We reserve the right, at our sole discretion and at any time, to change the Agreement, which we may effect by posting on the poweradulting.com website. Continued use of this Site or the Services after such posting will constitute your acceptance of such revisions. Please note the date of last revision at the end of this Agreement.
‘Power Adulting’ or ‘us’ or ‘we’ refers to the exclusive owner/operator of the website and may be contacted at 152 Avenida De La Paz, San Clemente, California 92672 or online at firstname.lastname@example.org. ‘You’ refers to the user or viewer of this website and its related services. ‘Agreement’ refers to the legal document herein outlining the terms and conditions of use, which you agree to respect. ‘Site’ refers to the website located at poweradulting.com ’Services’ refers to any and all services provided by Power Adulting.
- User/Member Use
- Information Use
- Posting Guidelines
- Rules of Community Conduct
- Membership Options and Upgrade Fees
- Cancellation Policy
- Contests, Sweepstakes and Third Party Links
- Claims of Copyright Infringement
- Disclaimer of Warranty and Limits of Liability
- Miscellaneous Provisions
- Date of Last Revision
Use of the Site and the Services is subject to the following general overview, the previous and subsequent terms of this Agreement, and all applicable local, state, national and international laws and regulations:
- Content of the Site and Services is general information for your exclusive personal use only. The Site and Services contains proprietary Power Adulting information which may be protected whether or not it is identified as CONFIDENTIAL.
- You must be at least 18 years of age and live within a jurisdiction where you are not prohibited by law from accessing any part of the Power Adulting Site or Services.
- Neither Power Adulting nor any third parties provide any warranty or guarantee as to the conduct, accuracy, timeliness, performance, completeness or suitability of the Site and Services nor do we take responsibility for the information, materials, members or users for any particular purpose. You acknowledge that any of these, including but not limited to the Site and Services, the information and materials or members and users, may be inaccurate or have errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your contact with members and your use of any and all information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, information or private contacts available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes but is not limited to the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorized use of this website may give rise to termination of membership, a claim for damages and/or be a criminal offense.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- You may not create a link to this website from another website or document without the prior written consent of Power Adulting.
- You agree that this Overview and the entire Agreement for your use of the Site and Services will be governed under California law. You further agree that any dispute relating to this Agreement or arising from your use of the Power Adulting Site or Services is subject to the exclusive jurisdiction and venue of the federal and state courts in the Central District of California.
- A more detailed description of the Terms and Conditions follows.
2. User/Member Use
b. Export Controls.
The Site, the Services and the software of this website are intended only for persons living in the United States and your use is further subject to United States export controls. You may not use, export or re-export any materials or Software from the Site or the Services if you are located in, under the control of, or a national or a resident of any country which the United States has embargoed goods. Moreover, you may not export or re-export any materials or software from the Site or Services to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or anyone placed on the U.S. Commerce Department’s Table of Deny Orders.
c. Website Usage and Security.
The Power Adulting Site and Services is for personal, non-commercial and exclusive use only and subject to compliance by you with this Agreement. Read these terms and conditions before using Power Adulting Site and Services. Website usage constitutes your full, unqualified or restricted acceptance of this Agreement. Should you ever not accept all the terms and conditions specified herein, you agree to immediately stop using the Power Adulting Site and Services. It is further understood that memberships and certain Power Adulting Services on this Site will require that an account be opened. You accept full responsibility for all access to your account under the username and password you established during registration. You acknowledge that confidentiality of your username and password is yours alone and Power Adulting is not responsible for misappropriation or theft by any third party access to your account and Power Adulting is not liable for any loss that occurs. Should your account be compromised through unauthorized access, you must immediately notify Power Adulting at email@example.com. You further agree that memberships may not be transferred to any other person or entity.
d. Additional Membership Terms.
