Posted/Revised: January 1, 2021

TERMS OF USE

Thank you for visiting MPOWR. MPOWR and our Site www.mpowr.com which is owned and operated by MPOWR Group, LLC (referred to as “MPOWR,” “We,” or “Us”). The Site provides informational content related to the products and services provided by MPOWR (the “Services”).

This Site Terms of Use (“Terms of Use“) and our related Privacy Policy constitute a binding agreement between you and MPOWR. Please read carefully through all sections of these Terms of Use. Your access to and use of the Site are subject to these Terms of Use, the Privacy Policy and all applicable laws. By registering, creating an account, accessing and/or otherwise using the Site, or otherwise submitting your contact information to receive more information from Us through the Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, then you may not use the Site and you should not register with or submit your contact information to the Site.

We reserve the right, at any time, to add to, change, update or modify these Terms of Use, simply by posting such change, update, or modification on the Site and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Site. Accordingly, it is your responsibility to review the Terms of Use from time to time to ensure that you continue to agree with them. Each time you access or the Site, you agree to be bound by the then-current Terms of Use.

User Registration/Requesting Information

You must be eighteen (18) years of age or older to use the Site. You may not use the Site and should not register with or submit your contact information to the Site if you are less than eighteen (18) years of age.

Certain users may be able to register, create an account or otherwise provide information in order to access certain features of the Site. If so, you may choose a user name and a password through the Site registration process. You are responsible for keeping any user name and password you create with the Site confidential. You are responsible for all activities and purchases (whether by you or by others) that occur under your password and/or account. You agree to notify Us immediately of any unauthorized use of your account or any other breach of security. MPOWR will not be liable for any loss or damage arising from your failure to keep your account information protected.

By registering for an account on the Site and/or providing information through the Site, you assert that you are a real person and that your information is true and accurate to the best of your knowledge. You agree not to submit false information when registering and/or providing information on or through the Site. By registering with the Site and/or providing information through the Site, you consent to receive periodic communications from MPOWR, and their affiliates, employees, agents, representatives and any third party service provider of MPOWR regarding your inquiry or in obtaining the Services. For more information on how We may use the information you provide during registration or otherwise provide to us, please see the Privacy Policy.

Proprietary Rights

MPOWR or its licensors own all trademarks and service marks appearing on the Site. The unauthorized use or misuse of these trademarks and service marks is prohibited. You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of MPOWR’s or its licensors’ intellectual property rights. You may not copy or post any content of the Site in any other public forum without the written consent of MPOWR, including other Site, web services, or print publications. You may download and/or print one copy of individual pages of the Site or documents available for download for your personal, non-commercial use.

The Services are owned and operated by MPOWR and contain materials(including but not limited to all software, design, text, photographs, illustrations, audio and/or video clips, names, logos, trademarks) which are derived in whole or in part from materials supplied by MPOWR and its partners, affiliates, employees, agents and representatives, as well as other sources. The Services and materials contained therein are protected in whole or in part by U.S. copyright laws, international treaty provisions, trademarks, service marks, U.S. patent laws and/or other intellectual property laws. You agree to abide by all applicable intellectual property laws, as well as any additional notices, such as copyright notices or restrictions, contained in the Services. You acknowledge that the Services and materials contained therein constitute valuable intellectual property of MPOWR  and its licensors. You agree to protect the proprietary rights of MPOWR and its licensors. You agree to notify Us immediately upon becoming aware of any claim that the Services infringe upon any intellectual property rights of another. All present and future rights in and to any intellectual property in the Services and materials therein, including, for example, trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights, shall, as between you and us, remain the exclusive and sole property of MPOWR. Any unauthorized use of the Services or materials contained therein may violate intellectual property laws.

License

Subject to your compliance with these Terms of Use, MPOWR grants you a limited, non-exclusive, non-sublicensable, non-transferrable and revocable right to access and use the Services only for your own internal, personal or non-commercial use, and only in a manner that complies with the legal requirements that apply to you and your use of the Services. We may revoke this license at any time, in its sole discretion. Upon any such revocation, you must promptly destroy all materials downloaded or otherwise obtained from the Services, as well as copies of such materials.

Your Communications to the Site

Except to the extent your content or communications include Personal Information (as defined in the Privacy Policy), by forwarding any content or communications to Us through the Site or by other electronic means, you grant MPOWR a perpetual, royalty-free, world-wide, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content and communications in any form for the purposes of providing the Services and any purpose tangentially related to the Services. As to your Personal Information, We will only use it in accordance with the Privacy Policy. No compensation will be paid with respect to MPOWR’s or its sublicensees’ use of the information in your communications. MPOWR is under no obligation to post or use any content and communications you may provide and may remove any content or communication at any time in MPOWR’s sole discretion. By posting, uploading, inputting, providing or submitting content, you represent and warrant that you own or otherwise control all of the rights to your submitted content and communications as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content and communications and grant the license above.

