TERMS AND CONDITIONS

TERMS AND CONDITIONS OF USE
for ExxxtraPower Website
(https://exxxtrapower.com)

LAST UPDATED:  November 4, 2023

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING OR USING THIS WEBSITE, YOU AKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE (“TERMS”) AND ANY OTHER APPLICABLE LAWS. IF THESE TERMS OF USE ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.

By continuing to access or use the Website (the “Website”), or any service on the Website, you signify your acceptance of the TERMS. From time to time, ExxxtraPower may modify the TERMS. Accordingly, please continue to review the TERMS whenever accessing or using the Website. We will make every effort to notify users of material changes by posting updates prominently and contacting registered users by email. Your continued use of the Website, or any service on the Website, after the posting of modifications to the TERMS, will constitute your acceptance of the TERMS, as modified. If at any time you do not wish to accept the TERMS, you may not use the Website. Any terms or conditions proposed by you that are in addition to or which conflict with the TERMS are expressly rejected by ExxxtraPower.com and shall be of no force or effect.

User Representations. In using the Website, you represent, warrant and agree that you have read and agree to be bound by the TERMS and shall: (i) comply with ????U.S. law regarding the transmission of any data obtained from the Website in accordance with the TERMS; (ii) not to use the Website for illegal purposes or in any way that may cause harm to any person or business entity; and (iii) not interfere with or disrupt networks connected to the Website.

While using the Website, you agree not to do any of the following:

·       harass, stalk or otherwise abuse another user;

·       collect personal data about other users for commercial or unlawful purposes;

·       transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Website), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);

·       transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;

·       transmit or otherwise make available through the Website any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes; or

·       attempt to gain unauthorized access to our computer system or to any other user’s computer system;

·       impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Website or to us, including forging any ExxxtraPower.com header or any part of the header information in any transmission to the Website for any reason;

·       use automated means, including scripts, spiders, robots, crawlers, data mining tools, etc., to download or upload data to or from the Website;

·       upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Website;

·       violate any applicable local, state, federal or international law, rule or regulation; or

·       engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality the Website.

 

We reserve the right, without notice and in our sole discretion, to revoke your right to use the Website and block or prevent your future access to the Website. We also reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

Additional User Representations. This Website is intended solely for users who are thirteen (13) years of age or older and it is a violation of these Terms of Use for anyone under 13 years of age to access the Website or submit any user information. By using the Website, you represent, warrant and covenant that you: (i) are over the age of 13; (ii) have the power and authority to enter into this Agreement; (iii) shall not use any rights granted hereunder for any unlawful purpose; and (iv) shall use the Website only as set forth in these TERMS.

If you are under the age of 13, you may not use or access the Website, nor may you register for an account on the Website. The sale of any of the Website’s products or services, or those of its affiliates or advertisers, are not directed to persons under the age of 18. If you are purchasing any products or services via this Website, you represent that you are at least 18 years of age.

???Intellectual Property. “ExxxtraPower.com” is a trademark of and owned by ExxxtraPower.com. All third-party trademarks and other third-party intellectual property rights remain the property of their respective third-party owners.

The Website, including but not limited to text, content, photographs, video, audio and graphics contained therein, is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the ??U.S. and other countries. The Website is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All text and other content, including articles, columns, graphics and other elements of the Website are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Website, in accessing or using any such Submission. By using the Website, you acknowledge ExxxtraPower.com’s ownership of and interest in the intellectual property and agree not to challenge the validity or enforceability thereof. The reproduction, distribution, transmission, display, or use of this Website and any content is prohibited without the prior written consent of ExxxtraPower.com.

