Terms of Service
Privacy Policy
Hey there! Here's what you need to know about using PowerBoot's app and services, made simple so it's easy to understand:
1. Rules of Using PowerBoot
When you use PowerBoot's app, you have to follow their rules. If you're not 18, you can't use it. Sometimes PowerBoot might change the rules, and if you keep using the app after that, it means you're okay with the new rules. Don't share secrets on the app, only stuff PowerBoot asks for.
2. Using PowerBoot's Stuff
PowerBoot has lots of cool features you can use, but they can change them or stop them whenever they need to. When you get something from PowerBoot, it's just as it is, no promises it's perfect or will always be there. Also, they have some extra rules for different things they offer, so check those out too.
3. PowerBoot's Things: All the things you see in the app belong to PowerBoot. You can't just take stuff you see and use it somewhere else without asking. If you think someone is using your stuff on PowerBoot without your permission, tell PowerBoot.
4. Using the App Right
PowerBoot lets you use their app, but you can't make money off it or give it to someone else. You have to use the app in a good way, not do anything bad or illegal, and not let anyone else do bad things with it either.
5. How You Should Act
You have to make sure you're allowed to do what you're doing with the app, and you're in charge of what you and anyone you work with do on it. Tell your team they have to follow PowerBoot's rules too.
6. Talking to People Through PowerBoot
If you send messages or make calls through PowerBoot, you have to make sure you're not breaking any rules about contacting people. It's your job to know the laws and follow them, not PowerBoot's.
7. Paying PowerBoot
If you buy stuff on PowerBoot, you have to pay for it. They'll tell you how much it costs and take the money from your credit card. If you give your customers something from PowerBoot, you have to handle all the money stuff with them, not PowerBoot. Remember, taxes on what you buy are your job too. If you don't pay on time, PowerBoot might stop your services and you'll have to pay extra for the trouble. If you don't think you should pay for something, tell PowerBoot quickly, but you still have to pay unless they agree with you. Once you pay, you can't get your money back unless PowerBoot decides to give you a refund for a special reason.
8. Resale of Services (MAP Policy)
If you're allowed to sell our app or services to others, there are some rules about pricing:
- You can't advertise or list a price that's lower than what we show on the PowerBoot website.
- The price you show should include any discounts or special deals you're offering.
- This pricing rule is for all types of advertising unless it's inside a physical store or if the price is only shown in an online shopping cart where search engines can't find it.
- We might change the minimum price you can advertise, and we'll tell you in these rules if that happens.
- The rule is just about advertised prices, not the final sale price. So, you can actually sell it cheaper, but just don't advertise it that way.
- If the law in some places says you can't have minimum advertised prices, then this rule doesn't apply there.
- If you sell to places like the European Union or United Kingdom, you can tell customers they might pay less than the advertised price.
- When you sell our services, it's your job to handle any problems or questions your customers have without our help.
- Remember, when you're selling, you're not PowerBoot. So don't pretend to be us or tell customers to contact us for help.
- If we think you're not following these rules, we might stop you from selling our services.
9. Excessive Data Usage
If you use too much data, it might make the app slow or stop working, and we're not responsible for that. If we see that you're using a lot of data, we might slow down your service or stop it, and we might not tell you before we do it. If you think you'll need to use a lot of data, let us know, and we can talk about different pricing options that might work better for you.
10. Training
We might teach you how to use our services better. But remember, this training is just general advice and might not work perfectly for everyone. We can't promise specific results, and it's up to you to decide if and how you want to use what you learn from us.
11. Data Stored on Our Servers
We have rules about how we keep and delete data on our servers, which you can read in our Privacy Notice. We're not responsible if something gets deleted or if there's a problem with storing data. We might also delete accounts that haven't paid, haven't been used for a year, or have broken any of our rules.
12. Account Registration
When you sign up for our services, you need to give us accurate information about yourself, and keep it updated. We'll take care of your information just like we say in our Privacy Notice.
13. Use and Protection of Login Credentials
You have to keep your username and password secret and make sure nobody else uses them. If someone does use your account without permission, tell us right away. We can turn off your account if we need to, especially if we think the rules are being broken.
14. User Contributions
When you talk to us or others on our app or website, be nice. Don't post anything mean, illegal, or that could hurt someone else's feelings or rights. We're not responsible for what you or others post, but we might remove stuff that's not okay.
15. User Customization
You can change parts of the app to look like it's yours, but don't copy someone else's stuff. And we can take away your changes if they're not following our rules.
16. Promotions
Sometimes, other companies might advertise their stuff on our app. If you talk to them or buy their stuff, that's between you and them. We're not in charge of that.
17. Content You Create
Everything you make or put on our app is yours, but you let us use it to run the app and make it better. If you're using our app for someone else, make sure you're allowed to do that. If you have an idea for something new for our app, and you tell us, we can use it without having to pay you or anyone else. We might already be thinking about the same idea, or someone else could have told us a similar one. If you have a patent or something legally protecting your idea, let us know.
18. Copyright; DMCA
If you think someone copied your stuff on our platform and that's not okay with you, tell us the right way. We'll look into it and follow the rules, especially the DMCA. Email us and send a letter with all the details like what's been copied, where it is, and who you are. If you disagree with a takedown notice, you can send us your side of the story with your info, and we might put the content back up after 10 to 14 days, unless there's a legal case started.
19. Third Party Content
Some stuff on our platform is made by other people. We're not saying we agree with them or that we checked it for accuracy. That's on them, not us.
20. Links to Other Websites
We might link to other websites, but that doesn't mean we're endorsing them. We don't control them and we're not responsible for what's on them. If you go to those sites, it's at your own risk.
21. Disclaimer
Everything we offer is as-is and as-available, with no guarantees. We can't promise everything will always work perfectly or that it's exactly what you need. Using our platform is your choice and risk. If you buy or do stuff with other users or companies, that's between you and them, not us.
