Terms & Conditions

            
1.     ACCEPTANCE OF TERMS
 The services that PowerTech Mobile provides to User is subject to the  following Terms of Use ("TOU"). PowerTech Mobilere serves the right to  update the TOU at any time without notice to User. The most current  version of the TOU can be reviewed by clicking on the "Terms of Use"  hypertext link located at the bottom of our Web pages. 
A.    This  Agreement, which incorporates by reference other provisions applicable  to use of [WWW.POWERTECHMOBILE.COM], including, but not limited to,  supplemental terms and conditions set forth hereof ("Supplemental  Terms") governing the use of certain specific material contained in  [WWW.POWERTECHMOBILE.COM], sets forth the terms and conditions that  apply to use of [WWW.POWERTECHMOBILE.COM] by User. By using PowerTech  Mobile (other than to read this Agreement for the first time), User  agrees to comply with all of the terms and conditions hereof. The right  to use [WWW.POWERTECHMOBILE.COM] is personal to User and is not  transferable to any other person or entity. User is responsible for all  use of User's Account (under any screen name or password) and for  ensuring that all use of User's Account complies fully with the  provisions of this Agreement. User shall be responsible for protecting  the confidentiality of User's password(s), if any. 
B.    PowerTech  Mobile shall have the right at any time to change or discontinue any  aspect or feature of [WWW.POWERTECHMOBILE.COM], including, but not  limited to, content, hours of availability, and equipment needed for  access or use. 
2.     Changed Terms
    PowerTech Mobile shall have the right at any time to change or modify  the terms and conditions applicable to User's use of  [WWW.POWERTECHMOBILE.COM], or any part thereof, or to impose new  conditions, including, but not limited to, adding fees and charges for  use. Such changes, modifications, additions or deletions shall be  effective immediately upon notice thereof, which may be given by means  including, but not limited to, posting on [WWW.POWERTECHMOBILE.COM], or  by electronic or conventional mail, or by any other means by which User  obtains notice thereof. Any use of [WWW.POWERTECHMOBILE.COM] by User  after such notice shall be deemed to constitute acceptance by User of  such changes, modifications or additions. 
3.     DESCRIPTION OF SERVICES
Through  its Web property, PowerTech Mobile provides User with access to a  variety of resources, including download areas, communication forums and  product information (collectively "Services"). The Services, including  any updates, enhancements, new features, and/or the addition of any new  Web properties, are subject to the TOU. 
4.     Equipment
 
