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TERMS OF SERVICE AGREEMENT

 

PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY

ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE

BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF

YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN

PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF

SERVICE AGREEMENT IS EFFECTIVE AS OF 10/26/2015.

 

ACCEPTANCE OF TERMS

 

The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern

the relationship with our users and others which may interact or interface with Powerhouse Classic LLC,

also known as Powerhouse Classic, located at 19825-B North Cove Rd. Ste. 207, Cornelius, North Carolina

28031, and our subsidiaries and affiliates, in association with the use of the Powerhouse Classic website,

which includes Powerhouse Classic LLC (the "Site") and its Services, which shall be defined below.

 

DESCRIPTION OF WEBSITE SERVICES OFFERED

 

The Site is a multi-resource recruiting and e-commerce website, news and all sports related information which has the following description:

Powerhouse Classic LLC is a multipurpose website. It offers basketball informational opportunities, e-commerce pages,

profile creations, membership pages and a blog.

 

Any and all visitors to our site , despite whether they are registered or not, shall be deemed as "users" of the

herein contained Services provided for the purpose of this TOS. Once an individual registers for our

Services, through the process of creating an account, the user shall then be considered a "member."

 

The user and/or member acknowledges and agrees that the Services provided and made available through

our website and applications, which may include some mobile applications and that those applications may

be made available on various social media networking sites and numerous other platforms and

downloadable programs, are the sole property of Powerhouse Classic LLC. At its discretion, Powerhouse

Classic LLC may offer additional website Services and/or products, or update, modify or revise any current

content and Services, and this Agreement shall apply to any and all additional Services and/or products and

any and all updated, modified or revised Services unless otherwise stipulated.

 

Powerhouse Classic LLC does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member , acknowledge, accept and agree that Powerhouse Classic

LLC shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance

of any of our Services and/or products. Your continued use of the Services provided, after such posting of

any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes

and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and

policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should

you not agree to the updated, modified, revised or modified terms, you must stop using the provided

Services.

 

Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall

be provided "AS IS" and as such Powerhouse Classic LLC shall not assume any responsibility or obligation

for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or

personalization settings.

 

REGISTRATION

 

To register and become a "member" of the Site, you must be 18 years of age to enter into and form a legally

binding contract. In addition, you must be in good standing and not an individual that has been previously

barred from receiving Powerhouse Classic's Services under the laws and statutes of the United States or

other applicable jurisdiction.

 

Furthermore, the registering party hereby acknowledges, understands and agrees to:

a) furnish factual, correct, current and complete information with regards to yourself as may be

requested by the data registration process, and

b) maintain and promptly update your registration and profile information in an effort to maintain

accuracy and completeness at all times.

 

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature,

Powerhouse Classic LLC will have sufficient grounds and rights to suspend or terminate the member in

violation of this aspect of the Agreement, and as such refuse any and all current or future use of Powerhouse

Classic LLC Services, or any portion thereof.

 

It is Powerhouse Classic LLC's priority to ensure the safety and privacy of all its visitors, users and

members, especially that of children. Therefore, it is for this reason that the parents of any child under the

age of 18 that permit their child or children access to the Powerhouse Classic website platform Services

must create a "family" account, which will certify that the individual creating the "family" account is of 18

years of age and as such, the parent or legal guardian of any child or children registered under the "family"

account. As the creator of the "family" account, he/she is thereby granting permission for his/her child or

children to access the various Services provided, including, but not limited to, message boards, email,

and/or instant messaging. It is the parent's and/or legal guardian's responsibility to determine whether any

of the Services and/or content provided are age-appropriate for his/her child.

 

PRIVACY POLICY

Every member's registration data and various other personal information are strictly protected by the

Powerhouse Classic LLC Online Privacy Policy (see the full Privacy Policy at powehouseclassic/privacypowerhouse.

html). As a member, you herein consent to the collection and use of the information provided,

including the transfer of information within the United States and/or other countries for storage, processing

or use by Powerhouse Classic LLC and/or our subsidiaries and affiliates.