22. Limitation of Liability, Indemnification, and Mitigation
If something goes wrong, the most you can get from us is what you paid us in the last three months. We're not responsible for any big, unexpected damages. You have to protect us if you do something that causes a problem. If we get in trouble because of what you did, you have to help pay for it. If there's a legal problem with something you can't use anymore, we'll try to fix it, but we might just tell you to stop using it.
23. Limitation on Time To File Claims
If you want to make a claim about us or our platform, you have to do it within three months after the problem happens.
24. Injunctive Relief
If you break these rules, we can ask a court to make you stop, and we won't need to post a bond or security to do this.
25. Waiver and Severability
If we don't enforce part of this agreement right away, that doesn't mean we can't enforce it later. If a court says part of this agreement isn't valid, the rest of it still is.
26. Entire Agreement
These rules and our privacy notice are the whole deal between us and you. If we have another agreement with you, that counts too. If there's a conflict, the other agreement wins.
27. Term and Termination
These rules apply as long as you're using our platform. Even after you leave, some rules still apply. We can end your access to our platform if we need to, especially if you do something wrong. If your access ends, you can't use our services anymore. If you want to stop using the platform, tell us 30 days before your next payment. If someone else gave you access, talk to them about ending it, not us.
28. Applicable Law, Binding Arbitration, and Class Action Waiver
If we have a legal disagreement, we'll use Alberta's laws and settle it through arbitration in Edmonton. You can't join your case with other people's.
29. No Bug Bounties
We don't pay for finding bugs on our platform. Don't try to test our security unless we say it's okay.
30. Miscellaneous
You have to protect your clients' privacy just like we do. You can't use our platform outside Canada unless you follow local laws. We're not responsible if something really out of our control stops us from providing the platform. Send any official notes to us by email.
31. Communications and Contact Information
We might reach out about these rules using the contact info you gave us. If you don't want messages from us, just unsubscribe. If you have something to say, email us or send a letter to our Legal Department. If you get a weird email asking for private info and saying it's from us, it's not - tell us about it.
Updated: April 28, 2023
These terms of service (“Terms of Service”) are entered into between you and
PowerBoot (“PowerBoot,” “we,” or “us”). The Terms of Service govern your access
to and use of the PowerBoot
App, including the iOS and/or Android app(s), and including any content,
functionality, communication channels, software, and Services offered on or
through it (the “Platform”).
By using the Platform, you agree to be bound and abide by these Terms of
Service. PowerBoot may terminate your ability to use the Platform without
notice if you do not comply with these Terms of Service. If you do not agree to
these Terms of Service, you must not access or use the Platform. You must be at
least 18 years old to use the Platform.
PowerBoot reserves the right to make changes to the Platform and to these
Terms of Service at any time. All changes are effective immediately when
posted. Your continued use of the Platform following the posting of the revised
Terms of Service means that you accept and agree to the changes.
All Information PowerBoot collects on the Platform is subject to our Privacy
Notice posted on the Platform. By using the Platform, you consent to all
actions taken by us with respect to your Information in compliance with the
Privacy Notice. The Privacy Notice is incorporated into and governed by these
Terms of Service. To the extent there is a conflict, these Terms of Service
supersede the Privacy Notice. You agree that you will not upload any
confidential or personal information onto the Platform except for personal
information specifically requested by PowerBoot pursuant to the Privacy Notice.
All Platform Content (as defined below) is current as of the date it is
posted on the Platform to the best of PowerBoot knowledge.
As used in these Terms of Service, references to the “PowerBoot Team”
include PowerBoot, our owners, assigns, subsidiaries, affiliated companies,
officers, and directors, and all parties involved in creating, producing,
and/or delivering the Platform.
PowerBoot provides a multitude of product integrations and services (the
“Services”) on the Platform, which you may subscribe to through the Platform.
All references to the Platform include the Services. All Services are subject
to these Terms of Service as well as the additional provisions below. The terms
in these Terms of Service govern to the extent there is a direct conflict
between the additional terms linked below and these Terms of Service.
a. Right to Modify the Services. We reserve the right to implement new
elements as part of the Services including changes that may affect the previous
mode of operation of the Services. We believe that any such modifications will
enhance the overall Services, but it is possible that your opinion may vary.
b. No Contingency on Further Releases and Improvements. You understand that
your purchase of Services on or through the Platform is not contingent on the
delivery by us of any future release of any functionality or feature, including
but not limited to the continuation of a certain Service beyond its current
subscription term, or any third-party services.
c. As-Is. The Platform is provided on an as-is basis as further described in
Section 21, except as expressly provided otherwise in this Agreement.
d. Features. Features and terms used in connection with the Platform and
Services such as “power dialer” may have some resemblance to those provided by
others, but our Platform features and terms are specific to our Platform.
e. Additional Terms. Additional terms may apply to specific services and
programs offered by PowerBoot on the Platform. To the extent there is a
conflict, these Terms of Service will take precedence. The terms for the PowerBoot
affiliate program are available here: (app.)powerboot.ca
The Platform and its entire content, data, features, Services, and
functionality (including but not limited to text, graphics, videos, logos,
button icons, databases, music, sounds, images, or other material that can be
viewed on the Platform) (“Platform Content”) are the property of PowerBoot or
its licensors and are protected by copyright, trademark
and other intellectual property laws, except as indicated below. Platform
Content does not include User Contribution(s), as defined below.
The PowerBoot name and related logos are trademarks and service marks
(“Marks”) of PowerBoot. PowerBoot Marks may not be used without advance written
permission of PowerBoot, including in connection with any product or service
that is not provided by PowerBoot, or in any manner that is likely to cause
confusion, or in any manner that disparages, discredits, or misrepresents PowerBoot.
Other products or company names mentioned on the Platform may be trademarks or
service marks of their respective owners.
A third-party website may feature our logos or trademarks, with or without
authorization. Our logos or trademarks featured in any third-party website do
not constitute or imply any approval, sponsorship, or endorsement of PowerBoot.