Submissions. You hereby grant to ExxxtraPower.com a royalty-free, perpetual, irrevocable, worldwide right and license to use, reproduce, modify, adapt, print, publish, broadcast and rebroadcast, transmit, sublicense, sell, edit, modify, translate or otherwise alter or create derivative works from all Submissions submitted to ExxxtraPower.com, including all words, images and photographs, videos and other content (collectively, the “Submissions”) on or in the ExxxtraPower.com Website, social media pages associated with ExxxtraPower.com, and in any and all media or technology now known or developed in the future, as well as all types of advertising and promotion or any other content for any lawful purpose of ExxxtraPower.comin TExxxtraPower.com’s discretion.

User hereby waives all rights of publicity, privacy, or related rights in connection with the use of the Submissions and/or User’s name, likeness, image in connection with the Website and grants ExxxtraPower.com a license to use their name and likeness in any published Submissions in perpetuity without compensation of any kind.

ExxxtraPower.com is not responsible for the accuracy of User’s Submissions or the truthfulness of any listed credentials.  ExxxtraPower.com reserves the right, in our sole discretion, to review, edit, remove or refuse to publish any User Submissions or other user-generated content that we believe may be prohibited, inappropriate, or in violation of these TERMS.

ExxxtraPower.com may modify any Submission submitted by a User.  For example, ExxxtraPower.com reserves the right to print only excerpts of articles, and make typographical and related changes, in its discretion. ExxxtraPower.com reserves the right to remove any sales or advertising language from any Submission.  ExxxtraPower.com is under no obligation to publish any Submission submitted by a User in whole or in part.

In connection with Submissions, User represents, warrants and agrees that User has the necessary rights, consents, licenses, and permissions to reproduce, distribute, publicly perform, publicly display, communicate to the public, and otherwise use and exploit (and allow ExxxtraPower.com to use and exploit in any media now known or hereafter created) such Submissions and ExxxtraPower.com will not be required to obtain any licenses or permissions from, or pay any third party for use of such Submissions. ExxxtraPower.com is not responsible for any infringement of third party rights as a result of a User’s Submission, or any failure by a User to obtain the necessary permissions and consents in connection with a Submission and User shall indemnify ExxxtraPower.com against any third party claims that arise from that User’s Submission.

ExxxtraPower.com reserves the right to refuse publication should any column, post or letter to the editor be defamatory, violate the privacy rights of an individual, or contain unsubstantiated personal or political attacks. Opinions expressed in any User Submission, including but not limited to, articles, blog posts, columns, editorials, and/or letters to the editor, shall be considered those of the User alone, and may not reflect the views of anyone at ExxxtraPower.com.

Advertising. ExxxtraPower.com’s Advertising Policy is incorporated into these Terms of Use, describes the rules and requirements for advertising on this Website.

Feedback. If you provide ExxxtraPower.com with any suggestions, comments or other feedback relating to any aspect of the Website (“Feedback”), ExxxtraPower.com may use such Feedback in the Website or in any other third-party websites or promotional materials. Accordingly, you agree that: (a) ExxxtraPower.com is not subject to any confidentiality obligations with respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to ExxxtraPower.com, (c) ExxxtraPower.com (including all of its successors and assigns) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any manner, and (d) you are not entitled to receive any compensation or reimbursement of any kind from ExxxtraPower.com or any of the other Users of the Website with regard to the Feedback.

???Digital Millennium Copyright Act.
ExxxtraPower.com, pursuant to the Digital Millennium Copyright Act, designates ­Attorney at Law Eric Levine to receive complaints and notices of suspected copyright infringement.  If you believe that your work has been copied and is accessible on this Website in a way that constitutes infringement, you may notify ExxxtraPower.com by providing the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  3. Identification of the URL or other specific location on this Website where the material that you claim is infringing is located;
  4. Your address, telephone number and e-mail address;
  5. 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;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Any notification of a claimed infringement that fails to substantially comply with the above provisions will not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.

Mr. Levine can be reached via e-mail at copyright@ExxxtraPower.com ExxxtraPower.com may terminate the User account and access rights of any repeat infringer of intellectual property rights.