Prohibited Activities

The following activities are expressly prohibited from the Site:

  • Creating a username in violation of anyone’s trade secret, copyright, or other intellectual property right.
  • Creating a username that contains offensive content. Offensive content may include, but is not limited to, obscene language, obscene references, threatening or harassing messages or defamatory statements.
  • Using or submitting any offensive content including, but not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, or defamatory statements.
  • Engaging in activity that compromises the Site. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, and mail bombing or crashing.
  • Engaging in any activity designed to impede the use of the Site by other users, including overloading and flooding.
  • Framing or deep linking into the Site.
  • Accessing the Site by means of automated process, spiders, bots or similar device.

Federal and State Laws

When using the Site or when using any other media provided by MPOWR, you must obey all applicable federal, state and local laws. Any use of the Site that violates any applicable laws will be grounds for discontinuing your rights to access the Site.

Disclaimer of Representations and Warranties

EXCEPT AS OTHERWISE PROVIDED HEREIN, THIS SITE AND THE INFORMATION PROVIDED THROUGH IT AND ANY REFERENCED THIRD-PARTY SITES AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. INFORMATION REGARDING THIRD-PARTY GOODS OR SERVICES IS SUPPLIED AS A CONVENIENCE TO YOU AND THEIR LISTING ON THE SITE DOES NOT CONSTITUTE A SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT OF THE THIRD PARTY GOODS OR SERVICES. MPOWR DISCLAIMS ALL EXPRESS AND IMPLIED REPRESENTATIONS AND WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

MPOWR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR ANY CONTENT ON THE SITE INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS OR WARRANTIES REGARDING THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

BY PROVIDING THE SERVICES ON THE SITE, MPOWR DOES NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. MPOWR IS ENTITLED TO TERMINATE ALL OR ANY PART OF THE SITE AT ANY TIME, IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU.

Limitation of Liability

THE LIABILITY OF MPOWR AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD PARTY SERVICE PROVIDERS (COLLECTIVELY, “MPOWR PARTIES”) WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, OR THE RENDITION OF SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT OF ONE HUNDRED DOLLARS ($100).

IN NO EVENT WILL THE MPOWR PARTIES BE LIABLE TO ANY PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR SIMILAR DAMAGES OR FOR ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR LOSS OF DATA RELATED TO OR ARISING FROM YOUR USE OF THE SITE, EVEN IF MPOWR IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend and hold harmless the MPOWR Parties for any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Site. Such acts may include but are not limited to submissions, unauthorized use of material obtained through the Site, or breach of these Terms of Use.

Third-Party Links

The Site may contain links to other third-party Sites. Such third-party sites are maintained by persons or organizations over which MPOWR exercises no control. MPOWR expressly disclaims any responsibility for the content or results from your use of such third-party links. All third party sites are provided in their AS-IS condition.

Copyright Complaints

MPOWR respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MPOWR’s agent with the following information.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • Description of the copyrighted work that you claim has been infringed;
  • The location on the Site of the material that you claim is infringing;
  • Your address, telephone number and e-mail address;
  • A statement that your claim of infringement is based on a good faith belief; and
  • A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

MPOWR’s agent for notice of claims of copyright infringement on the Site can be reached as follows:

MPOWR
Attn. Legal Counsel
303 N. Main Street, Suite 800
Rockford, IL 61101
copyright@mpowr.com

Miscellaneous Provisions

Severability. If any term or provision in these Terms of Use is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms of Use in its entirety, and the remainder of these Terms of Use shall survive with the said offending provision eliminated.

Site Availability. MPOWR cannot guarantee the Site will be available 100% of the time Because public networks, such as the internet, occasionally experience disruptions and for other reasons that may be outside of the control of MPOWR. Although MPOWR strives to provide the most reliable Site reasonably possible, interruptions and delays in accessing the Site are unavoidable and MPOWR disclaims any liability for damages resulting from such problems.

Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site’ postings as accurate as possible, but MPOWR does not warrant the content of the Site is accurate, complete, reliable, current, or error-free.

Controlling Law and Venue. It is understood and agreed that the construction and interpretation of these Terms of Use and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of Illinois, USA, without giving effect to the conflict of laws provisions thereof. Venue of any action brought to enforce or relating to these Terms of Use or arising out of the relationship between the parties shall be brought exclusively in the state or federal courts located in Rockford, Illinois and the parties waive any objections or defenses to such jurisdiction including, without limitation, defenses of forum non-conveniens.

Questions

If you have any questions about MPOWR, the Site, our products, the Services, the Privacy Policy, or these Terms of Use, you may contact Us at:

MPOWR
Attn. Legal Counsel
303 N. Main Street, Suite 800
Rockford, IL 61101
privacy@mpowr.com