If you believe that any content on the Platform violates your intellectual
property rights, please notify PowerBoot as described in Sections 18 and 31.
PowerBoot grants you a personal, royalty-free, non-assignable, revocable,
and non-exclusive license to access and use the Platform Content while using
the Platform. Except to make the Services available to you and your end users,
as expressly permitted under these Terms of Service, any other use, including
the reproduction, modification, distribution, transmission, republication,
framing, display or performance of Platform Content
without prior permission of PowerBoot is strictly prohibited. You may not
remove any Marks or other proprietary notices, including, without limitation,
attribution information, credits, and copyright notices that have been placed
on or near the Platform Content.
You, your employees, and your end user clients (“Clients”) may use the
Platform only for lawful purposes and in accordance with these Terms of
Service. You agree that you, your employees, and your clients will not:
• Use the Platform or any Services in any way that violates any applicable
law or regulation.
• Use the Platform or any Services for the purpose of exploiting, harming or attempting to exploit or harm anyone in any way.
• Send, knowingly receive, upload, download, use, or re-use any material
that does not comply with these Terms of Service.
• Transmit, or procure the sending of, any unlawful advertising or
promotional material, including any “junk mail,” “chain letter,” “spam,” or any
other similar solicitation.
• Impersonate or attempt to impersonate PowerBoot, a PowerBoot employee,
another user or any other person or entity (including, without limitation, by
using email addresses associated with any of the foregoing).
• Engage in any other conduct that restricts or inhibits anyone's use or
enjoyment of the Platform or any Services, or which, as determined by PowerBoot,
may harm PowerBoot or users of the Platform or expose them to liability.
• Use the Platform or any Services in any manner that could disable,
overburden, damage, or impair the Platform or interfere with any other party's
use of the Platform, including their ability to engage in real time activities
through the Platform.
• Use any robot, spider or other automatic device, process or means to
access the Platform for any purpose, including monitoring or copying any of the
material on the Platform.
• Use any manual process to monitor or copy any of the material on the
Platform or for any other unauthorized purpose without PowerBoot prior written
consent.
• Use any device, software or routine that interferes with the proper
working of the Platform or any Services.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other
material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt
any parts of the Platform, the server on which the Platform is stored, any
server, computer, or database connected to the Platform, or any Services.
• Attack the Platform via a denial-of-service attack or a distributed
denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Platform or
any Services.
In connection with your use of the Platform or Services, you agree that:
• You, your employees, agents, and Clients will maintain in effect all
licenses, permissions, authorizations, consents, and permits necessary to carry
out the obligations under these Terms of Service.
• You are fully responsible for your actions and the actions of your
employees, agents, and Clients with respect to use of the Platform.
• You are fully responsible for the use of the Services by your Clients. PowerBoot
agreement is with you, not your clients.
• You, your employees, agents and Clients will not
misrepresent the Services.
• You will provide these Terms of Service to your employees, agents, and
Clients and confirm that all employees, agents, and Clients understand that
they are subject to these Terms of Service if they use or offer the Services.
• You own or control all rights in and to all content you provide to PowerBoot.
• You will be solely responsible for all of your
use of the Platform, including the quality and integrity of any data and other
information made available to us by or for you through the use of the Services
under these Terms of Service and each Service that you make available to your
clients.
• You have provided, and will continue to provide, adequate notices and have
obtained, and will continue to obtain, the necessary permissions and consents
to provide your client’s data to us for use and disclosure in accordance with
these Terms of Service and our Privacy Notice.
• You, your employees, and your clients will provide reasonable cooperation
regarding information requests from law enforcement, regulators, or
telecommunication providers.
PowerBoot is the provider of Services for your use, which may include
certain communications features such as SMS, MMS, email, voice call
capabilities and other methods. You understand and agree that:
• You are exclusively responsible for all communications sent using the
Services, including compliance with all laws governing those communications
such as the Telephone Consumer Protection Act (“TCPA”), the CAN-SPAM Act, Canadian
Anti-spam Legislation (“CASL”), Personal Information Privacy and Electronic
Data Act (“PIPEDA”), and provincial privacy laws, and you agree that you
understand and will comply with those laws.
• Your use of the Services may violate applicable laws if you do not comply
with them. PowerBoot is not responsible for your compliance with laws and does
not represent that your use of the Services will comply with any laws. You
should consult a lawyer for legal advice to ensure your communications comply
with applicable law.
PowerBoot is a technology platform communication service application
provider only. PowerBoot does not originate, send, or deliver any
communications to any recipient via SMS, MMS, email, or other communication method;
• You, not PowerBoot, are the maker or initiator of any communications. You
control the message, timing, sending, fraud prevention, and call blocking. The
Service is purely reactive and sends messages only as arranged and proscribed
by you. All communications, whether, without limitation, SMS, MMS or email, are created by and initiated by you and/or
your clients, whether generated by you or sent automatically via the Services
at your direction.
• Any customer data provided to PowerBoot through any means, including
without limitation, by inbound text, data imports, tablet sign-ins, API calls
or manual entry, only includes data from individuals who have explicitly opted
into your communications program and have explicitly agreed to receive your
communications (whether by SMS, MMS, email, voice communication or other
method) in accordance with applicable law, including without limitation the
TCPA.
a. Fees. If you choose to purchase one or more of the Services provided on
the Platform, you agree to pay all fees (“Fees”) associated with the Services.
Our monthly subscription provides tiered pricing for different levels of
Services and products based on the Services you choose to use. In addition to
our monthly subscription Services, you may purchase add-in Services for a
one-time Fee or recurring subscription Fees. Fees may change from time to time.