 

MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY

After completion of the registration data and creation of your username, you will receive a random

password—which you can later change—and account designation. You shall be responsible for maintaining

the secrecy and confidentiality of your password and for all activities that transpire on or within your

account. It shall be your responsibility to notify Powerhouse Classic LLC immediately if you notice any

unauthorized access or use of your account or password or any other breach of security. Powerhouse Classic

LLC shall not be held liable for any loss and/or damage arising from any failure to comply with this term

and/or condition of the TOS.

 

CONDUCT

As a member of the Site, you herein acknowledge, understand and agree that all information, text, software,

data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately

posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content

originated. In short, this means that you are solely responsible for any and all content posted, uploaded,

emailed, transmitted or otherwise made available by way of Powerhouse Classic Services, and as such, we

do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of

our Services, you may be exposed to content including, but not limited to, any errors or omissions in any

content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted,

emailed, transmitted or otherwise made available by Powerhouse Classic.

 

Furthermore, you herein agree not to make use of Powerhouse Classic LLC's Services for the purpose of:

a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be

deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,

libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise

objectionable;

b) causing harm to minors in any manner whatsoever;

c) impersonating any individual or entity, including, but not limited to, any Powerhouse Classic

officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any

affiliation with an individual or entity;

d) forging captions, headings or titles or otherwise offering any content that you personally have no

right to pursuant to any law nor having any contractual or fiduciary relationship with;

e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe

upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other

party;

f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not

personally have any right to offer pursuant to any law or in accordance with any contractual or

fiduciary relationship;

g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized

advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any

such areas that may have been designated for such purpose;

h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a

software virus or other computer code, any files and/or programs which have been designed to

interfere, destroy and/or limit the operation of any computer software, hardware, or

telecommunication equipment;

i) disrupting the normal flow of communication, or otherwise acting in any manner that would

negatively affect other users' ability to participate in any real time interactions;

j) interfering with or disrupting any Powerhouse Classic LLC Services, servers and/or networks that

may be connected or related to our website, including, but not limited to, the use of any device

software and/or routine to bypass the robot exclusion headers;

k) intentionally or unintentionally violating any local, state, federal, national or international law,

including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and

Exchange Commission, in addition to any rules of any nation or other securities exchange, that

would include without limitation, the New York Stock Exchange, the American Stock Exchange, or

the NASDAQ, and any regulations having the force of law;

l) providing informational support or resources, concealing and/or disguising the character, location,

and or source to any organization delegated by the United States government as a "foreign terrorist

organization" in accordance to Section 219 of the Immigration Nationality Act;

m) "stalking" or with the intent to otherwise harass another individual; and/or

n) collecting or storing of any personal data relating to any other member or user in connection with the

prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

Powerhouse Classic LLC herein reserves the right to pre-screen, refuse and/or delete any content currently

available through our Services. In addition, we reserve the right to remove and/or delete any such content

that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or

members.

 

Powerhouse Classic LLC herein reserves the right to access, preserve and/or disclose member account

information and/or content if it is requested to do so by law or in good faith belief that any such action is

deemed reasonably necessary for:

a) compliance with any legal process;

b) enforcement of the TOS;

c) responding to any claim that therein contained content is in violation of the rights of any third party;

d) responding to requests for customer service; or

e) protecting the rights, property or the personal safety of Powerhouse Classic LLC, its visitors, users

and members, including the general public.

 

Powerhouse Classic LLC herein reserves the right to include the use of security components that may

permit digital information or material to be protected, and that such use of information and/or material is

subject to usage guidelines and regulations established by Powerhouse Classic LLC or any other content

providers supplying content services to Powerhouse Classic LLC. You are hereby prohibited from making

any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore,

unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied

by our Services, despite whether done so in whole or in part, is expressly prohibited.