Please note that the information provided in your notification, including any personal information contained therein, may be forwarded to the person who has provided the allegedly infringing content, and sending us such notification constitutes your consent to share this information with the alleged infringer.

If you believe that a DMCA notice has been submitted against you improperly, you may submit a Counter-Notice, pursuant to Sections 512(g) of the Digital Millennium Copyright Act.

We suggest that you consult your legal advisor before submitting a notice of copyright infringement as there may be penalties for false claims. Please also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys’ fees, incurred by us, the alleged infringer, the copyright owner or any authorized licensee of the copyright owner as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

Rights Reserved. All present and future intellectual property rights in and to trade secrets, patents, copyrights, trade names, trademarks, service marks, databases, know-how and other proprietary rights of any type under the laws of any governmental authority, including rights in and to all applications and registrations appearing on or relating to the Website (the “IP Rights”) shall, as between you and ExxxtraPower.com, at all times be and remain the sole and exclusive property of ExxxtraPower.com.

Restrictions on Use. You agree not to use, transfer, distribute or dispose of any information contained on the Website for any commercial purpose. You acknowledge that the Website has been developed, compiled, prepared, revised, selected and arranged by ExxxtraPower.com and others through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of ExxxtraPower.com and others. You may use the Website content only for your own use to view on the Website or to purchase products sold via the Website or its advertisers or affiliates. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any intellectual property or content appearing on the Website without the ExxxtraPower.com’s prior written consent. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

Disclaimer and Limitation of Liability. You agree that your use of the Website is at your sole risk and acknowledge that the Website and anything contained therein, including, but not limited to, content, services, goods or advertisements (the “Items”) are provided “AS IS” and that ExxxtraPower.com MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ITEMS, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE. You agree that ExxxtraPower.com, its suppliers, partners, franchisees, and its third-party agents shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of ExxxtraPower.com, its employees, subcontractors, franchisees, agents, suppliers or otherwise arising in connection with the Website; (ii) any fault, inaccuracy, omission, delay or any other failure in the Website; or (iii) any reliance upon the content of the Website. The content of other Websites, services, goods or advertisements that may be linked to the Website is not maintained or controlled by ExxxtraPower.com. ExxxtraPower.com is therefore not responsible for the availability, content or accuracy of other Websites, services or goods that may be linked to, or advertised on, the Website. ExxxtraPower.com does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Website; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Websites, services, goods or advertisements that may be linked to the Website; or (c) make any endorsement, express or implied, of any other Websites, services, goods or advertisements that may be linked to the Website. You understand that ExxxtraPower.com and/or any suppliers may choose at any time to inhibit or prohibit their content from being accessed under the TERMS.  You understand that ExxxtraPower.com reserves the right to monitor and remove content that it may deem inappropriate.  You understand that ExxxtraPower.com does not have the obligation to monitor and remove any objectionable content at any time.

ExxxtraPower.com is not responsible for typographical errors or omissions, including those relating to pricing, text or photography. While ExxxtraPower.com attempts to make your access and use of the Website and services safe, ExxxtraPower.com cannot and does not represent or warrant that the Website and its content are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from any download.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ExxxtraPower.com, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ExxxtraPower.com FOR ACCESS TO OR USE OF THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AND EXCLUSION OF CERTAIN DAMAGES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

The Website may include unmoderated information containing the personal opinions and other expressions of the persons who submit entries on a wide range of topics. Such entries are the opinions of the specific authors and are not statements of advice, opinion, or information of the Website or any Website-affiliated person or entity. The content on this website, including, but not limited to, the text, graphics, images, links, user comments, and other materials is for informational purposes only. The content does not constitute medical, legal, or other professional advice and is not intended to be a substitute for professional advice. Reliance on any information provided herein is solely at your own risk. You should use the content on the Website in the same manner as any other educational and/or entertainment medium and you should not rely on the content to the exclusion of your own judgment.