All Fees are exclusive of any applicable communications service or
telecommunication provider (e.g., carrier) fees or surcharges (collectively,
“Communications Surcharges”). You will pay all Communications Surcharges
associated with your use of the Services. All Fees and Communications
Surcharges are non-refundable and are directly debited from an account to which
you apply funds, through the billing section of the Platform.
b. Any charges incurred by your purchase or use of the Services will be
billed to the credit card we have on file. In the event you sign up for a
Service that is ongoing and incurs recurring charges (such as a subscription),
such charges will be billed in advance of Service. You agree to provide us with
accurate and complete billing information, including valid credit card
information, your name, address, and telephone number, and to provide us with
any changes in such information within 10 days of the change.
If you are passing the obligation to pay Platform-related Fees to your
Clients, you are solely responsible for all related transactions, including but
not limited to refunds and charge backs of such Fees that are passed on. PowerBoot
is not responsible for resolving issues related to costs passed on to your
clients. Any fees passed on to Clients or other third parties must be amounts
charged by PowerBoot, without increase or markup.
c. Taxes. You are exclusively responsible for taxes and other governmental
assessments (“Taxes”) associated with your use of the Platform, including all
Taxes associated with the Services you order and any transactions you conduct
with your clients. PowerBoot may collect Taxes from you as part of the Fees as
it deems appropriate, and all PowerBoot determinations regarding what Taxes to
collect are final. PowerBoot may recalculate and collect additional Taxes from
you if it determines at any point that they are due. You will indemnify PowerBoot
for all Claims related to Taxes that are associated with your activities on the
Platform, including any Taxes related to your transactions with your Clients,
as described in Section 22. Taxes, like all Fees, are non-refundable.
d. Overdue Amounts. If, for any reason, your credit card company declines or
otherwise refuses to pay the amount owed for the Services you have purchased,
you agree that we may suspend or terminate performance of Services or delivery
of products and may require you to pay any overdue Fees and other amounts
incurred (including any third-party chargeback fees or penalties) by other
means acceptable to us. In the event legal action is necessary to collect on
balances due, you agree to reimburse us for all expenses incurred to recover
sums due, including attorney fees and other legal expenses.
e. Payment Disputes. You will notify us in writing within sixty (60) days of
the date we bill you for any invoiced charges that you wish to dispute. You
must pay all invoiced charges while the dispute is pending, or you waive the
right to pursue the dispute. Where you are disputing any fees, you must act
reasonably and in good faith and cooperate diligently with us to resolve the
dispute. All PowerBoot determinations regarding your obligation to pay invoiced
charges are final.
f. No Refunds. Except as described below, all Fees assessed by PowerBoot are
non-refundable, and PowerBoot does not provide Fee refunds or credits for
partially used or unused subscriptions. If you sign up for a Service
subscription but do not access the Service or Platform, you are still
responsible for all Fees during the term of your subscription. If PowerBoot
chooses at its sole discretion to issue a refund or credit in one instance, we
are under no obligation to issue the same refund or credit in the future.
We reserve the right to issue refunds or credits at our sole discretion in
the following situations:
aa. Where we materially modify these Terms of Service or Privacy Notice
during a billing period and such modification adversely affects you, we may
refund a portion of your subscription Fee equal to the remaining unused term,
as we determine appropriate or as may be required by applicable law. To be
eligible for a refund, you must provide written notice that (a) identifies your
account and (b) requests cancellation of the specific Service. The cancellation
will be effective upon our receipt of your notice and our determination that
you are authorized to effect such cancellation. Please
refer to the “Communications and Contact Information” section below on how to
provide notice to us.
ab. Where a modification or interruption of Services adversely affects you
and alternative remedies, as specified in these Terms of Service, are not
available, we may refund a portion of your paid subscription Fee equal to the
remaining unused term of your subscription, as we determine appropriate or as
may be required by applicable law.
Some levels of the Services allow you to resell access to the version of the
Platform that is customized for or by you. If you are authorized to resell
access, you must comply with our minimum advertised price policy as described
in this section and the provisions below.
a. Minimum Advertised Price. You cannot advertise access to the Platform for
a price of less than that advertised on the PowerBoot website.
b. Determining Advertised Price. The price at which you are advertising
access to the Platform is determined after deduction of coupon discounts,
rebates, value of product giveaways, gift card amounts, and other promotional
offers, which have the effect of lowering an advertised price.
c. Media. This MAP policy applies to advertising in any media. However, this
policy does not apply to advertising at a brick-and-mortar selling location
that is not distributed or visible to customers outside that location, or final
sale prices first disclosed to customers in “shopping carts” in web-based sales
(so long as such prices cannot be retrieved by search engines or otherwise
displayed to other customers).
d. Changes. The MAP is established by PowerBoot and may be changed by PowerBoot
from time to time in its sole discretion. Any changes to the MAP will be
communicated by a change to this section of these Terms of Service. PowerBoot
may also notify you of any change to the MAP.
e. Final Sale Price. This MAP policy applies only to the prices at which you
advertise access to the Platform and does not restrict your ability to set the
final price at which you resell access to the Platform. PowerBoot will not
sanction or otherwise penalize you solely for reselling access to the Platform
below the MAP.
f. Exceptions. This MAP policy does not apply to advertising within any
jurisdiction in which minimum advertised price policies are prohibited by law.
It is a violation of this policy, however, to transmit an advertised price less
than the MAP from any such jurisdiction to customers in any jurisdiction in
which the policy is permissible.
g. European Union and United Kingdom. For sales into the European Union and
United Kingdom, this MAP policy does not prohibit you from offering consumers
discounts or communicating to consumers that their final price could differ
from the MAP.
h. Resale Restrictions. When reselling the service, you agree that you are
fully liable to your resale Clients for the Service and will handle all
disputes and inquiries they have without any involvement from PowerBoot, unless
PowerBoot offers to assist.
i. You Are Not PowerBoot. Do not present yourself
as PowerBoot when reselling the Service, hold yourself out as a representative
of PowerBoot, or indicate that you are associated with PowerBoot in any way. Do
not direct your resale Clients to contact PowerBoot for any reason, including
for Service support.
j. Suspension and Termination. We may suspend or terminate your ability to
resell Services as described in this section in our sole discretion and with or
without advance notice to you if we determine that you are violating this
Agreement or for any other reason.