 

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all

local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting

and/or transferring of software, technology and other technical data may be subject to the export and import

laws of the United States and possibly other countries. Through the use of our network, you thus agree to

comply with all applicable export and import laws, statutes and regulations, including, but not limited to,

the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the

sanctions control program of the United States (http://www.treasury.gov/resourcecenter/

sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:

a) are not on the list of prohibited individuals which may be identified on any government export

exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of

any other government which may be part of an export-prohibited country identified in applicable

export and import laws and regulations;

b) agree not to transfer any software, technology or any other technical data through the use of our

network Services to any export-prohibited country;

c) agree not to use our website network Services for any military, nuclear, missile, chemical or

biological weaponry end uses that would be a violation of the U.S. export laws; and

d) agree not to post, transfer nor upload any software, technology or any other technical data which

would be in violation of the U.S. or other applicable export and/or import laws.

 

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

Powerhouse Classic LLC shall not lay claim to ownership of any content submitted by any visitor , member

or user, or make such content available for inclusion on our website Services. Therefore, you hereby grant

and allow for Powerhouse Classic LLC the below listed worldwide, royalty-free and non-exclusive

licenses, as applicable:

a) The content submitted or made available for inclusion on the publicly accessible areas of

Powerhouse Classic LLC's sites, the license provided to permit to use, distribute, reproduce, modify,

adapt, publicly perform and/or publicly display said Content on our network Services is for the sole

purpose of providing and promoting the specific area to which this content was placed and/or made

available for viewing. This license shall be available so long as you are a member of Powerhouse

Classic LLC's sites, and shall terminate at such time when you elect to discontinue your

membership.

b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly

accessible areas of Powerhouse Classic LLC's sites, the license provided to permit to use, distribute,

reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network

Services are for the sole purpose of providing and promoting the specific area in which this content

was placed and/or made available for viewing. This license shall be available so long as you are a

member of Powerhouse Classic LLC's sites and shall terminate at such time when you elect to

discontinue your membership.

c) For any other content submitted or made available for inclusion on the publicly accessible areas of

Powerhouse Classic LLC's sites, the continuous, binding and completely sub-licensable license

which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly

perform and/or publicly display said content, whether in whole or in part, and the incorporation of

any such Content into other works in any arrangement or medium current used or later developed.

Those areas which may be deemed "publicly accessible" areas of Powerhouse Classic LLC's sites are those

such areas of our network properties which are meant to be available to the general public, and which

would include message boards and groups that are openly available to both visitors and members .

However, those areas which are not open to the public, and thus available to members only, would include

our mail system and instant messaging .

 

CONTRIBUTIONS TO COMPANY WEBSITE

Powerhouse Classic LLC provides an area for our users and members to contribute feedback to our website.

When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you

acknowledge and agree that:

a) your Contributions do not contain any type of confidential or proprietary information;

b) Powerhouse Classic shall not be liable or under any obligation to ensure or maintain confidentiality,

expressed or implied, related to any Contributions;

c) Powerhouse Classic shall be entitled to make use of and/or disclose any such Contributions in any

such manner as they may see fit;

d) the contributor's Contributions shall automatically become the sole property of Powerhouse Classic;

and

e) Powerhouse Classic is under no obligation to either compensate or provide any form of

reimbursement in any manner or nature.

 

INDEMNITY

All users and/or members herein agree to insure and hold Powerhouse Classic LLC, our subsidiaries,

affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or

demand, which may include, but is not limited to, reasonable attorney fees made by any third party, which

may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise

make available through our Services, the use of Powerhouse Classic Services or your connection with these

Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

 

COMMERCIAL REUSE OF SERVICES

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any

commercial reason any part, use of, or access to Powerhouse Classic's sites.