Acceptance of this Agreement becomes effective by your use of the Site or the Services. You further agree that any Power Adulting membership and/or subscription shall remain in full force and effect until termination is properly issued as set forth in this Agreement under Cancellation or hereunder. The option to terminate your membership and/or subscription is available to either party at any time, for any reason, without explanation and becomes effective upon sending written notice to the other party. You may send written notice of termination to Power Adulting 152 Avenida De La Paz, San Clemente, CA 92672 or email your notification to firstname.lastname@example.org. Please note that your membership is paid in advance and upon termination your full privileges will continue and your subscription will remain active until your next payment due date. Your due date is the precise point of service when the remaining term for your advance payment is completely exhausted and therefore expired. All subscriptions are paid in advance and no refunds will be paid for any unused days that remain on the prepaid portion of your subscription term. Power Adulting may terminate or suspend your access to all or part of the Site or the Service at any time, with or without notice, for any reason, at our sole discretion and without any refund of your unused subscription fees if you have in any way breached this Agreement. Furthermore, termination does not nullify this Agreement or void any of the terms that by their nature may survive such termination.
e. User/Member Interactions and Risks.
Your interactions with other users/members are understood to be solely at your own risk. Power Adulting does not verify peer statements, conduct background screenings or run criminal histories on any of its users or members. Furthermore, Power Adulting does not make any representations or warranties regarding the behavior of users or members and in no circumstances shall we be liable for damages of any kind resulting from communications or meetings by you with any other user of the Site or Services. A person’s views, words and deeds are solely their own and you agree to take all necessary precautions in your interactions with other users or members. This is especially important if you choose to meet outside of the Power Adulting Site in any offline or in-person setting in which case you agree to review and abide by the precautions recommended through basic safety tips. You understand that Power Adulting makes no guarantees, either express or implied, regarding the peers you will meet through your use of the Site or the Service, including but not limited to the quantity, quality, compatibility, conduct or success you could attain with any personal development systems or strategies. You further understand that all interactions with other members or users are your sole responsibility and you agree that Power Adulting reserves the right, but has no obligation, to monitor any disputes between you and other members or users.
f. Proprietary Rights.
You understand and agree that the Site and the Service contains highly valuable proprietary information. Power Adulting owns and retains all proprietary rights in the Site and the Services, including but not limited to CONFIDENTIAL information such as the member matching, profiling and training systems. Power Adulting further asserts full proprietary rights and copyright or trademark protection in the Site or Service and, except for information in the public domain, that the materials posted by us, our partners, our licensors or our users of the Site or Service may be protected whether or not it is identified as proprietary. You agree not to disclose, display, modify, copy, transmit, publish, distribute, sell or perform any such material in any manner whatsoever without having first received the express written consent of the owner of such proprietary rights.
g. Modification, Interruption and Blocking.
Power Adulting reserves the right, at any time and at our sole discretion, to alter, suspend, restrict or discontinue any aspect of the Site or Service without notification and without liability to you or any third party, including but not limited to the availability of any content, feature, or database. Power Adulting further reserves the right to maintain the integrity of the Service by blocking the IP addresses of certain members or users from any access to the Site or Services. You acknowledge and agree that, regardless of the cause, Power Adulting is not responsible for any loss or damages resulting from the interruption or suspension of the Site or the Service.
h. Commercial Restrictions.
Under no circumstances may the Site or Services be used by an organization or business of any kind for commercial purposes. Companies are prohibited from membership and may not, by any means, collect user information or make unsolicited contact with any user. Unsolicited communication of any kind may be investigated and appropriate legal action taken.
i. User Courtesy.
Power Adulting provides a strong network of volunteers, employees and agents to assist and guide you. They are all here to help you and in no way should you ever be annoying, abusive, obscene, profane, sexist, racist, intimidating, threatening, harassing, or otherwise offensive. If your behavior towards any of our customer care team is deemed inappropriate or at any time threatening or offensive, we reserve the right to immediately terminate your membership or use of the Site and Services with no entitlement to any refund of unused subscription fees.
3. Information Use
b. Mutual Confidentiality.
You understand the importance of maintaining the confidentiality of all personal information pertaining to other users of the Site or the Services and agree that conversations shall at all times remain solely between you and the other users/members with the exception of mutual agreement and prior permission to seek guidance from a more highly trained outside advisor. You further understand that confidential information can be oral, written or visual in nature and includes, but is not limited to, photographic images, video recordings, spoken words, email addresses, personal website addresses, profile page details, or other personal information you may have from any source and you agree not to post or distribute any such materials on or though the Site and the Services. (See Lawful Disclosure and Imminent Danger of Abuse below for exceptions to this Confidentiality Agreement.)
c. Lawful Disclosure.
