable,
may have different attributes than those listed, or may actually carry a different
price than that stated on the Web Site. In addition, we may make changes in information
about price and availability without notice. While it is our practice to confirm
orders by email, the receipt of an email order confirmation does not constitute
our acceptance of an order or our confirmation of an offer to sell a product or
service. We reserve the right, without prior notice, to limit the order quantity
on any product or service and/or to refuse service to any customer. We also may
require verification of information prior to the acceptance and/or shipment of any
order.
- Use of this Web Site. The Web Site design and all text, graphics, information, content,
and other material displayed on or that can be downloaded from this Web Site are
either the property of, or used with permission by Power Pusher and
are protected by copyright, trademark and other laws and may not be used except
as permitted in these Terms and Conditions or with the prior written permission
of the owner of such material. You may not modify the information or materials located
on this Web Site in any way or reproduce or publicly display, perform, or distribute
or otherwise use any such materials for any public or commercial purpose. Any unauthorized
use of any such information or materials may violate copyright laws, trademark laws,
laws of privacy and publicity, and other laws and regulations. You are responsible
for maintaining the confidentiality of your account information and password and
for restricting access to such information and to your computer. You agree to accept
responsibility for all activities that occur under your account or password.
- Third Party Links. From time to time, this Web Site may contain links to Web sites
that are not owned, operated or controlled by Power Pusher. All such
links are provided solely as a convenience to you. If you use these links, you will
leave this Web Site. Power Pusher is not responsible for any content, materials or
other information located on or accessible from any other Web site. Power Pusher does
not endorse, guarantee, or make any representations or warranties regarding any
other Web site, or any content, materials or other information located or accessible
from such Web sites, or the results that you may obtain from using such Web sites.
If you decide to access any other Web site linked to or from this Web Site, you
do so entirely at your own risk.
- User Information. Other than personally identifiable information, which is subject
to this Web Site's Privacy Policy, any material, information, suggestions, ideas,
concepts, know-how, techniques, questions, comments or other communication you transmit
or post to this Web Site in any manner ("User Communications") is and will be considered
non-confidential and non-proprietary. Power Pusher may use any or all User Communications
for any purpose whatsoever, including, without limitation, reproduction, transmission,
disclosure, publication, broadcast, development, manufacturing and/or marketing
in any manner whatsoever for any or all commercial or non-commercial purposes. Power Pusher
may, but is not obligated to, monitor or review any User Communications. Power Pusher
shall have no obligations to use, return, review, or respond to any User Communications.
Power Pusher will have no liability related to the content of any such User Communications,
whether or not arising under the laws of copyright, libel, privacy, obscenity, or
otherwise. Power Pusher retains the right to remove any or all User Communications
that includes any material Power Pusher deems inappropriate or unacceptable.
- DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED
IN CONNECTION WITH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF
ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. POWER PUSHER DOES NOT WARRANT THE ACCURACY
OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS
AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND POWER PUSHER DOES
NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES.
THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED
BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS
AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE
WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, POWER PUSHER HEREBY DISCLAIMS
ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES
WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS
WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, POWER PUSHER HEREBY EXPRESSLY
DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL
WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE
WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS"
IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING
EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE
REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
- LIMITATIONS OF LIABILITY. Power Pusher does not assume any responsibility, and shall
not be liable for, any damages to, or viruses that may infect, your computer, telecommunication
equipment, or other property caused by or arising from your access to, use of, or
browsing this Web Site or your downloading of any materials, from this Web Site.
IN NO EVENT WILL POWER PUSHER, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS,
AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED
IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY
FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION)
ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE,
ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES
CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR
ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY
LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF
ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS
TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES
THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY,
IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES,
IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN
AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS
POLICIES POSTED ON THIS WEB SITE.
- Revisions to these Terms and Conditions. Power Pusher may revise these Terms and Conditions
at any time and from time to time by updating this posting. You should visit this
page from time to time to review the then current Terms and Conditions because they
are binding on you. Certain provisions of these Terms and Conditions may be superseded
by expressly designated legal notices or terms located on particular pages at this
Web Site.
- Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement
between you and Power Pusher to the extent necessary to resolve any inconsistency or
ambiguity between them. This Web Site is administered by Power Pusher from its offices
in Wisconsin. These Terms and Conditions will be governed by and construed in accordance
with the laws of the state of Wisconsin, without giving effect to any principles
of conflicts of laws.
- Termination. You or we may suspend or terminate your account or your use of this
Web Site at any time, for any reason or for no reason. You are personally liable
for any orders that you place or charges that you incur prior to termination. We
reserve the right to change, suspend, or discontinue all or any aspect of this Web
Site at any time without notice.
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