Your excessive data use may cause the Service to be slow or unavailable. We
have no liability for the effect that your excessive data use may have on
Service performance. We may (1) suspend or terminate your use of the Service or
(2) reduce the amount of data you are able to use, with or without advance
notice, if we determine in our sole discretion that your data use is excessive,
abusive or has a negative effect on the Services in any way.
We provide the Service on a tiered-pricing basis, and some tiers can process
more data with less impact on Service performance. Contact us if you would like
more information about pricing for data usage that may be more appropriate for
your needs.
PowerBoot may offer training to you related to how to use the Services. All
training and associated information conveyed as part of it (“Training”) is
as-is, with no warranty, as explained further in Section 21 (Disclaimer). You
know your own situation and your clients, and you alone are responsible for how
and whether you adopt any strategies learned through Training. PowerBoot makes
no guarantees that Training will produce any particular outcome, and Training
may in rare cases be counterproductive depending on your situation.
Subject to our Privacy Notice, you agree that we have no responsibility or
liability for the deletion or failure to store any content maintained or
transmitted on or through the Platform. You acknowledge that we reserve the
right to remove or terminate accounts that have not paid a subscription Fee,
which remain inactive for longer than one (1) year, or that have violated one
or more terms of this Agreement.
To access portions of the Platform or to register for or use the Services,
you will be asked to provide registration details or other Information. It is a
condition of your use of the Platform that all Information you provide is
complete, current, and accurate. All Information you provide to register with
the Platform, complete a transaction through the Platform, or otherwise is
governed by our Privacy Notice, and you consent to all actions PowerBoot takes
with respect to your Information consistent with our Privacy Notice.
You are responsible for maintaining the confidentiality of your username and
password (“Login Credentials”). You are responsible for all uses of your
account and Login Credentials, whether or not
authorized by you. You agree to notify PowerBoot immediately of any
unauthorized access to or use of your account or Login Credentials or any other
breach of security. PowerBoot reserves the right to disable your Login
Credentials at any time in its sole discretion for any or no reason, including
if, in PowerBoot opinion, you have violated any provision of these Terms of
Service. User accounts are non-transferable, and all users are obligated to
take preventative measures to prohibit unauthorized users from accessing the
Platform with his or her password.
To ask questions about this Privacy Notice and our privacy practices,
contact us at [email protected] or by mail at:
PowerBoot
ATTN: Legal Department
PO Box 99900 EU 953 098 RPO Skyview, Edmonton, AB, T5L 2Y2
You own or control all rights in and to the User Contributions and have the
right to grant the license granted above to us, the PowerBoot Team, and our
service providers, and each of their licensees, successors, and assigns.
All of your User Contributions do and will comply
with these Terms of Service.
You understand and acknowledge that you are responsible for any User
Contribution you submit or contribute, and you, not PowerBoot, have full
responsibility for such content, including its legality, reliability, accuracy,
and appropriateness.
By posting information on the Platform, or by otherwise using any
communications service, message board, newsgroup, or other interactive service
available on the Platform, you agree that you will not post comments, messages,
links, code, or other information that:
• Are unlawful, threatening, abusive, harassing, defamatory, deceptive,
fraudulent, tortious, invasive of another’s privacy, or includes graphic
descriptions of sexual or violent content.
• victimizes, harasses, degrades, or intimidates an individual or group of
individuals on the basis of religion, gender, sexual orientation, race,
ethnicity, age, or disability;
• infringes any patent, trademark, trade secret, copyright, right of
publicity, or other proprietary right of any party; or
• breaches the security of, compromises or otherwise allows access to
secured, protected or inaccessible areas of this Platform, or attempts to gain
access to other network or server via your account on this Platform.
We are not responsible or liable to any third party for the content or
accuracy of any User Contribution posted by you or any other user of the
Platform, nor do we endorse the User Contribution of third parties. Further, we
are not responsible for any failure or delay in removing such postings. While
we do not monitor User Contributions, at our sole discretion, PowerBoot may
choose to unpublish or otherwise make not available for public viewing any
material we deem unnecessary or inappropriate for use on our Platform.
Portions of the Platform may be modified by you, incorporating your name,
logo, trademark, and color scheme into your individual access area within the
Platform. You are solely responsible for copyright, trademark or other
intellectual property concerns connected with your and your clients’ customized
look and feel of the Platform. You acknowledge that you may not be able to
customize the Platform according to your unique branding to the extent that
your customization would appear to be independently developed. PowerBoot may
remove any of your modifications at any time without advance notice and with no
liability to you.
From time to time, this Platform may include advertisements offered by third
parties. You may enter into correspondence with or
participate in promotions of the advertisers showing their products on this
Platform. Any such correspondence or promotions, including the delivery of and
the payment for goods and services by those third parties, and any other terms,
conditions, warranties or representations associated
therewith, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such
correspondence or promotion. You will ensure that these activities comply with
all relevant laws.
You own and retain all ownership rights to your data and User Contributions
uploaded to the Service (“Your Data”). You grant us, the PowerBoot Team, and
our service providers the right to use Your Data as necessary to provide the
Services to you and as permitted by these Terms of Service and our Privacy
Notice. You also grant PowerBoot the right to use Your Data to improve the
Service, develop new services, and for other PowerBoot business purposes,
subject to PowerBoot obligation to maintain the confidentiality of Your Data.
If you are using the Services on behalf of another party, then you represent
and warrant that you have all sufficient and necessary rights and permissions
to do so. Subject to the limited license granted, we acquire no right, title or
interest from you or your licensors under these Terms of Service.