You understand that there are certain exceptions to the Power Adulting commitment to confidential nondisclosure of information and agree that Power Adulting may, by third party request or at our sole discretion, be required to disclose information you have provided if such disclosure is reasonable to:
- Fulfill the laws and requests ordered by law enforcement or any other legal process whether or not it’s required by applicable law;
- Protect or defend the rights or property of Power Adulting or any third party;
- Provide for the health and safety of all Power Adulting users, members and staff, as in the threat of harm or violence against any person.
d. Imminent Danger or Abuse.
e. Disclosure of Anonymous Information.
You understand that Power Adulting reserves the right to disclose your usage information and demographics in a manner that does not reveal your personal identity and you agree that by using the Site and the Services, we may anonymously use your experiences to promote and improve the Site and the Services.
4. Posting Guidelines
a. User Responsibilities.
You shall remain solely responsible for the material you upload or disseminate on the Site or Service. (Content that is published, uploaded or displayed on the Site or Service is herein referred to as “post”.) You agree not to post and not to transmit to other members any material that is harmful, inaccurate, offensive or unlawful including, but not limited to, profane, defamatory, abusive, racist, threatening, harassing, obscene, sexually oriented, illegal or any material that is infringing upon or violating a party’s privacy rights, publicity rights, property rights, proprietary rights, intellectual property rights or any other rights of any person.
b. Content Integrity.
You will not create more than one member profile and you will not provide inaccurate, misleading or false information to Power Adulting or to any other user. If information provided to Power Adulting, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify Power Adulting of such change. Power Adulting may, from time to time and at its sole discretion, use fictitious profiles to test and monitor the Services. For this and other reasons, some registered users will be unavailable for contact or matching.
c. Review Procedure.
Power Adulting is not obligated to, but does reserve the right to, monitor all advertisements, public postings and messages to ensure that they conform to content guidelines established by this Agreement. The posting guideline set forth herein are subject to change from time to time at our sole discretion. You understand that Power Adulting does not review all user posts to the Site or Service and we are not responsible for any content in these messages or materials. You further agree to remain solely responsible for the content of profiles, public postings, messages and other materials that you either upload or that you view.
d. Removal Privilege.
You understand and agree that Power Adulting may, at any time and at our sole discretion, review and remove any posting that we determine to be unacceptable or a violation of this Agreement. While Power Adulting is not responsible for any content of the messages or materials sent by users of the Site or Services, we do reserve the right, but are not obligated, to delete, move, or edit messages or materials, including but not limited to profiles, photos, public postings, double-blind emails and messages that violate, the law, this Agreement or community acceptability standards or that any of our members might consider offensive, threatening, harmful or a risk to any persons safety or an infringement upon anyone’s individual rights.
e. Reproduction Rights.
You acknowledge that any post uploaded to any public area of this Site or Service automatically authorizes Power Adulting and its users, affiliates, successors or assigns an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, publish, display, reproduce, alter, adapt, transmit and distribute any such materials. You further authorize sub-licenses of the forgoing, which extends to incorporating such materials into derivative works. By uploading and posting to this Site or Services you represent and warrant that you have legal authority to grant the reproduction rights of such materials and that public posting or use of your content by Power Adulting will not infringe or violate the rights of any third party.
f. Other Restrictions.
Advertising to, or solicitation of, other users or members is prohibited on this Site and Service. To protect our users and members from unwanted advertising or solicitation, we reserve the right to restrict the number of emails one person is allowed to send other users or members in a given 24-hour period of time. The number deemed appropriate is set at the sole discretion of Power Adulting.
