Powellvine User Agreement

1. DISCLAIMERS AND LIMITATIONS ON LIABILITY.

powellvine.com AND ITS AFFILIATED SOCIAL MEDIA ACCOUNTS ARE BEING PROVIDED BY Powellvine "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, Powellvine DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SITES AND FORUMS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. USER AGREES THAT Powellvine WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN USER AND ANY SELLER, AND USER HEREBY EXPRESSLY WAIVES ANY SUCH CLAIM AGAINST Powellvine AND ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS AND REPRESENTATIVES. Powellvine DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY SELLER OR SUPPLIERS. Powellvine DOES NOT MAKE ANY REPRESENTATIONS THAT ACCESS TO SITES AND FORUMS WILL BE UNINTERRUPTED OR ERROR-FREE, AND Powellvine ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY USER’S ACCESS, OR INABILITY TO ACCESS, SITES AND FORUMS, INCLUDING, BUT NOT LIMITED TO, USER’S INABILITY TO RECEIVE DISCOUNTS OR APPLY COUPONS BY PURCHASING ITEMS WITH A PARTICIPATING SELLER. IN NO EVENT, SHALL Powellvine BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION TO COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH USER’S USE OF SITES AND FORUMS; ANY ACT OR OMISSION BY Powellvine IN ADMINISTERING SITES AND FORUMS; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF SELLERS OR SUPPLIERS, EVEN IF Powellvine HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. USER AGREES TO INDEMNIFY AND HOLD Powellvine, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF USER’S USE OF SITES AND FORUMS, THE VIOLATION OF THESE TERMS AND CONDITIONS BY USER, OR THE INFRINGEMENT BY USER, OR ANY OTHER USER OF USER’S ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY MEMBER COMMUNICATIONS.

2. AMENDMENT TO AGREEMENT.

THE "TERMS AND CONDITIONS" SET FORTH WITHIN THIS AGREEMENT MAY CHANGE FROM TIME TO TIME; Powellvine WILL POST THOSE CHANGES ON THIS PAGE. USER CONSENTS TO BE BOUND BY ALL THE SAID "TERMS AND CONDITIONS," INCLUDING ANY AND ALL UPDATES THERETO. Powellvine WILL NOT BE RESPONSIBLE IF USER DOES NOT LEARN OF THE CHANGES. IT IS USER’S RESPONSIBILITY TO VISIT THIS PAGE REGULARLY TO DETERMINE WHETHER THIS AGREEMENT HAS BEEN MODIFIED OR CHANGED. IF USER DOES NOT AGREE TO ANY MODIFICATION TO THE AGREEMENT, USER SHALL IMMEDIATELY TERMINATE THE USER NAME, PASSWORD, AND REGISTRATION AND STOP USING HIS/HER/ITS ACCOUNT.

3. Compliance with Laws and Regulations. 

User agrees to comply with all applicable laws, rules and regulations. User may participate in Sites and Forums if and to the extent that such participation is permitted by such laws, rules and regulations. Powellvine may refuse to enroll, or restrict, modify or terminate the username, password and registration without liability to User or to any other third party if User violates any law, rule or regulation, of if User’s participation could raise the concern of violating any law, rule or regulation.

4. Proprietary Rights to Content.

User acknowledges that the Sites and Forums content, including but not limited to: text, sounds, photographs, graphics, or other material contained in any communication, advertisements or messages, whether by Powellvine or Powellvine’s advertisers, Seller or affiliated merchants, and service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. User is only permitted to use content, service, or software as expressly authorized by Powellvine, its advertisers, Seller and affiliated merchants, as the case may be. User acknowledges that all the intellectual property rights in the Sites and Forums are owned by Powellvine or Powellvine’s licensors. The provision of the Sites and Forums does not transfer to User or any third party any rights, title or interest in or to such intellectual property rights.

5. Privacy Policy.

Powellvine takes User’s privacy seriously and makes reasonable efforts to protect User’s privacy. Please read this section carefully before sharing any personally identifiable information described below:
1)Powellvine will collect the personal information that User provides when User registers, takes a survey, signs up for notifications, registers for a sweepstakes or giveaway, sends emails to powellvine or otherwise sends powellvine the User’s information. This information may include User’s name, email address and other information that can be used to identify User. User may use some of the powellvine’s service without providing any personal information. However, some features in protecting User’s information may not be currently available.

Each time User uses powellvine’s service, powellvine also collects non-personal information from User, such as User’s browser type, the URL of the previous website User visited, ISP, operating system, and IP Address. If User accesses the Sites and Forums from a mobile or other types of device, powellvine may collect a unique device identifier assigned to that device or other transactional information for that device. If User receives email or alert from powellvine, powellvine will track related information such as if an email or alert is opened and whether User clicks on an ad or offer contained in such a message. In addition, like the operators of most web sites, powellvine uses analytic and reporting technologies to record information such as Internet domain and host names, Internet protocol (IP) addresses, browser software and operating system types, clickstream patterns, and the dates and times that the Properties and the other Services are accessed.