Submission of Ideas. The Platform may include a platform through which users
may submit ideas in connection with new products, Services and/or related
features (each, an “Idea”). By submitting an Idea to PowerBoot, you agree to
the following unless we have mutually agreed in writing otherwise:
• You are submitting your Idea to PowerBoot on a voluntary,
non-confidential, and gratuitous basis;
• You grant PowerBoot and its designees a perpetual, irrevocable,
non-exclusive, fully paid up and royalty-free license to use any Idea you
submit to PowerBoot without restrictions or payment or other consideration of
any kind, or permission or notification to you or any third party. The license
includes, without limitation, the irrevocable right to reproduce, prepare
derivative works, combine with other works, alter, translate, distribute
copies, display, perform, license the Idea, and all rights therein, in the name
of PowerBoot or its designees throughout the universe in perpetuity in any and
all media now or hereafter known;
• PowerBoot may already be working on the same or a similar Idea, or it may
have received a similar or identical idea from other sources;
The Idea represents your own original work, you have all necessary rights to
disclose the Idea to PowerBoot, and neither your disclosure of the Idea nor PowerBoot
review and/or use of the Idea will infringe upon the rights of any other
individual or entity;
• Disclosing your Idea to PowerBoot does not establish a confidential
relationship or obligate PowerBoot to treat the Idea as confidential;
• PowerBoot has no obligation to develop or use your idea and does not owe
you or anyone else any compensation for any use of your idea or any Ideas that
are related to or derived from your Idea;
• PowerBoot assumes no obligation with respect to any Idea unless and until
it enters into a written contract with you, and then only as expressed in such
written contract;
• If your idea is the subject of a patent that is pending or has been
issued, you have or will disclose that fact to PowerBoot. PowerBoot
acknowledges that to the extent you hold a patent in the Idea, no license under
any patent is granted to PowerBoot;
• Any license to use a patented Idea shall be in the form of a written
contract, and PowerBoot obligations shall be limited to only those in such
written contract;
• PowerBoot is not obligated to review your idea, give reasons for rejecting
your idea, or disclose any activities that are related to the subject matter of
your Idea;
• You will not construe PowerBoot review of your Idea,
or any discussion, negotiations or offer between yourself and PowerBoot
relating to the possible purchase or license of your Idea, as recognition of
the novelty, originality, priority, other rights, or value of your Idea, and PowerBoot
discussions or negotiations with you will not in any way impair PowerBoot right
to contest the validity or infringement of your rights;
You hereby irrevocably release and forever discharge PowerBoot and the PowerBoot
Team from any and all actions, causes of actions, claims, damages, liabilities
and demands, whether absolute or contingent and of any nature whatsoever, which
you now have or hereafter can, shall or may have against PowerBoot or the PowerBoot
Team with respect to the Idea, including without limitation in respect of how PowerBoot
directly or indirectly uses the Idea, with the sole exception in respect of the
foregoing release and discharge being your right to bring a claim of patent
infringement; and
You agree that you are responsible for the content of the Idea and further
agree (at PowerBoot option and at your sole expense) to defend, indemnify, and
hold PowerBoot harmless from any and all actions, claims, and liabilities,
demands, whether absolute or contingent and of any nature whatsoever, damages,
losses, costs, fees, fines or expenses, including reasonable attorneys' fees,
which PowerBoot or the PowerBoot Team may incur as a result of use of your Idea
in accordance with these Terms of Service.
If you believe that your work has been copied in a way that constitutes
copyright infringement, or that your intellectual property rights have been
otherwise violated, you should notify us of your infringement claim in
accordance with the procedure set forth below.
We will process and investigate notices of alleged infringement and will
take appropriate actions under the Digital Millennium Copyright Act (“DMCA”)
and other applicable intellectual property laws with respect to any alleged or
actual infringement. A notification of claimed copyright infringement should be
emailed to [email protected] (Subject line: “DMCA Takedown Request”) and
mailed to the designated copyright agent address below.
Our designated copyright agent to receive DMCA Notices is:
PowerBoot
ATTN: Copyright Agent
PO Box 99900 EU 953 098 RPO Skyview, Edmonton, AB, T5L 2Y2
To be effective, the notification must be in writing and contain the
following information:
• an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that
you claim has been infringed;
• a description of where the material that you claim is infringing is
located on the Platform, with enough detail that we may locate it;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright or intellectual property owner, its agent,
or the law; and
• a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
Counter-Notice: If you believe that your User Contribution that was removed
(or to which access was disabled) is not infringing, or that you have the
authorization from the copyright owner, the copyright owner's agent, or
pursuant to the law, to upload or display the content in your User
Contribution, you may send a written counter-notice containing the following
information to the above-listed Copyright Agent:
• your physical or electronic signature;
• identification of the content that has been removed or to which access has
been disabled and the location at which the content appeared before it was
removed or disabled;
• a statement that you have a good-faith belief that the content was removed
or disabled as a result of mistake or a
misidentification of the content; and
• your name, address, telephone number, and email address, and a statement
that you will accept service of process from the person who provided
notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we will send a copy
of the counter-notice to the original complaining party, informing that person
that PowerBoot may repost the removed content or cease disabling it in ten (10)
business days. Unless the copyright owner files an action seeking a court order
against the content provider, member or user, the removed content may be
reposted, or access to it restored, in ten (10) to fourteen (14) business days
or more after receipt of the counter-notice, at our sole discretion.
We may, at our sole discretion, limit access to the Platform and/or
terminate the account of any user who infringes any intellectual property
rights of others.
This Platform may include content provided by third parties. All statements
and opinions expressed by third parties are solely the opinions and the
responsibility of the person or entity providing those materials. Those
materials do not necessarily reflect the opinion of PowerBoot. PowerBoot is not
responsible for the content or accuracy of any materials provided by any third
parties.
PowerBoot may provide links to external web sites for the convenience of
Platform users. The inclusion of an external link on this Platform does not
constitute or imply support or endorsement of any kind. PowerBoot does not
control those web sites, is not responsible for their content or function, and
is not responsible for any loss or damage that may arise from your use of them.