5. Rules of Community Conduct
You agree to use the Site and Service in accordance with the following Rules of Conduct:
a. you understand that confidentiality is critical here at Power Adulting and you further agree to obtain explicit consent prior to disseminating any individual’s personal information to anyone publicly or privately including but not limited to comments, posts and referral program opportunities;
b. you shall not use the Site or Service to engage in any form of harassing behavior that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
c. you shall not post patently offensive communications, pictures, recordings or any other materials that are inaccurate, misleading, libelous, slanderous, abusive, defamatory, threatening, profane, offensive, sexually oriented, pornographic, obscene, illegal or in any way objectionable;
d. you shall not transmit or forward any unsolicited mass mailing through the Site or Services, including but not limited to chain-letter, junk-mail or spamming emails;
e. you understand that permission is required to share someone’s personal information (e.g., name, address, email, phone number, etc.) or upload another person’s materials of any kind (e.g., writings, photographs, videos, movies, images, music, software, etc.) and you further agree not to share or post personal information, messages, pictures, recordings or any other content from another individual without that persons consent and authorization (or the consent of the legal guardian in the case of a minor);
f. you may not use the Site or Service in any way that is fraudulent or otherwise unlawful or that violates, plagiarizes or infringes upon the rights of any third party, including but not limited to copyright and trade-mark law, privacy rights, publicity rights, property rights, intellectual rights, proprietary rights or any other rights of a person or entity;
g. you shall not promote unauthorized copies or provide a link to unauthorized copies of any copyrighted work created by another person or entity, including but not limited to illegally pirated images, audio, video or computer programs and software;
h. you shall not use the Site or Service to promote, publish, transmit or otherwise disseminate any content containing solicitations for funds, advertising, selling of goods and services or involvement in a political and religious platforms;
i. you shall not use the Site or Services to participate, promote or enable illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass any other individual, obtain another person’s identity information, create or disseminate computer viruses, or circumvent copy-protected devices;
j. you shall not use the Site or Service to upload, transmit or disseminate any disruptive codes, components or devices including, but not limited to, viruses, trojan horses, time bombs, worms, cancelbots or anything else that might cause harm in any way to the Site and Service or to the computer systems of Power Adulting or any of our users or members;
k. you shall not use scripts, bots or any other automated technology to access the Site or Services and you further agree not to engage in spamming, spimming, phishing, trolling, or similar activities;
l. you understand that voting/rating features benefit the community as a whole and that payment of consideration for extra votes/ratings or “gaming” the system through automated scripts or any other means is prohibited;
m. you shall not restrict access to content in any way, including but not limited to password only pages or hidden pages and images that are not linked to/from another accessible page;
n. you shall not post in your profile any contact information, including but not limited to email addresses, “instant messenger” nicknames, telephone numbers, postal addresses, URLs or full names;
o. you shall not use the Site or Services with the intention or tendency to annoy, harass, intimidate, threaten or in any other way interfere with another users enjoyment of the Site and Services;
p. you shall not use the Site or Services to solicit or engage in gambling or any similar activities;
q. you shall not conspire to defraud, swindle or deceive other users of the Site or Services;
r. you shall not collect or solicit another person’s password or personal identifying information for commercial or unlawful purposes;
s. you shall not engage in the sale of goods and services or any other commercial activity without the prior written consent of Power Adulting, including but not limited to advertising, barter, contests, sweepstakes or pyramid schemes;
t. you shall not impersonate, or misrepresent your association with, any person or entity, including but not limited to Power Adulting;
u. you shall not, in any way or in similar manner, refer to yourself as being “with Power Adulting Corporate Staff” without the right to the title of “Corporate Staff”, which is only available to current employees or explicitly authorized agents of Power Adulting;
v. you understand that users/members help other users/members in the Power Adulting community and as a volunteer greeting other users of the Site and Services, you agree to refer to yourself as no more than being “with Power Adulting,” or statements similar in nature, and that you as a volunteer may never add an extra title implying employee status including but not limited to “staff, management, corporate personnel, partners, etc.”, which is reserved only for an employee or explicitly authorized agent of Power Adulting (a proper volunteer greeting is, “This is Chris with Power Adulting.”);
w. you shall not promote or provide material that exploits people under the age of 18 in a sexual or violent manner and you further agree not to collect or solicit personal information from anyone under the age of 18;
x. you understand our podcast is available to listeners for free but that certain Power Adulting products/services charge a fee and you are aware that Power Adulting may provide a trial offer at a lower rate or without payment for a specified period of time for these introductory items;
y. you understand that Power Adulting is a “Wisdom Chats for Life Hacks” podcast and personal development exchange where you, as a community member, agree with the biblically mandated Judeo/Christian principle of “loving your neighbor as yourself” and you will do your best at all times to be upfront and forthright in your dealings before God and Peer;
z. you further understand that the above Rules of Conduct and this entire Agreement are for the benefit and safety of all users and members of this community and you agree to alert Power Adulting of any violations by guests, members, registered users or any other person using the Site and/or the Services.