User  shall be responsible for obtaining and maintaining all telephone,  computer hardware, software and other equipment needed for access to and  use of [WWW.POWERTECHMOBILE.COM] and all charges related thereto. 
5.   User Conduct
A.    User  shall use [WWW.POWERTECHMOBILE.COM] for lawful purposes only. User  shall not post or transmit through [WWW.POWERTECHMOBILE.COM] any  material which violates or infringes in any way upon the rights of  others, which is unlawful, threatening, abusive, defamatory, invasive of  privacy or publicity rights, vulgar, obscene, profane or otherwise  objectionable, which encourages conduct that would constitute a criminal  offense, give rise to civil liability or otherwise violate any law, or  which, without PowerTech Mobile's express prior approval, contains  advertising or any solicitation with respect to products or services.  Any conduct by a User that in PowerTech Mobile's discretion restricts or  inhibits any other User from using or enjoying  [WWW.POWERTECHMOBILE.COM] will not be permitted. User shall not use  [WWW.POWERTECHMOBILE.COM] to advertise or perform any commercial  solicitation, including, but not limited to, the solicitation of users  to become subscribers of other on-line information services competitive  with PowerTech Mobile. 
B.    [WWW.POWERTECHMOBILE.COM]  contains copyrighted material, trademarks and other proprietary  information, including, but not limited to, text, software, photos,  video, graphics, music and sound, and the entire contents of  [WWW.POWERTECHMOBILE.COM] are copyrighted as a collective work under the  [CANADA] copyright laws. PowerTech Mobile owns a copyright in the  selection, coordination, arrangement and enhancement of such content, as  well as in the content original to it. User may not modify, publish,  transmit, participate in the transfer or sale, create derivative works,  or in any way exploit, any of the content, in whole or in part. User may  download copyrighted material for User's personal use only. Except as  otherwise expressly permitted under copyright law, no copying,  redistribution, retransmission, publication or commercial exploitation  of downloaded material will be permitted without the express permission  of PowerTech Mobile and the copyright owner. In the event of any  permitted copying, redistribution or publication of copyrighted  material, no changes in or deletion of author attribution, trademark  legend or copyright notice shall be made. User acknowledges that it does  not acquire any ownership rights by downloading copyrighted material. 
C.    User  shall not upload, post or otherwise make available on  [WWW.POWERTECHMOBILE.COM] any material protected by copyright, trademark  or other proprietary right without the express permission of the owner  of the copyright, trademark or other proprietary right and the burden of  determining that any material is not protected by copyright rests with  User. User shall be solely liable for any damage resulting from any  infringement of copyrights, proprietary rights, or any other harm  resulting from such a submission. By submitting material to any public  area of [WWW.POWERTECHMOBILE.COM], User automatically grants, or  warrants that the owner of such material has expressly granted PowerTech  Mobile the royalty-free, perpetual, irrevocable, non-exclusive right  and license to use, reproduce, modify, adapt, publish, translate and  distribute such material (in whole or in part) worldwide and/or to  incorporate it in other works in any form, media or technology now known  or hereafter developed for the full term of any copyright that may  exist in such material. User also permits any other User to access,  view, store or reproduce the material for that User's personal use. User  hereby grants PowerTech Mobile the right to edit, copy, publish and  distribute any material made available on [WWW.POWERTECHMOBILE.COM] by  User. 
D.    The  foregoing provisions of Section 5 are for the benefit of PowerTech  Mobile its subsidiaries, affiliates and its third party content  providers and licensors and each shall have the right to assert and  enforce such provisions directly or on its own behalf. 
6. USE OF SERVICES
The  Services may contain e-mail services, bulletin board services, chat  areas, news groups, forums, communities, personal web pages, calendars,  photo albums, file cabinets and/or other message or communication  facilities designed to enable User to communicate with others (each a  "Communication Service" and collectively "Communication Services"). User  agrees to use the Communication Services only to post, send and receive  messages and material that are proper and, when applicable, related to  the particular Communication Service. By way of example, and not as a  limitation, User agrees that when using the Communication Services, User  will not: 
Use  the      Communication Services in connection with surveys, contests,  pyramid      schemes, chain letters, junk email, spamming or any  duplicative or      unsolicited messages (commercial or otherwise). 
Defame,  abuse, harass, stalk, threaten      or otherwise violate the legal  rights (such as rights of privacy and      publicity) of others. 
 Publish,  post, upload, distribute      or disseminate any inappropriate,  profane, defamatory, obscene, indecent      or unlawful topic, name,  material or information. 
Upload,  or otherwise make available,      files that contain images,  photographs, software or other material      protected by intellectual  property laws, including, by way of example, and      not as limitation,  copyright or trademark laws (or by rights of privacy or      publicity)  unless User own or control the rights thereto or have received      all  necessary consent to do the same. 
Use  any material or information,      including images or photographs,  which are made available through the      Services in any manner that  infringes any copyright, trademark, patent,      trade secret, or other  proprietary right of any party. 
 Upload  files that contain viruses,      Trojan horses, worms, time bombs,  cancelbots, corrupted files, or any      other similar software or  programs that may damage the operation of      another's computer or  property of another. 
Advertise  or offer to sell or buy any      goods or services for any business  purpose, unless such Communication      Services specifically allows  such messages. 
Download  any file posted by another user      of a Communication Service that  User know, or reasonably should know,      cannot be legally reproduced,  displayed, performed, and/or distributed in      such manner. 
 Falsify  or delete any copyright      management information, such as author  attributions, legal or other proper      notices or proprietary  designations or labels of the origin or source of      software or other  material contained in a file that is uploaded. 
 Restrict or inhibit any other user      from using and enjoying the Communication Services. 
