Terms and Conditions

Please read these Terms of Service ("TOS") carefully before using PowerDataPlus.com's website or related services (the "Services") operated by Power Data+, LLC ("us", "we", or "our").

Your access to and use of the Services is conditioned on your acceptance of and compliance with the TOS. The TOS apply to all persons or entities who use the Services ("you").

By using the Services you agree to be bound by the TOS. If you disagree with any part of the TOS then you may not use the Services. Merely viewing a public-facing website related to the Services does not require acceptance of or adherence to the TOS: however, regardless of any specific mention of the TOS when you use the Services, such use constitutes consent to and agreement to be bound by the TOS.

Privacy

Please review our Privacy Policy, which also governs your visit to the PowerDataPlus.com website, to understand our practices.

Permitted Uses

PowerDataPlus.com may be used to send emails, Tweets, Facebook messages and/or other instant or persistent electronic messages, as available through the Services, ("Emails") to persons or entities in the United States of America who have opted to receive such Emails, or third-party Emails and are otherwise suitable and reasonable recipients of such Emails.

Prohibited Uses

Requirements of Use

Termination

We may terminate or suspend access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. If you have paid for Services which are not rendered at the time of termination, absent breach of the TOS by you, then you will receive a pro-rata refund of all such payments.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Personally Identifiable Information

You are responsible for all Personally Identifiable Information ("PII") and/or Sensitive Personally Identifiable Information ("SPII") which you use to create or transmit the Emails, including any you provide to us to allow their creation and/or transmission. By using the Services you represent and warrant that your collection, retention and use of such PII/SPII is in accord with all applicable law and regulation.

We will not retain any PII or SPII after the Emails have been transmitted, save that absolutely necessary and/or legally required to document our own compliance with the TOS and/or any applicable law and regulation. If you provide PII or SPII to us in violation of any agreement or applicable law or regulation, you agree to indemnify and hold us harmless from any claim related to such PII/SPII, including but not limited to the costs of responding to such claim and/or the costs of suit, fine or other sanction.

Content

If the Emails you send or any website they link to contain legally protected intellectual property, including patented or copyrighted content or trademarks or service marks, ("Content,") you are responsible for ensuring that you have all necessary rights to use such Content. You agree to indemnify and hold us harmless from any claim related to such Content, including costs of responding to such claim and/or costs of suit.

Links To Other Web Sites

PowerDataPlus.com may contain links to third-party web sites or services that are not owned or controlled by Power Data+, LLC. Power Data+, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Power Data+, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

If your Emails contain links to websites owned or controlled by third parties, or the websites they link to websites owned or controlled by third parties, you agree to provide clear and reasonable notice to the recipients of such Emails that this is the case, and make them reasonably aware when they are leaving websites owned and controlled by you and/or when they are being linked to such websites.

Electronic Communications

When you visit PowerDataPlus.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on PowerDataPlus.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on the Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Power Data+, LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on PowerDataPlus.com is the exclusive property of Power Data+, LLC and protected by U.S. and international copyright laws. All software used on PowerDataPlus.com is the property of Power Data+, LLC, its service providers, or its software suppliers and protected by United States and international copyright laws.

Trademarks

"PowerDataPlus.com," "Power Data Plus," "PulseTV," and "Power Data+, LLC" are trademarks, registered trademarks or trade dress of Power Data+, LLC in the U.S. and/or other countries. Power Data+, LLC's trademarks and trade dress may not be used in connection with any product or service that is not Power Data+, LLC's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Power Data+, LLC. All other trademarks not owned by Power Data+, LLC that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Power Data+, LLC.

Use of Client Name, Logo, or Trademark

By engaging in services offered by Power Data+, LLC, you grant us the right to use your company's name, logo, or trademark for promotional and marketing purposes. This includes, but is not limited to, featuring your name, logo, or trademark on our website, marketing materials, social media channels, and any other promotional mediums. We may use your company's name, logo, or trademark to showcase the nature of our services and the clients we have served. This usage is intended for promotional purposes to demonstrate our experience and expertise to potential clients or for general marketing efforts.

If you have any concerns or specific restrictions regarding the use of your company's name, logo, or trademark, please contact us at info@powerdataplus.com to discuss your preferences. By continuing to use our services, you acknowledge and agree that Power Data+, LLC has the right to use your company's name, logo, or trademark for promotional purposes without seeking further consent.

Patents

One or more patents owned by Power Data+, LLC or its affiliates may apply to the Services. Portions of the Services may operate under license of one or more patents.

License and Site Access

Power Data+, LLC grants you a limited license to access and make personal use of the contents of PowerDataPlus.com and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Power Data+, LLC. This license does not include any resale or commercial use of PowerDataPlus.com or its contents; any derivative use of PowerDataPlus.com or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by Power Data+, LLC in a separate license, your right to use any software, data, documentation or other materials that you access or download in relation to the Services is subject to the TOS.

The Services or any portion of PowerDataPlus.com may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Power Data+, LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Power Data+, LLC without express written consent. You may not use any meta tags or any other “hidden text” utilizing Power Data+, LLC's name or trademarks without the express written consent of Power Data+, LLC. Any unauthorized use terminates the permission or license granted by Power Data+, LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of PowerDataPlus.com, so long as the link does not portray Power Data+, LLC, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Power Data+, LLC logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account

If you use the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Power Data+, LLC reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.

DISCLAIMER OF WARRANTIES

THE PowerDataPlus.com SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY AWS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. Power Data+, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU IN ASSOCIATION THEREWITH, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AWS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Power Data+, LLC DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PowerDataPlus.com SITE; ITS SERVERS; OR E-MAIL SENT FROM Power Data+, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Power Data+, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PowerDataPlus.com SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PowerDataPlus.com SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE TOS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Choice of Laws and Dispute Resolution

By using the Services, you agree that the laws of the state of Illinois, without regard to principles of conflict of laws, will govern such use, the application of the TOS, and any dispute of any sort that might arise between you and Power Data+, LLC.

Any dispute relating in any way to your use of the Services shall be adjudicated in a state or Federal court in or having jurisdiction over Will County, Illinois. By using the Services, you consent to exclusive jurisdiction and venue in such courts.

Changes

We reserve the right, at our sole discretion, to modify or replace the TOS at any time: such change will be effective upon your actual knowledge of such change, or thirty (30) days after such change is published on the PowerDataPlus.com website, whichever comes first. If any part of the TOS shall be found to be invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining parts of the TOS.

Contact Us

If you have any questions about these Terms, please contact us by email at info@powerdataplus.com or at the address below:

Power Data+ LLC.
7851 185th Street
Suite 106
Tinley Park, IL. 60477
708-894-0020