 

USE AND STORAGE GENERAL PRACTICES

You herein acknowledge that Powerhouse Classic LLC may set up any such practices and/or limits

regarding the use of our Services, without limitation of the maximum number of days that any email,

message posting or any other uploaded content shall be retained by Powerhouse Classic LLC, nor the

maximum number of email messages that may be sent and/or received by any member, the maximum

volume or size of any email message that may be sent from or may be received by an account on our

Service, the maximum disk space allowable that shall be allocated on Powerhouse Classic LLC's servers on

the member's behalf, and/or the maximum number of times and/or duration that any member may access

our Services in a given period of time. In addition, you also agree that Powerhouse Classic LLC has

absolutely no responsibility or liability for the removal or failure to maintain storage of any messages

and/or other communications or content maintained or transmitted by our Services. You also herein

acknowledge that we reserve the right to delete or remove any account that is no longer active for an

extended period of time. Furthermore, Powerhouse Classic LLC shall reserve the right to modify, alter

and/or update these general practices and limits at our discretion.

 

MODIFICATIONS

Powerhouse Classic LLC shall reserve the right at any time it may deem fit, to modify, alter and or

discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior

notice. In addition, we shall not be held liable to you or to any third party for any such alteration,

modification, suspension and/or discontinuance of our Services, or any part thereof.

 

TERMINATION

As a member of Powerhouse Classic LLC, you may cancel or terminate your account, associated email

address and/or access to our Services by submitting a cancellation or termination request to

customerservice@powerhouseclassic.com.

As a member, you agree that Powerhouse Classic LLC may, without any prior written notice, immediately

suspend, terminate, discontinue and/or limit your account, any email associated with your account, and

access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation

of access shall include, but is not limited to:

a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or

guideline;

b) by way of requests from law enforcement or any other governmental agencies;

c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;

d) unexpected technical or security issues and/or problems;

e) any extended periods of inactivity;

f) any engagement by you in any fraudulent or illegal activities; and/or

g) the nonpayment of any associated fees that may be owed by you in connection with your

Powerhouse Classic LLC account Services.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or

limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or

any other third party with regards to the termination of your account, associated email address and/or

access to any of our Services.

The termination of your account with Powerhouse Classic LLC shall include any and/or all of the

following:

a) the removal of any access to all or part of the Services offered within Powerhouse Classic LLC;

b) the deletion of your password and any and all related information, files, and any such content that

may be associated with or inside your account, or any part thereof; and

c) the barring of any further use of all or part of our Services.

 

ADVERTISERS

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located

on or through our Services, which may include the payment and/or delivery of such related goods and/or

Services, and any such other term, condition, warranty and/or representation associated with such dealings,

are and shall be solely between you and any such advertiser. Moreover, you herein agree that Powerhouse

Classic LLC shall not be held responsible or liable for any loss or damage of any nature or manner incurred

as a direct result of any such dealings or as a result of the presence of such advertisers on our website.

 

LINKS

Either Powerhouse Classic LLC or any third parties may provide links to other websites and/or resources.

Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites

or resources, and as such, we do not endorse nor are we responsible or liable for any content, products,

advertising or any other materials, on or available from such third party sites or resources. Furthermore, you

acknowledge and agree that Powerhouse Classic LLC shall not be responsible or liable, directly or

indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in

connection with the use of or the reliance on any such content, goods or Services made available on or

through any such site or resource.

 

PROPRIETARY RIGHTS

You do hereby acknowledge and agree that Powerhouse Classic LLC's Services and any essential software

that may be used in connection with our Services ("Software") shall contain proprietary and confidential

material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein

acknowledge and agree that any Content which may be contained in any advertisements or information

presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or

other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law

or as authorized by Powerhouse Classic LLC or such applicable licensor, you agree not to alter, modify,

lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works

which are based on Powerhouse Classic LLC Services (e.g. Content or Software), in whole or part.

Powerhouse Classic LLC herein has granted you personal, non-transferable and non-exclusive rights and/or

license to make use of the object code or our Software on a single computer, as long as you do not, and shall

not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer,

reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense,

grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do

herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any

modified versions of the Software, including and without limitation, for the purpose of obtaining

unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services

through any means other than through the interface which is provided by Powerhouse Classic LLC for use

in accessing our Services.