If you decide to access the third-party sites linked to this Platform, you do
so entirely at your own risk and subject to the terms and conditions of use and
the privacy notice for such sites.
THE PLATFORM AND THE SERVICES OFFERED THROUGH IT ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF
NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PLATFORM,
PLATFORM CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE PLATFORM
CONTENT, SERVICES OR PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR
SERVICES OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF
ANY PLATFORM CONTENT OR SERVICES PURCHASED OR OBTAINED BY YOU FROM THE
PLATFORM, FROM US OR THE PowerBoot TEAM WILL MEET YOUR EXPECTATIONS OR BE FREE
FROM MISTAKES, ERRORS OR DEFECTS.
YOU ACKNOWLEDGE THAT THE INTERNET AND TELECOMMUNICATIONS PROVIDERS’ NETWORKS
ARE INHERENTLY INSECURE. ACCORDINGLY, YOU AGREE WE ARE NOT LIABLE FOR ANY
CHANGES TO, INTERCEPTION OF, OR LOSS OF YOUR DATA WHILE IN TRANSIT VIA THE
INTERNET OR A TELECOMMUNICATIONS PROVIDER’S NETWORK.
THIS PLATFORM COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR
TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE PLATFORM CONTENT AND SERVICES
ON OR THROUGH THE PLATFORM, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY
PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR
PRODUCTS AVAILABLE ON THE PLATFORM MAY BE OUT OF DATE, AND WE MAKE NO
COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.
THE USE OF THE PLATFORM, THE SERVICES OR THE DOWNLOADING OR OTHER
ACQUISITION OF ANY PRODUCTS OR PLATFORM CONTENT THROUGH THE PLATFORM IS DONE AT
YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM SUCH ACTIVITIES.
Through your use of the Platform, you may have the opportunities to engage
in commercial transactions with other users and vendors. You acknowledge that
all transactions relating to any products or services provided by YOUR OR any
third party, including, but not limited to the purchase terms, payment terms,
warranties, guarantees relating to such transactions, are solely between the
seller OR PURCHASER of such merchandise OR SERVICE and you.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD
PARTY, OR IN CONNECTION WITH THE PLATFORM, AND YOU UNDERSTAND AND AGREE THAT
SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS
PROVIDED IN CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THE
PLATFORM FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY
US OR THE PowerBoot TEAM.
WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE PLATFORM,
INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE
TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE
SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE
PRICING STRUCTURE AND THE ADDITION OF FREE OR FEE-BASED SERVICES. ANY NEW
FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES ON THIS PLATFORM
SHALL ALSO BE SUBJECT TO THESE TERMS OF SERVICE.
SOME PROVINCES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
PLEASE CONSULT THE LAWS IN YOUR JURISDICTION
Your exclusive remedy and our entire liability, if any, for any claims
arising out of these Terms of Service and your use of the Platform or the
Services shall be limited to the amount you paid us for Services purchased on
the Platform during the three (3) month period before the act giving rise to
the liability.
IN NO EVENT SHALL PowerBoot BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND,
OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM
MALICIOUS CODE, LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY,
ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR OF ANY WEBSITE
REFERENCED OR LINKED TO FROM THE PLATFORM.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES AND/OR
STATEMENTS REGARDING OUR SERVICES OR CONTENT OR FOR ASSISTANCE IN CONDUCTING
COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THE PLATFORM, INCLUDING
WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
You agree to defend, indemnify, and hold harmless PowerBoot and the PowerBoot
Team against all demands, claims, actions, proceedings, damages, liabilities,
losses, fees, costs or expenses (including without
limitation reasonable attorneys’ fees and the costs of any investigation)
directly or indirectly arising from or in any way connected with your use of
the Platform or Services (“Claims”), including, but not limited to:
(a) our use of or reliance on information or data supplied or to be supplied
by you, your employees, agents, or Clients;
(b) any breach of or default under these Terms of Service by you, your
employees, agents, or Clients;
(c) the wrongful use or possession of any PowerBoot property by you, your
employees, agents, or Clients;
(d) any negligence, gross negligence or willful misconduct by you or your
employees, agents, or Clients;
(e) misrepresentations by you, your employees, agents, or Clients;
(f) violation(s) of applicable law by you, your employees, agents, or
Clients, (g) your actions and the actions of your employees, agents, or Clients;
(h) the acts or omissions of you, your employees, agents, or Clients in
connection with providing notice and obtaining consents regarding the
origination or content of the SMS or MMS messages, email or other
communications using the Services,
(i) Taxes and other Fees and/or
(j) any disputes between (1) you and other users, (2) you and your
client(s), and/or (3) your clients.
If any of the Services or Platform are, or in our opinion are likely to be,
claimed to violate any third-party intellectual property right, at our option
we may:
(a) obtain the right for you to continue to use the Services and Platform as
contemplated by these Terms of Service;
(b) modify or replace the Services or Platform, in whole or in part, to seek
to make the Services or Platform non-infringing; or
(c) require you to immediately cease any use of the Services and Platform,
including but not limited to the PowerBoot platform.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO
THESE TERMS OF SERVICE, THE PRIVACY NOTICE, OR THE PLATFORM MUST BE COMMENCED
WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM
OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE,
SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You agree that a breach of these Terms of Service will cause irreparable
injury to PowerBoot for which monetary damages would not be an adequate remedy
and PowerBoot shall be entitled to seek equitable relief, in addition to any
remedies it may have hereunder or at law, without having to post a bond or
other security.
No waiver by PowerBoot of a term or condition set forth in these Terms of
Service shall be deemed a continuing waiver of such term or condition or a
waiver of any other term or condition. Any failure of PowerBoot to assert a
right or provision under these Terms of Service shall not constitute a waiver
of such right or provision.