Some of the information on the Website is provided by third parties, including information compiled from government and/or publicly available sources. ExxxtraPower.com is not in a position to verify this information and does not warrant that such information is true or accurate. ExxxtraPower.com will not be liable for any errors or omissions in this information. ExxxtraPower.com will not be liable for any losses, injuries, or damages from the display or use of this information.

Links. The Website may contain links to other Internet Websites on the World Wide Web. ExxxtraPower.com provides such links for your convenience only, and is not responsible for the content of any Website linked to or from this Website. Links from this Website to any other Website do not mean that ExxxtraPower.com approves of, endorses or recommends that Website. ExxxtraPower.com disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other Website. You hereby agree that your access and use of any additional Website material, including information, material, products or services contained therein, is solely at your own risk. Under no circumstances will ExxxtraPower.com be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site.

Indemnification. You agree to defend, indemnify and hold harmless ExxxtraPower.com, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) including, without limitation, any actual or threatened suit, demand or claim made against ExxxtraPower.com and/or its independent contractors, service providers, employees, owners, franchisees, directors or consultants, which may arise out of or are in any way connected with your access, visitation and/or use of the Website, unauthorized use of content obtained on or through the Website, breach or alleged breach of the TERMS, breach of your representations and warranties, or from any of your acts or omissions in connection with the Website.

Termination. You may terminate this Agreement by discontinuing use of the Website and destroying all Submissions obtained from the Website. This Agreement will terminate immediately without notice if ExxxtraPower.com determines, in its sole discretion, that you have failed to comply with any provision of these TERMS. TAP may terminate your access to all or any part of Website at any time, with or without cause or notice, effective immediately. Such termination may result in the removal of all your Submissions and other information associated with your use of the Website.  However, any Terms related to User Submissions shall survive as long as those User Submissions remain visible on the Website.

Privacy. Your privacy is important to ExxxtraPower.com. ExxxtraPower.com’s Privacy Policy, which can be found at https://exxxtrapower.com/privacy-policy and which is incorporated into these Terms of Use, further describes the collection and use of information on this Website.

Miscellaneous. If any provision of these TERMS is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of these TERMS.  The section headings are for reference and the convenience of the readers and shall not constitute part of these TERMS for interpretation purposes. These TERMS (and the other ExxxtraPower.com agreements referenced above) constitute the entire and only agreement between you and ExxxtraPower.com and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the subject matter hereof. The failure to enforce any provision of these TERMS shall not be deemed a waiver of such provision nor of the right to enforce such provision. You agree that all notices, disclosures, and other communications that ExxxtraPower.com provides to you electronically (including by e-mail) satisfy any legal requirement that such communications be in writing.

The Website is controlled and offered by ExxxtraPower.com from the United States of America. Content published on the Website is solely intended for users within the United States and may refer to products, programs, or services that are not available in other countries. ExxxtraPower.com makes no representations that the Website is appropriate or available for use in other locations. Users who access or use the Website from other jurisdictions do so at their own risk and must at all times comply with local law, including but not limited to the export and import regulations of other countries.

Changes to Website. You acknowledge that ExxxtraPower.com has the right to change the content, features or technical specifications of the Website at any time at ExxxtraPower.com’s sole discretion for any reason or no reason, without notice. You further accept that such changes may result in your being unable to access the Website, due to maintenance or malfunction of computer or network equipment or other reasons.

No Class Action. You agree that the making of claims or resolution of disputes pursuant to this agreement shall be in your individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. You agree that to the extent permitted by applicable law, that any and all disputes will be resolved individually in the forum designated in these TERMS, without resort to any form of class action.

Governing Law. These TERMS shall be governed and construed in accordance with the laws of the United States of America and the State of New Jersey, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Union County, New Jersey, with respect to any legal proceedings arising out of this agreement and waive any objection to the propriety or convenience of venue in such courts.

Contact. If you have any questions about the TERMS, please contact us at:contact@ExxxtraPower.com