 

WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

a) THE USE OF POWERHOUSE CLASSIC LLC SERVICES AND SOFTWARE ARE AT THE

SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN

"AS IS" AND/OR "AS AVAILABLE" BASIS. POWERHOUSE CLASSIC LLC AND OUR

SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND

LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND

WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY

IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE AND NON-INFRINGEMENT.

b) POWERHOUSE CLASSIC LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES,

AGENTS, PARTNERS AND LICESNSORS MAKE NO SUCH WARRANTIES THAT (i)

POWERHOUSE CLASSIC LLC SERVICES OR SOFTWARE WILL MEET YOUR

REQUIREMENTS; (ii) POWERHOUSE CLASSIC LLC SERVICES OR SOFTWARE SHALL

BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS

WHICH MAY BE OBTAINED FROM THE USE OF THE POWERHOUSE CLASSIC LLC

SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY

PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE

PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL

MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE

SOFTWARE SHALL BE CORRECTED.

c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY WAY

OF POWERHOUSE CLASSIC LLC SERVICES OR SOFTWARE SHALL BE ACCESSED BY

YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY

RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF

ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET

ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT

COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR

MATERIAL.

d) NO ADVICE AND/OR INFORMATION, DESPITE WETHER WRITTEN OR ORAL, THAT

MAY BE OBTAINED BY YOU FROM POWERHOUSE CLASSIC LLC OR BY WAY OF OR

FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT

EXPRESSLY STATED IN THE TOS.

e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF

EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR

BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE

USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY

UNKNOWN CONDITION OR UNDETECTED ELILEPTIC SYMPTOM IN USERS WHO

HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,

ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC

CONDITION, PLEASE CONSULT A PHYSICAN IF YOU EXPERIENCE ANY OF THE

FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISON,

EYE OR MUSCLE TWITCHES, LOSS OF AWARNESS, DISORIENTATION, ANY

INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT POWERHOUSE

CLASSIC LLC AND OUR SUBISDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,

PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE,

INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENIAL OR EXEMPLARY DAMAGES,

INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF

ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGILBE LOSSES, EVEN

THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY

OCCUR, AND RESULT FROM:

a) THE USE OR INABILITY TO USE OUR SERVICE;

b) THE COST OF PRECURING SUBSTITUTE GOODS AND SERVICES;

c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS

AND/OR DATA;

d) STATEMENTS OR CONDUCT OF ANY SUCH THRID PARTY ON OUR SERVICE;

e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

 

SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS

Should you intend to create or to join any service, receive or request any such news, messages, alerts or

other information from our Services concerning companies, stock quotes, investments or securities, please

review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this

particular type of information, the phrase "Let the investor beware" is appropriate. Powerhouse Classic

LLC's content is provided primarily for informational purposes, and no content that shall be provided or

included in our Services is intended for trading or investing purposes. Powerhouse Classic LLC and our

licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information

transmitted and/or made available by way of our Services, and shall not be responsible or liable for any

trading and/or investment decisions based on any such information.

 

EXCLUSION AND LIMITATIONS

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN

WARRANTIES OR THE LIMITATION OF EXCLUSION OF LAIBILITY FOR INCIDENTAL OR

CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF

SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO

YOU.

 

THIRD PARTY BENEFICIARIES

You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there

shall be third-party beneficiaries to this agreement.

 

NOTICE

Powerhouse Classic LLC may furnish you with notices, including those with regards to any changes to the

TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our

website Services, or other reasonable means currently known or any which may be herein after developed.

Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an

unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have

received any and all notices that would have been delivered had you accessed our Services in an authorized

manner.