If any provision of these Terms of Service is held by a court or other
tribunal of competent jurisdiction to be invalid, illegal
or unenforceable for any reason, such provision shall be eliminated or limited
to the minimum extent such that the remaining provisions of the Terms of
Service will continue in full force and effect.
Except as noted below, these Terms of Service and our Privacy Notice
constitute the sole and entire agreement between you and PowerBoot with respect
to the Platform and supersede all prior and contemporaneous understandings,
agreements, representations and warranties, both
written and oral, with respect to the Platform. These Terms of Service may not
be altered, supplemented, or amended by the use of any
other document(s).
PowerBoot may enter into a separate agreement with you. The terms of any
separate agreement between you and PowerBoot will be considered a part of your
entire agreement with PowerBoot. To the extent there is a conflict between
these Terms of Service and the terms of your separate agreement with PowerBoot,
your separate agreement with PowerBoot will control.
These Terms of Service will remain in full force and effect while you use
the Platform or subscribe to any Services. Even after you are no longer a user
of the Platform, those provisions of these Terms of Service that by their
nature are intended to survive will remain binding on you, including but not
limited to Sections 3, 7, 11, 14, 17, and 21 to 31 and the Privacy Notice.
a. Grounds for Termination. You agree that PowerBoot, in its sole
discretion, may suspend or terminate your access to the Platform (or any part
thereof) for any reason, with or without notice, and without any liability to
you or to any third party for any claims, damages, costs or losses resulting
therefrom. Any suspected fraudulent, abusive or
illegal activity may be grounds for barring your access to this Platform, and
reporting you to the proper authorities, if necessary.
b. No Right to Services Upon Termination. Upon termination and regardless of
the reason(s) motivating such termination, your right to use the Services
available on this Platform will immediately cease. We shall not be liable to
you or any third party for any claims for damages arising out of any
termination or suspension or any other actions taken by us in connection
therewith.
c. How to Terminate or Make Adjustments. If you,
for any reason, would like to terminate your access to the Platform or make adjustments, PowerBoot requires written notice at least
30 days before your next billing date.
e. No Termination by Third Party Users. PowerBoot has limited access to
subscriptions not directly purchased from us. Any user who has been given
access to the Platform by any party other than PowerBoot, must contact the
party who originally provided access to the Platform for any inquiries related
to termination.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO
AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL
ARBITRATION.
The laws of the Province of Alberta will govern these Terms of Service and
any disputes under them, without giving effect to any principles of conflicts
of laws.
Any controversy or claim arising out of or relating to these Terms of
Service shall be exclusively settled by arbitration administered by arbitration
in accordance with Commercial Arbitration Rules, then in effect. This
arbitration provision is governed by the the
applicable laws in Canada. The arbitration proceedings shall be held in
Edmonton, Alberta. Any arbitration award may be entered in a court of competent
jurisdiction.
All claims and disputes within the scope of this arbitration agreement must
be arbitrated or litigated on an individual basis and not on a class basis.
Claims of more than one customer or user cannot be arbitrated or litigated
jointly or consolidated with those of any other customer or user.
PowerBoot does not have a bug bounty program and does not pay bug bounties. PowerBoot
prohibits any third-party access to the Platform or any PowerBoot systems or
networks, including any network penetration testing, security assessment or
probing, except as expressly permitted by this Agreement or as agreed to by PowerBoot
in a separate agreement.
a. Your Privacy Obligations. When you provide access to the Platform to any
other parties, i.e., your client(s), you must implement and enforce your own
privacy notice, providing the level of protection at least equal to that
provided to you by PowerBoot. You must obtain consent from your client(s),
affirmatively acknowledging that your client(s) agree(s) to be bound by your
privacy notice.
b. International Use. Although the Platform may be accessible worldwide, we
make no representation that materials on the Platform are appropriate or
available for use in locations outside Canada. Those who choose to access the
Platform from other locations do so on their own initiative and at their own
risk. If you choose to access the Platform from outside Canada, you are
responsible for compliance with local laws in your jurisdiction, including but
not limited to, the taxation of products purchased over the Internet. Any offer
for any product, Services, and/or information made in connection with the
Platform is void where prohibited.
c. Force Majeure. In addition to any excuse provided by applicable law, we
shall be excused from liability for non-delivery or delay in delivery of
products and/or Services available through the Platform arising from any event
beyond our reasonable control, whether or not foreseeable by either party,
including but not limited to: labor disturbance, war, fire, accident, adverse
weather, inability to secure transportation, governmental act or regulation,
and other causes or events beyond our reasonable control, whether or not
similar to those which are enumerated above.
d. How to send Notices to PowerBoot. All notices to a party shall be in
writing and shall be made via email. Notices to PowerBoot must be sent to the
attention of Customer Service at [email protected]. You agree to allow
us to submit notices to you either through the email address you provided when
registering, or to any address we have on record. Notices are effective on
receipt.
PowerBoot may contact you regarding these Terms of Use or the Privacy Notice
using any Information you provide, or by any other means if you do not provide
contact Information. If you no longer wish to receive communications from PowerBoot,
you can click on the “unsubscribe link” provided in such communications or
contact us at [email protected].
When you enroll in the Service, you must designate a primary email address
that will be used for receiving electronic communication related to these Terms
of Use and the Service. PowerBoot will never send you an email requesting
confidential information such as account numbers, usernames, or passwords, and
you should never respond to any email requesting such information. If you
receive such an email purportedly from PowerBoot, do not respond to the email
and notify PowerBoot by emailing us at [email protected].
For all other feedback, comments, requests for technical support, and other
communications relating to the Platform, these Terms of Service, and the
Privacy Notice, please contact us at [email protected] or by mail at:
PowerBoot
ATTN: Legal Department
PO Box 99900 EU 953 098 RPO Skyview, Edmonton, AB, T5L 2Y2
EFFECTIVE DATE: July 13, 2022
Copyright PowerBoot 2024
- All Rights Reserved
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