 Violate any code of conduct or      other guidelines which may be applicable for any particular Communication      Service. 
 Harvest or otherwise collect      information about others, including e-mail addresses. 
 Violate any applicable laws or      regulations. 
Create a false identity for the purpose      of misleading others. 
Use,  download or otherwise copy, or      provide (whether or not for a fee)  to a person or entity any directory of      users of the Services or  other user or usage information or any portion      there of. 
PowerTech  Mobile has no obligation to monitor the Communication Services.  However, PowerTech Mobile are serves the right to review materials  posted to the Communication Services and to remove any materials in its  sole discretion. PowerTech Mobile reserves the right to terminate User’s  access to any or all of the Communication Services at any time, without  notice, for any reason whatsoever. PowerTech Mobile reserves the right  at all times to disclose any information as it deems necessary to  satisfy any applicable law, regulation, legal process or governmental  request, or to edit, refuse to post or to remove any information or  materials, in whole or in part, in [POWERTECH MOBILE]'s sole discretion.  
Always  use caution when giving out any personally identifiable information in  any Communication Services. PowerTech Mobile does not control or endorse  the content, messages or information found in any Communication  Services and, therefore, PowerTech Mobile specifically disclaims any  liability with regard to the Communication Services and any actions  resulting from User’s participation in any Communication Services.  Managers and hosts are not authorized PowerTech Mobile spokespersons,  and their views do not necessarily reflect those of [POWERTECH MOBILE]. 
 7.     MEMBER ACCOUNT, PASSWORD, AND SECURITY
If  any of the Services requires User to open an account, User must  complete the registration process by providing PowerTech Mobile with  current, complete and accurate information as prompted by the applicable  registration form. User also will choose a password and a user name.  User is entirely responsible for maintaining the confidentiality of  User’s password and account. Furthermore, User is entirely responsible  for any and all activities that occur under User’s account. User agrees  to notify PowerTech Mobile immediately of any unauthorized use of User’s  account or any other breach of security. PowerTech Mobile will not be  liable for any loss that User may incur as a result of someone else  using User’s password or account, either with or without User’s  knowledge. However, User could be held liable for losses incurred by  PowerTech Mobile or another party due to someone else using User’s  account or password. User may not use anyone else's account at any time,  without the permission of the account holder. 
8.     NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WWW.POWERTECHMOBILE.COM
Any  software that is made available to download from the Services  ("Software") is the copyrighted work of PowerTech Mobile and/or its  suppliers. Use of the Software is governed by the terms of the end user  license agreement, if any, which accompanies or is included with the  Software ("License Agreement"). An end user will be unable to install  any Software that is accompanied by or includes a License Agreement,  unless he or she first agrees to the License Agreement terms. 
The  Software is made available for download solely for use by end users  according to the License Agreement. Any reproduction or redistribution  of the Software not in accordance with the License Agreement is  expressly prohibited by law, and may result in severe civil and criminal  penalties. Violators will be prosecuted to the maximum extent possible.  
WITHOUT  LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY  aOTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS  EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS  EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.  THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF  THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT,  PowerTech Mobile HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH  REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF  MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A  PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 
FOR  YOUR CONVENIENCE, PowerTech Mobile MAY MAKE AVAILABLE AS PART OF THE  SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR  DOWNLOAD. PowerTech Mobile DOES NOT MAKE ANY ASSURANCES WITH REGARD TO  THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY  SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY  RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON  THE SERVICES.
9.     NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WWW.POWERTECHMOBILE.COM
Permission  to use Documents (such as white papers, press releases, datasheets and  FAQs) from the Services is granted, provided that (1) the below  copyright notice appears in all copies and that both the copyright  notice and this permission notice appear, (2) use of such Documents from  the Services is for informational and non-commercial or personal use  only and will not be copied or posted on any network computer or  broadcast in any media, and (3) no modifications of any Documents are  made. Accredited educational institutions, such as universities,  private/public colleges, and state community colleges, may download and  reproduce the Documents for distribution in the classroom. Distribution  outside the classroom requires express written permission. Use for any  other purpose is expressly prohibited by law, and may result in severe  civil and criminal penalties. Violators will be prosecuted to the  maximum extent possible. 
PowerTech  Mobile AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT  THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND  RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL  SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT  WARRANTY OF ANY KIND. PowerTech Mobile AND/OR ITS RESPECTIVE SUPPLIERS  HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS  INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,  WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR  PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL PowerTech Mobile  AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR  CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF  USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR  OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR  PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES. 
THE  DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE  TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY  ADDED TO THE INFORMATION HEREIN. PowerTech Mobile AND/OR ITS RESPECTIVE  SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR  THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. 
10.  NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
 