6. Membership Options and Upgrade Fees
a. Member Privileges.
Both FREE and Upgraded memberships will be available to you. The basic (FREE) plan offers you the ability to participate in some, but not all, of the content and features of the Site and Service. To access additional content and features, including but not limited to special communication privileges with other Members, you must become a paying subscriber to the Service. Descriptions, policies and pricing of our Upgrade Plan and any other current subscription plans are deemed to be part of this Agreement and can be found at the Upgrade button of the website toolbar.
b. Privacy of Financial Information.
c. Upgrade Initiation Fee and Recurring Monthly Dues.
In addition to the basic FREE program, Power Adulting will offer certain other plans, which require payment for services. Most such subscriptions, including but not limited to monthly and prepaid plans, require a one time charge to get started that is followed by recurring periodic charges as agreed to by you. You understand that there is both an initiation and a recurring payment feature to your subscription and without further authorization, you agree to allow Power Adulting to charge your chosen payment provider for any use of the Service by you or any other persons using your billing account.
For a seamless uninterrupted service experience, Power Adulting automatically renews all paid subscriptions 24 hours prior to the Services expiration. Renewals, including but not limited to the prepaid two-year and monthly subscriptions, are renewed on a month-to-month basis for a single month at a time upon expiration of the original term. YOU UNDERSTAND THAT THERE IS AN AUTOMATIC RENEWAL AT THE END OF YOUR ORIGINAL TERM AND YOU AGREE THAT YOUR ACCOUNT, WITHOUT FURTHER AUTHORIZATION, WILL BE SUBJECT TO THESE AUTOMATICALLY RECURRING PAYMENTS UNTIL SUCH TIME AS POWER ADULTING RECEIVES YOUR NOTICE OF CANCELLATION.
e. Membership Responsibilities.
You must initially provide current, complete and accurate billing information and promptly update any changes. You agree that Power Adulting may continue to bill you for Services until you have terminated your subscription as set forth in our cancellation policy, which may or may not require a non-electronic written confirmation. In the event that payment from your payment provider is not received, you agree to pay all charges for services including any late fees, bank fees or servicing fees rendered by Power Adulting. Non-termination or continued use of the Upgraded Services authorizes Power Adulting to charge your payment provider or bill you directly for advanced payment of such services. All introductory promotional (trial) memberships must be used prior to the established expiration date of the trial and you agree to pay the ongoing subscription fees unless the promotional membership is cancelled before the end of such trial period.
7. Cancellation Policy
a. Refundable (Money Back Guarantee) Notification.
Memberships are paid in advance for future services and may be cancelled at any time, for any reason and without any explanation. Power Adulting has two exceptions to that policy. The first 30 days of a first-time member offers an unconditional 100% money back guarantee of your entire purchase price, including any upfront initiation fee and monthly dues or any advance payments for the 24 month prepaid subscriptions. To notify Power Adulting of your intent to cancel without penalty or obligation at any time prior to the thirtieth day and receive a full refund you may email Customer Care at email@example.com. Power Adulting further agrees and assures you that if ever your improvement slows to the point of dissatisfaction, we will either make it right or refund one month’s dues. Notification is required to allow Power Adulting to correct any such situation and to do so you may email Customer Care at firstname.lastname@example.org.
b. Nonrefundable (At Will/Any Time) Notification.
Other than specified herein, membership registrations and subscriptions to the Site or Services may be cancelled at any time, for any reason, without explanation by sending written notice of termination to Power Adulting 152 Avenida De La Paz, San Clemente, CA 92672 or email your notification to email@example.com. Upon cancellation of any dues paying membership, full privileges will continue and your subscription will remain active, and usable by you, until your next payment due date. All subscriptions are paid in advance and no refunds will be paid for any unused days that remain on the prepaid portion of your subscription term. Any subscription commitments for multi-part payment plans must be paid in full prior to cancellation.
c. 3-Day Right of Rescission Notification.
