Terms and Conditions
PLEASE READ THIS "TERMS OF USE" AGREEMENT CAREFULLY BEFORE USING THESE SERVICES.
This Terms of Use Agreement (the "Agreement") is made between A-Power, (the "Company," "we" or "us"), and you.
Your use of this website, including all web pages under the domain (collectively, the "Site") and all information, data, text, software, information, images, sounds, or other materials (collectively, the "Content") contained confirms your acceptance of this Agreement and is subject to your continued compliance with the terms and conditions of this Agreement.
If it dissatisfied you with the Site, your sole and exclusive remedy are to stop using the Site.
We reserve the right to:
Change the terms and conditions of this Agreement;
Enhance, add to, change or discontinue the Site, or any portion of the Site at our sole discretion.
Any changes to this Agreement will be effective immediately upon notice, which may be provided to you via email or by display on the Site ("Notice"). We will deem your use of the Site after such notice and acceptance of such changes. Be sure to review this agreement periodically to ensure familiarity with its most current version.
The Site, in whole or in part, may be enhanced, changed, or discontinued at our sole discretion. Any enhancements, additions, or modifications to the Site will be subject to this agreement.
You must get access to the Internet and pay any service fees associated with such access to use the Site. In addition, you must provide all the equipment necessary for you to access the Internet.
1. YOUR INFORMATION AND YOUR PRIVACY
If you provide information to the Site, you agree to provide accurate, current, and complete information about you where requested and you agree to maintain and update such information. Under our privacy policy, we may disclose any information about you we collect through the Site to third parties. For more information, please see our full Privacy Policy. Any changes to the privacy policy will be effective immediately upon notice. We will deem your use of the Site after such notice and acceptance of such changes. Be sure to review the privacy policy periodically to ensure your familiarity with its most current version.
2. USER CONDUCT
You handle all the content that you send to us.
You may not use the Site or any information that you get from the Site to:
interfere with any other user's use of the Site;
conduct any unlawful activity;
intentionally solicit or harm minors in any way;
misrepresent your own identity or any affiliation that you may have;
change, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
Alter or remove any copyright, trademark, or other proprietary rights notices; "frame", "mirror" or "deep link" any part of the Site without our prior written authorization; or link to any page within the Site from any website or web page that makes any claims as to the curative or health enhancing powers of any substance, whether such substance is produced, marketed, sold or distributed by us.
3. USE OF E-MAIL ADDRESSES PROVIDED BY THE SITE
When using any e-mail address provided to you on or through the Site, you agree not to transmit to any person or entity:
any Content that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, harmful, harassing, tortuous, invasive of another's privacy, hateful, or is racially, ethnically, or otherwise objectionable, or is subject to an agreement of confidentiality, or infringes upon our or any third party's intellectual property or other rights;
Any trade secret; or
any computer code, files, or programs (for example, a computer virus) designed to interrupt, destroy, compromise the security of or limit the functionality of any device.
4. APPLICABLE LAW
The Company makes no representation that the Site is appropriate or available for use outside of the Philippines. If you choose to access the Site from such other locations; you do so at your own initiative and risk and handle compliance with local laws if, and if, such local laws apply.
All software used on the Site is subject to Philippines export controls. No such software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the Philippines has embargoed goods; or (ii) to anyone on the Philippines Treasury Department's list of Specially Designated Nationals or the Philippines Commerce Department's Table of Deny Orders. By downloading or using any such software, you represent and warrant that you are not in, under the control of, or a national or resident of any such country or on any such list.
We reserve the right, in our sole discretion, to limit the availability of the Site to any person, geographic area, or jurisdiction.
5. TERMINATION; MODIFICATION.
And for any reason, we may end your use of and access to the Site. And for any reason, we may change or discontinue providing the Site, or any part thereof, with or without notice to you. No notice is required to effect any termination right of any party. You shall not hold us responsible or liable for any direct, indirect, incidental, special, consequential, or exemplary damages because of our modification or discontinuation of the Site or our termination of your access to the Site.