 

TRADEMARK INFORMATION

You herein acknowledge, understand and agree that all of the Powerhouse Classic LLC trademarks,

copyright, trade name, service marks, and other Powerhouse Classic LLC logos and any brand features,

and/or product and service names are trademarks and as such, are and shall remain the property of

Powerhouse Classic LLC. You herein agree not to display and/or use in any manner the Powerhouse

Classic LLC logo or marks.

 

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES

Powerhouse Classic LLC will always respect the intellectual property of others, and we ask that all of our

users to the same. With regards to appropriate circumstances and at its sole discretion, Powerhouse Classic

LLC may disable and/or terminate the accounts of any user who repeatedly violates our TOS and/or

infringes the rights of others. If you feel that your work has been duplicated in such a way that would

constitute copyright infringement, or if you believe your intellectual property rights have been otherwise

violated, you should provide to us the following information:

a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of

the copyright or other intellectual property interest;

b) A description of the copyrighted work or other intellectual property that you believe has been

infringed upon;

c) A description of the location of the site which you allege has been infringing upon your work;

d) The physical address, telephone number, and email address;

e) A statement, in which you state that the alleged and disputed use of your work is not authorized by

the copyright owner, its agents or the law;

f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your

notice is the truth and accurate, and that you are the copyright or intellectual property owner,

representative or agent authorized to act on the copyright or intellectual property owner's behalf.

The Powerhouse Classic LLC Agent for notice of claims of copyright or other intellectual property

infringement can be contacted as follows:

 

Mailing Address:

Powerhouse Classic LLC

Attn: Copyright Agent

19825-B North Cove Rd. Ste. 207

Cornelius, North Carolina 28031

Telephone: 1-877-468-6790

Fax: 704-659-4191

Email: info@powerhouseclassic.com

 

CLOSED CAPTIONING

BE IT KNOWN, that Powerhouse Classic LLC complies with all applicable Federal Communications

Commission rules and regulations regarding the closed captioning of video content. For more information,

please visit our website at Powerhouse Classic LLC.

 

GENERAL INFORMATION

 

ENTIRE AGREEMENT

This TOS constitutes the entire agreement between you and Powerhouse Classic LLC and shall govern the

use of our Services, superseding any prior version of this TOS between you and us with respect to

Powerhouse Classic LLC Services. You may also be subject to additional terms and conditions that may

apply when you use or purchase certain other Powerhouse Classic LLC Services, affiliate Services, third party

content or third-party software.

 

CHOICE OF LAW AND FORUM

It is at the mutual agreement of both you and Powerhouse Classic LLC with regard to the TOS that the

relationship between the parties shall be governed by the laws of the state of North Carolina without regard

to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of

or relating to the TOS, or the relationship between you and Powerhouse Classic LLC, shall be filed within

the courts having jurisdiction within the County of United States Of America, North Carolina or the U.S.

District Court located in said state. You and Powerhouse Classic LLC agree to submit to the jurisdiction of

the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction

over the parties by such courts and to venue in such courts.

 

WAIVER AND SEVERABILITY OF TERMS

At any time, should Powerhouse Classic LLC fail to exercise or enforce any right or provision of the TOS,

such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by

a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor

to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS

remain in full force and effect.

 

NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY

You acknowledge, understand and agree that your account is non-transferable and any rights to your ID

and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death

certificate, your account may be terminated and all contents therein permanently deleted.

 

STATUTE OF LIMITATIONS

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or

action arising out of or related to the use of our Services or the TOS must be filed within 3 year(s) after said

claim or cause of action arose or shall be forever barred.

 

VIOLATIONS

Please report any and all violations of this TOS to Powerhouse Classic LLC as follows:

Mailing Address:

Powerhouse Classic LLC

Attn: Copyright Agent

19825-B North Cove Rd. Ste. 207

Cornelius, North Carolina 28031

Telephone: 1-877-468-6790

Fax: 704-659-4191

Email: info@powerhouseclassic.com

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Got Questions: 1-877-468-6790

2015 Powerhouse Classic. ALL RIGHTS RESERVED

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