With regard to your Power Adulting subscription, you, the buyer, may cancel this Agreement at any time prior to the midnight of the third business day after the date of this Agreement, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this Agreement, or words of similar effect. The notice shall be sent to Power Adulting Rescissions, 152 Avenida De La Paz, San Clemente, CA 92672. Under the 3-day cancellation or right of rescission policy, refunds will be made within 10 days after the receipt of your properly issued cancellation notice.
d. Refundable Death or Disability Notification.
Due to death or disability, you or your estate may be relieved of future payments that are unable to be used for services other than those which were received prior to death or onset of disability. Upon written verification, the unused services of a prepaid subscription will be calculated for the amount of time not yet received and promptly refunded to you or your representative. “Disability” is defined as any physical condition precluding you from using the Site or Services. Written verification regarding the condition and term of the disability, from a physician who is paid and appointed by you, must be sent to Power Adulting at 152 Avenida De La Paz, SanClemente, CA, 92672. In situations where the disability is expected to last less than six (6) months, Power Adulting may opt to extend your membership for a term comparable to your disability at no additional charge rather than cancel your subscription.
8. Contests, Sweepstakes and Third Party Links
a. Rules for Promotional Offers.
b. Third Party Links.
9. Claims for Copyright Infringement
Power Adulting promptly responds to any notice of alleged copyright infringement that complies with the Digital Millennium Copyright Act. If you believe that content hosted on this Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent at Power Adulting, 152 Avenida De La Paz, San Clemente, CA, 92672 with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the alleged copyright owner.
- Identification of the copyrighted work/works that you claim is/are being infringed.
- A clear description of the material that is claimed to be infringing and sufficient information to locate the material. (Providing URLs to the alleged infringing content in the body of an email is best.)
- Information to contact you, such as an 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 owner, its agent or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
PLEASE NOTE THAT UNDER SECTION 512(F) OF THE DMCA, ANY PERSON WHO KNOWINGLY MISREPRESENTS THE INFRINGEMENT OF ANY MATERIAL OR ACTIVITY MAY BE SUBJECT TO LIABILITY.
10. Disclaimer of Warranty and Limits of Liability
a. “As Is / As Available” and Links.
The information contained in this website is for general information purposes only. You understand that while we endeavor to keep the information up to date and correct, Power Adulting makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose and you agree that any reliance you place on such information is therefore strictly at your own risk. Furthermore, through this Site you are able to link with other websites in which we have no control over the nature or availability of content. The inclusion of these links is for your convenience only and does not in any way imply a Power Adulting recommendation or endorsement. The Power Adulting Site and the Services are all provided to you on an “as is” and “as available” basis without representations and warranties of any kind, whether express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are incapable of exclusion under the law.
b. Non-Responsibility Statement.
Power Adulting is a podcast, personal development community and online gathering place to match mentors with those who want to be mentored. Power Adulting further wants to provide tools through the Site and the Services such as expert advice, interviews, forums, blogs, articles, commentaries, studies and other helps for the overall improvement of ourselves and our peers. Power Adulting does not warranty the reliability, endorse any information nor guarantee your effectiveness or results from the use of such information. You understand that we do not guarantee the security, accuracy, timeliness or completeness of the Site or the Services and you agree that Power Adulting assumes no responsibility on the Site or the Services for any error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or member communications. Furthermore, Power Adulting makes no warranty for the Site or Services, takes no responsibility for technical malfunctions and expressly disclaims any liability for injury or damage resulting to the computer of any user or third party by connectivity or availability problems, including but not limited to hardware such as telephone networks, computer systems, computer equipment, email services and podcast players or software such as that used for participating or downloading materials from the Web or the Service.
c. At Your Own Risk.
Due to the helping nature of our volunteer peer community and, therefore, the vast array of differing opinions, you understand that there may be inaccuracies, delays or even omissions in the distribution of content and information and agree that your use of this information and the Site or the Service is entirely at your own risk. Under no circumstances does Power Adulting represent or endorse the accuracy or reliability of any user, member, advertiser, respective author, expert guest or other third party information source which has been displayed, uploaded, or distributed through the Site or the Service by any person or entity, including but not limited to any advice, opinion, statement, commentary, article or member profile. Furthermore, Power Adulting is not responsible for anyone’s loss or damage, including personal injury or death, resulting from the online or offline conduct of any user or member, including but not limited to views, words and deeds that are posted as content, transmitted as information or transacted as either online or offline interactions between users of the Site or the Services. You understand that reliance in any way upon the information of any person or entity using the Site and Services is at your sole risk and you agree, that upon proper posting of revisions to the website, your continued use of the Site and/or the Services will constitute a binding acceptance of this Agreement or any subsequent revisions to this Agreement. Please consult the end of this Agreement to determine when the Agreement was last revised.
d. Recommendation for Licensed Specialist.