6. LINKS
We may provide links to third-party websites or resources. Our provision of such links is not an endorsement of any information, product, or service reached through such links. Since we do not control third-party websites or resources, we are responsible or liable for any content, or for your reliance on any content found on such third-party websites or resources.
7. OUR PROPRIETARY RIGHTS
The Site and software used with the Site contain information that is protected by copyrights, trademarks, trade secret laws, service marks, patents, and/or other proprietary rights and laws (collectively, "Intellectual Property Laws"). In addition, the Content contained within the Site in sponsor advertisements, in the information presented to you through the Site, or in the information presented to you by advertisers is protected by Intellectual Property Laws. You agree not to change, rent, lease, loan, sell, distribute or create derivative works based on the Site, in whole or in part, unless allowed by us, in writing, to do so.
8. ERRORS
Although we attempt to maintain the integrity of the Site, we make no guarantee as to the accuracy or completeness of the Site. If you believe that you have discovered an error in the Site, please contact us at webmaster@a-power.shop and include, if possible, a description of the error, its URL location, and your contact information. We will make reasonable efforts to address your concerns.
9. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
By using the Site, you expressly agree that:
We provide the Site on an "as is" and "as available" basis. We disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not make any warranty that (i) the Site will meet your requirements; (ii) the Site will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Site will be accurate or reliable; or (iv) any errors in the Site will be corrected.
Your use of the Site is at your sole risk. You are solely responsible for any damage to you or to any third party caused, directly or indirectly, by any material that you download or get through the Site.
The Company must approve any additional warranties in writing.
You agree not to hold us or our suppliers liable for any direct, indirect, incidental, special, consequential, or exemplary damages (including, for example, damages for loss of profits, loss of goodwill, and loss of data), even if we have been advised that such losses may occur, which result from:
your inability to access your registration data;
your use or inability to use the Site;
Unauthorized access to or alteration of your transmissions or data; or the acts of any third party related to the Site.
Depending on the applicable jurisdiction, some limitations in this section may not apply to you.
10. INDEMNIFICATION
You agree to indemnify, defend and hold us, our officers, directors, employees, agents, designees, and representatives harmless form and against all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of:
your acts or omissions in connection with the Site;
your breach of any provision of this Agreement;
Any allegation that any materials that you submit to us, transmit to the Site, or transmit through the Site infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party and/or your violation of the rights of any third party.
If we make a claim for indemnification, you agree to receive written permission from us before agreeing to settle any claim or action.
11. OWNERSHIP AND RESTRICTIONS ON USE
©2022 A-Power Philippines, All Rights Reserved. A-Power owns and operates the Site with others under contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site without our prior written permission. You may not change any materials contained within the Site, nor use any materials for any other purpose. You acknowledge you do not gain any ownership rights in any intellectual property through your use of the Site.
We grant you a limited, non-exclusive, non-transferable, non-assignable license to use the Content on the Site solely to view the Site while using the Internet. Subject to the foregoing license, you may not make a temporary or permanent copy of the Site or any Content, on any media or for any purpose. We do not transfer the title to any content to you. We keep all rights, titles, and interests in all content. You may not sell, resell, decompile, reverse engineer, disassemble or otherwise translate any software portions of the Site to a human-readable form. You may not transfer any portion of the Site to any third party.
"a-power.shop," our logo, and the name of the products produced, marketed, sold or distributed by the Company, are trademarks and/or service marks of A-Power Trading, or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.
12. MISCELLANEOUS
The laws of the Philippines apply to this Agreement (without regard to the Philippines' conflict of law principles). We must bring any dispute between you and us before state and federal courts in the Philippines. If a court finds a portion of this Agreement unenforceable, the rest of this Agreement will continue to apply. This is the entire Agreement between you and us relating to the Site and this Agreement replaces all prior written or oral agreements that may have existed between us. You cannot transfer your rights or obligations under this agreement to anyone without our written permission. Our failure to enforce any provision of this Agreement does not waive our right to enforce the same provision in the future. The headings in this Agreement are for informational purposes only, but are not, themselves, enforceable provisions of this Agreement.