 
IN  NO EVENT SHALL PowerTech Mobile AND/OR ITS RESPECTIVE SUPPLIERS BE  LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES  WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN  ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF  OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS,  PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE  FROM THE SERVICES. 
11.  MATERIALS PROVIDED TO PowerTech Mobile OR POSTED AT ANY OF ITS WWW.POWERTECHMOBILE.COMS
 
 
PowerTech  Mobile does not claim ownership of the materials User provide to  PowerTech Mobile (including feedback and suggestions) or post, upload,  input or submit to any Services or its associated services for review by  the general public, or by the members of any public or private  community, (each a "Submission" and collectively "Submissions").  However, by posting, uploading, inputting, providing or submitting  ("Posting") User’s Submission User is granting PowerTech Mobile its  affiliated companies and necessary sublicensees permission to use User’s  Submission in connection with the operation of their Internet  businesses (including, without limitation, all PowerTech Mobile  Services), including, without limitation, the license rights to: copy,  distribute, transmit, publicly display, publicly perform, reproduce,  edit, translate and reformat User’s Submission; to publish User’s name  in connection with User’s Submission; and the right to sublicense such  rights to any supplier of the Services. 
No  compensation will be paid with respect to the use of User’s Submission,  as provided herein. PowerTech Mobile is under no obligation to post or  use any Submission User may provide and PowerTech Mobile may remove any  Submission at any time in its sole discretion. By Posting a Submission  User warrants and represents to own or otherwise control all of the  rights to User’s Submission as described in these Terms of Use  including, without limitation, all the rights necessary for User to  provide, post, upload, input or submit the Submissions. 
In  addition to the warranty and representation set forth above, by Posting  a Submission that contain images, photographs, pictures or that are  otherwise graphical in whole or in part ("Images"), User warrant and  represent that (a) User is the copyright owner of such Images, or that  the copyright owner of such Images has granted User permission to use  such Images or any content and/or images contained in such Images  consistent with the manner and purpose of User’s use and as otherwise  permitted by these Terms of Use and the Services, (b) User have the  rights necessary to grant the licenses and sublicenses described in  these Terms of Use, and (c) that each person depicted in such Images, if  any, has provided consent to the use of the Images as set forth in  these Terms of Use, including, by way of example, and not as a  limitation, the distribution, public display and reproduction of such  Images. By Posting Images, User is granting (a) to all members of User’s  private community (for each such Images available to members of such  private community), and/or (b) to the general public (for each such  Images available anywhere on the Services, other than a private  community), permission to use User’s Images in connection with the use,  as permitted by these Terms of Use, of any of the Services, (including,  by way of example, and not as a limitation, making prints and gift items  which include such Images), and including, without limitation, a  non-exclusive, world-wide, royalty-free license to: copy, distribute,  transmit, publicly display, publicly perform, reproduce, edit, translate  and reformat User’s Images without having User’s name attached to such  Images, and the right to sublicense such rights to any supplier of the  Services. The licenses granted in the preceding sentences for a Images  will terminate at the time User completely remove such Images from the  Services, provided that, such termination shall not affect any licenses  granted in connection with such Images prior to the time User completely  remove such Images. No compensation will be paid with respect to the  use of User’s Images. 
12.  Disclaimer of Warranty; Limitation of Liability
A.    USER  EXPRESSLY AGREES THAT USE OF [WWW.POWERTECHMOBILE.COM] IS AT USER'S  SOLE RISK. NEITHER PowerTech Mobile ITS AFFILIATES NOR ANY OF THEIR  RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS  WARRANT THAT [WWW.POWERTECHMOBILE.COM] WILL BE UNINTERRUPTED OR ERROR  FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE  OBTAINED FROM USE OF [WWW.POWERTECHMOBILE.COM], OR AS TO THE ACCURACY,  RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE  PROVIDED THROUGH [WWW.POWERTECHMOBILE.COM]. 
B.    [WWW.POWERTECHMOBILE.COM]  IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER  EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE  OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR  PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE  OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO  THIS AGREEMENT. 
C.    THIS  DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY  FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,  DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE  FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF,  OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,  NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY  ACKNOWLEDGES THAT PowerTech Mobile IS NOT LIABLE FOR THE DEFAMATORY,  OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT  THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER. 