In accordance with the preceding and this entire Agreement, any advice found on or through the Site or the Services is for informational and entertainment purposes only and is not intended to replace any professional recommendation in the medical, relational, vocational, financial, legal, or any other field of expertise. You understand that Power Adulting makes no representations or warranties and accepts no liability regarding the guidance, support, effects or results obtained by any person adhering to the information or assistance offered through the Power Adulting Site and/or Services and you agree, in the event of a need for in-depth professional counsel, you will seek out the more qualified opinion of a licensed medical or professional specialist.
e. Limits of Liability.
To the maximum allowable extent of the law, in no event will Power Adulting or its officers, directors, employees, agents or affiliates be liable to you or any third party for any direct, indirect, compensatory, exemplary, incidental, general, special, punitive or consequential damages and/or injury including but not limited to loss of data, profits or time arising from the conduct of you or anyone with whom you interact, any failure of performance, breach of warranty, or your use or inability to use the Site or the Services, including without limitation, emotional distress, bodily injury and loss or damage resulting from any contact with users or members of the Site or the Services, whether or not the user or member registered under fraudulent pretenses. Without limiting any other provisions of this Agreement, Power Adulting’s liability to you for any cause whatsoever, and no matter whether such claims are based on contract, tort, negligence, strict liability or any other cause of action, will at all times be limited to the greater of $30 U.S., if you haven’t paid for any Services, or the amount paid by you for the term of your subscription, even if Power Adulting has been advised of the possibility of such damages.
11. Miscellaneous Provisions
a. Indemnification by You.
You hereby agree to indemnify, defend and hold harmless Power Adulting and all its Indemnified Partners (including officers, directors, owners, employees, agents, affiliates and third party associates) from any liability, cost, loss, claim, demand and expense (including reasonable attorneys’ fees) incurred by the Indemnified Partners in connection with any third party claim relating to or arising out of your use (including your postings) or inability to use the Site or the Services, your violation of any third party rights (including any breach of this Agreement), or your violation of any applicable laws or regulations. Power Adulting reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you shall fully cooperate with Power Adulting in the defense of any such claim.
b. Jurisdiction of Law.
This Agreement represents the entire agreement between you and Power Adulting regarding the use of the Site and/or the Services and supersedes any other agreement or understanding on the subject matter (including but not limited to prior versions of this Agreement). You understand that California law, without regard to its conflict of law provisions, shall govern any dispute arising out of or relating to this Agreement or the use of the Site or the Services and you expressly agree and consent to the exclusive jurisdiction and venue of the federal and state courts in the Central District of California.
c. Limits of Claim.
Moreover, as a condition of using Power Adulting Services, except in jurisdictions where such restrictions are prohibited, you understand that any and all disputes and causes of action arising out of or connected to the Site or the Services shall be resolved individually and you agree not to resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Site, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure in any respect of Power Adulting to exercise or enforce any right provided hereunder shall not be deemed a waiver of any such right, provision or further right.
d. Other Disclosures and Communication.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable. You understand that Power Ahdulting may assign your membership or this Agreement in whole or in part and you agree not to transfer or sublicense your membership or this Agreement to any third party without the prior written consent of Power Adulting. No agency, partnership, joint venture, or employment is created as a result of this Agreement and except as otherwise expressly stated herein there shall be no third party beneficiaries to this Agreement. Headings are for convenience only and have no legal or contractual effect. All notices under this Agreement shall be in writing and sent by certified mail with a return receipt requested or confirmed electronically by facsimile or email.
12. Date of Last Revision.
May 29, 2020
Please go to firstname.lastname@example.org with any questions regarding this Agreement.
I HAVE READ AND HEREBY AGREE TO ALL OF THE PROVISIONS CONTAINED IN THE ABOVE AGREEMENT.