If User visits Sites and Forums via a third party service provider like Facebook, Google, etc., powellvine will access the information described in the request for authorization. User should review the privacy settings with these third party service providers ensure User is only sharing information that User wishes.

2) Any of the information powellvine collects from User may be used in one of the following ways:
To personalize User’s experience (User’s information helps powellvine to better respond to individual needs.)

• To improve Sites and Forums (powellvine continually strives to improve Sites and Forums offerings based on the information and feedback received from User.)

• To improve customer service (User’s information helps powellvine to more effectively respond to customer service requests and support needs.)

• To administer a contest, promotion, survey or other site feature.

• To send periodic emails and alerts (The email address User provides for subscription will only be used to send User the information and updates pertaining to Sites and Forums, and the deal information User requested. If User decides to opt-in to powellvine’s mailing list, User will receive messages that may include offers, coupons, and company news, updates, related product or service information, etc. powellvine includes detailed unsubscribe instructions at the bottom of each email message. At any time, User may unsubscribe from receiving future messages.)

• To enforce the policies and the Terms and Conditions of this Agreement.

3) The security of User’s personal information is very important to powellvine and powellvine takes commercially reasonable steps to attempt to secure User’s personal information. However, due to the inherent open nature of the Internet, powellvine cannot guarantee that communications between User and powellvine or information stored or transmitted through the Sites and Forums, will be completely free from unauthorized access by third parties, and User’ use of Sites and Forums constitutes User’s assumption of this risk.

4) Powellvine uses cookies to understand and save User’s preferences for future visits, keep track of advertisements and compile aggregate data about Sites and Forums traffic and interaction so that Powellvine can offer better site experiences and tools in the future. Powellvine may contract with third-party service providers to assist Powellvine in better understanding Sites and Forums visitors. These service providers are not permitted to use the information collected on Powellvine’s behalf except to help Powellvine conduct and improve services.
Google, as a third party vendor, uses cookies to serve ads on our site. Google's use of the DART cookie enables it to serve ads to our users based on their visits to the sites and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

In order to better serve our users and provide interesting offers and coupons to them, Demographics and Interest Reporting is enabled in Google Analytics. Information in the report will not be shared with any 3rd parties. Visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings.

5) Powellvine does not sell, trade, or otherwise transfer to outside parties User’s personal information. This does not include trusted third parties who assist Powellvine in operating the Sites and Forums, conducting the business, or servicing Users, so long as those parties agree to keep User’s personal information confidential. Powellvine may also release User’s information when Powellvine believes release is appropriate to comply with the law, enforce site policies, or protect Powellvine’s or other’s rights, property, or safety. However, non-personal information may be provided to other parties for marketing, advertising, or other proper uses.

6) Powellvine includes or offers web links to third party products or services on Sites and Forums. These third party sites have separate and independent privacy policies. Powellvine therefore has no responsibility or liability for the content and activities of these linked sites. Nonetheless, Powellvine seeks to protect the integrity of Sites and Forums and welcome any feedback about these sites. Some links might be provided by the advertisers. If the User clicks on the advertised offer, they will be redirected to the advertiser's site via affiliate cookies.

7) This online privacy policy applies only to information collected through online Sites and Forums and does not apply to information collected offline.

6. Suspension and Termination.

(1) We may suspend or terminate your account for any reason or no reason. Possible reasons for suspending or terminating an account may include when you violate the Terms and Conditions, when you cause liability to other users of the Site, or when you do not use your account.

(2) Any violation of the Terms and Conditions of this Agreement is a ground for the termination of the user name, password and registration.

(3) Powellvine reserves the right to terminate the user name, password and registration, if User’s account is inactive for twenty-four (24) consecutive months or if the account has been associated with any legally questionable activity.

7. Waiver.

Powellvine’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

8. Choice of Law.

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without reference to conflicts of law rules, and User consents to exclusive jurisdiction and venue in the courts located in Collin County, Texas for all matters in connection with this Agreement or User’s use of Powellvine.

9. Severability of Provisions.

Any provision (or part thereof) of this Agreement which is found to be invalid, prohibited, or unenforceable, shall be ineffective only to the extent of such prohibition and unenforceability, without invalidating the remainder of the provision or the remaining provisions hereof. To the extent permitted by the applicable law, each of the parties hereto hereby waives any provision of law which prohibits or renders unenforceable any provisions hereof in any respect.