D.    IN  NO EVENT WILL PowerTech Mobile OR ANY PERSON OR ENTITY INVOLVED IN  CREATING, PRODUCING OR DISTRIBUTING [WWW.POWERTECHMOBILE.COM] OR THE  PowerTech Mobile SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT  LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR  PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE  [WWW.POWERTECHMOBILE.COM]. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS  OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE. 
E.    IN  ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, PowerTech MobileNOR ITS  AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE  REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES,  OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF,  THE INFORMATION CONTAINED WITHIN [WWW.POWERTECHMOBILE.COM], OR FOR ANY  DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR  ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF  THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR  LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS,  PUNITIVE OR CONSEQUENTIAL DAMAGES. 
F.   PRIOR  TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH  YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER  INFORMATION. PowerTech Mobile ITS AFFILIATES, INFORMATION PROVIDERS OR  CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED  ON THE INFORMATION PROVIDED. NEITHER,  PowerTech Mobile NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT  PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR  COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES  AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION. 
G.    FORCE  MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN  PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL,  INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS  OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE  OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR  TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES  OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET  SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT  SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM  ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED  FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM  PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT. 
13.  LINKS TO THIRD PARTY SITES
THE  LINKS IN THIS AREA WILL LET YOU LEAVE [POWERTECH MOBILE]'S SITE. THE  LINKED SITES ARE NOT UNDER THE CONTROL OF PowerTech Mobile AND PowerTech  Mobile IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY  LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH  SITES. PowerTech Mobile IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER  FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. PowerTech Mobile IS  PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF  ANY LINK DOES NOT IMPLY ENDORSEMENT BY PowerTech Mobile OF THE SITE. 
PowerTech  Mobile is a distributor (and not a publisher) of content supplied by  third parties and Users. Accordingly, PowerTech Mobile has no more  editorial control over such content than does a public library,  bookstore, or newsstand. Any opinions, advice, statements, services,  offers, or other information or content expressed or made available by  third parties, including information providers, Users or any other user  of [WWW.POWERTECHMOBILE.COM], are those of the respective author(s) or  distributor(s) and not of [POWERTECH MOBILE]. Neither PowerTech Mobile  nor any third-party provider of information guarantees the accuracy,  completeness, or usefulness of any content, nor its merchantability or  fitness for any particular purpose. 
In  many instances, the content available through [WWW.POWERTECHMOBILE.COM]  represents the opinions and judgments of the respective information  provider, User, or other user not under contract with [POWERTECH  MOBILE]. PowerTech Mobile neither endorses nor is responsible for the  accuracy or reliability of any opinion, advice or statement made on  [WWW.POWERTECHMOBILE.COM] by anyone other than authorized PowerTech  Mobile employee spokespersons while acting in their official capacities.  Under no circumstances will PowerTech Mobile be liable for any loss or  damage caused by a User's reliance on information obtained through  [WWW.POWERTECHMOBILE.COM]. It is the responsibility of User to evaluate  the accuracy, completeness or usefulness of any information, opinion,  advice or other content available through [POWERTECH MOBILE]. Please  seek the advice of professionals, as appropriate, regarding the  evaluation of any specific information, opinion, advice or other  content.
14.  UNSOLICITED IDEA SUBMISSION POLICY
PowerTech  Mobile OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED  IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS,  NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR  NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK,  SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO  AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN [POWERTECH MOBILE]'S  PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED  TO [POWERTECH MOBILE]. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO  PowerTech Mobile OR ANYONE AT [POWERTECH MOBILE]. IF, DESPITE OUR  REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND  THEM, PLEASE UNDERSTAND THAT PowerTech Mobile MAKES NO ASSURANCES THAT  YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.  
15.  Monitoring
 
 
PowerTech  Mobile shall have the right, but not the obligation, to monitor the  content of [WWW.POWERTECHMOBILE.COM], including chat rooms and forums,  to determine compliance with this Agreement and any operating rules  established by PowerTech Mobile and to satisfy any law, regulation or  authorized government request. PowerTech Mobile shall have the right in  its sole discretion to edit, refuse to post or remove any material  submitted to or posted on [WWW.POWERTECHMOBILE.COM]. Without limiting  the foregoing, PowerTech Mobile shall have the right to remove any  material that PowerTech Mobilein its sole discretion, finds to be in  violation of the provisions hereof or otherwise objectionable. 

16.  Indemnification
 
User  agrees to defend, indemnify and hold harmless PowerTech Mobileits  affiliates and their respective directors, officers, employees and  agents from and against all claims and expenses, including attorneys'  fees, arising out of the use of PowerTech Mobile by User or User's  Account. 

17.  Termination
 
Either  PowerTech Mobile or User may terminate this Agreement at any time.  Without limiting the foregoing, PowerTech Mobile shall have the right to  immediately terminate User's Account in the event of any conduct by  User which PowerTech Mobilein its sole discretion, considers to be  unacceptable, or in the event of any breach by User of this Agreement. 
18.  Miscellaneous

 This Agreement and any operating rules for [WWW.POWERTECHMOBILE.COM]  established by PowerTech Mobile constitute the entire agreement of the  parties with respect to the subject matter hereof, and supersede all  previous written or oral agreements between the parties with respect to  such subject matter. This Agreement shall be construed in accordance  with the laws of the [QUÉBEC, CANADA], without regard to its conflict of  laws rules. No waiver by either party of any breach or default  hereunder shall be deemed to be a waiver of any preceding or subsequent  breach or default. The section headings used herein are for convenience  only and shall not be given any legal import. 
19.  COPYRIGHT NOTICE 
PowerTech  Mobile its logos are trademarks of PowerTech Mobile Ltd. All rights  reserved. All other trademarks appearing on PowerTech Mobile are the  property of their respective owners. 
20.  TRADEMARKS
 The  names of actual companies and products mentioned herein may be the  trademarks of their respective owners. The example companies,  organizations, products, domain names, email addresses, logos, people  and events depicted herein are fictitious. No association with any real  company, organization, product, domain name, e-mail address, logo,  person, or event is intended or should be inferred. 
Any rights not expressly granted herein are reserved. 

PowerTech Mobile © 2017