1. ACCEPTANCE OF TERMS
1.1 You should read these
the POWERMATCHER.US.com website ("Website") in any manner. Your use
of the Website constitutes acceptance of these Terms. If you
do not agree to all of these terms, do not use this Website.
1.2 The Terms are entered into
by and between POWERMATCHER.US ("POWERMATCHER.US") and you. If
you are using the Website on behalf of your employer, you
represent that you are authorized to accept these Terms on
your employer's behalf.
2. YOUR OBLIGATIONS
2.1 You are not required to
register in order to use portions of this Website. However,
in the future certain portions of this Website may be
available only to registered users. If you choose to
register, you agree to: (a) provide true, accurate, current,
and complete information as prompted by the registration
form (the "Registration Data"), and (b) maintain and
promptly update the Registration Data to keep it true,
accurate, current and complete.
You are solely responsible for the security of your
password. POWERMATCHER.US is not liable
for any unauthorized use of the Website.
If you are an POWERMATCHER.US customer or an POWERMATCHER.US Technology Partner, you acknowledge
and agree that certain portions of this Website may provide
password-restricted access to information about you and your
relationship with POWERMATCHER.US, such as Registration Data and
certain terms of your existing contracts, to assist
customers in purchasing, maintaining, and supporting
POWERMATCHER.US products, and to assist Technology Partners in
marketing, purchasing, maintenance, training, and support
activities. By using this Website, you consent to
display of such information via the Website and accept all
risks of unauthorized access to such information.
If you provide any information that is false, inaccurate,
out of date, or incomplete, or POWERMATCHER.US has reasonable
grounds to suspect that such information is false,
inaccurate, not current, or incomplete, POWERMATCHER.US may suspend or terminate your account
(as described in Section 5) and refuse any and all current
or future use of the Website (or any portion thereof).
2.5 You are responsible for
all expenses, including, without limitation, phone charges
and telecommunications equipment, that you incur in order to
use the Website.
You acknowledge that you may obtain access via the Website
to certain confidential information of POWERMATCHER.US and its
suppliers and partners, such as technical, contractual,
pricing, marketing, and other valuable information
("Confidential Information"). You agree not to disclose
Confidential Information to any person or entity other than
employees or contractors in your organization who have a
need to know and who are bound by contractual obligations of
confidentiality sufficient to give effect to this Section 3.
Under no circumstances will you disclose Confidential
Information to a competitor of POWERMATCHER.US.
You may use Confidential Information solely for the purpose
of purchasing, maintaining, and supporting POWERMATCHER.US
products, and/or for marketing purposes if you are a
POWERMATCHER.US Technology Partner. Title to Confidential
Information remains with POWERMATCHER.US and
its suppliers and partners. You agree, either as an
individual or on behalf of your employer, to be bound by the
provisions of this Section 3. Furthermore, if you are acting
on behalf of your employer, your employer agrees to
indemnify you for violations of this Section 3.
3.3 You do not acquire any
rights in Confidential Information, except the limited right
to use Confidential Information as described above.
3.4 Any breach of the Terms
will result in irreparable harm to POWERMATCHER.US for which
damages would be an inadequate remedy and, therefore, in
addition to its rights and remedies otherwise available at
law, POWERMATCHER.US will be entitled to equitable relief,
including both a preliminary and permanent injunction, if
such a breach occurs. You waive any requirement for the
posting of a bond or other security if POWERMATCHER.US seeks such
3.5 Your obligations regarding
Confidential Information expire five (5) years after the
date of disclosure. Upon termination of your access to the
Website or POWERMATCHER.US's written request, you must cease use of
Confidential Information and return or destroy all
3.6 The Terms impose no
obligation upon you with respect to Confidential Information
that you can establish by legally sufficient evidence: (a)
you possessed, or knew, prior to your receipt from
without an obligation to maintain its confidentiality; (b)
is or becomes generally known to the public through no act
or omission by you, or otherwise without violation of the
Terms; (c) you obtained from a third party who had the right
to disclose it, without an obligation to keep such
information confidential; (d) you independently developed
without the use of Confidential Information and without the
participation of individuals who have had access to
Confidential Information. You may disclose Confidential
Information in response to a valid order by a court or other
governmental body, or as otherwise required by law, provided
that you give prior notice to POWERMATCHER.US adequate to afford
POWERMATCHER.US the opportunity to object to the disclosure.
4.1 You agree to indemnify and
hold POWERMATCHER.US, and its subsidiaries, affiliates, directors,
officers, employees, agents, and partners, harmless from any
claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of your use of the
Website, including any use by your employees or contractors,
your violation of the Terms, or your violation of any rights
5. NOTICES; MODIFICATION AND
TERMINATION OF SERVICES
POWERMATCHER.US may send notices
to you via either electronic mail or regular mail. The
Website may also provide notices of changes to the Terms or
other matters by displaying notices or links to notices.
POWERMATCHER.US reserves the right to modify or discontinue,
temporarily or permanently, products, services, or content
offered on the Website (or any part thereof) at any time
without notice. POWERMATCHER.US, in its sole discretion, may
terminate your account or use of the Website for any reason,
including, without limitation, for lack of use or if
POWERMATCHER.US believes that you have violated the Terms. Further,
POWERMATCHER.US will not be liable to you or any third-party for
any termination, modification, or suspension of access to
the Website (or any part thereof).
6. ADVERTISEMENTS AND PROMOTIONS
POWERMATCHER.US may display
advertisements and promotions from third parties on the
Website. The manner, mode, and extent of advertising on the
Website are subject to change. Your correspondence or
business dealings with, or participation in promotions of,
advertisers other than POWERMATCHER.US found on or through the
Website, including payment and delivery of related goods or
services, and any other terms, conditions, warranties, or
representations associated with such dealings, are solely
between you and such advertiser. POWERMATCHER.US is not responsible
or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence
of such non-POWERMATCHER.US advertisers on the Website.
7.1 The Website may provide
links to other Internet sites or resources as a convenience
to you. Because POWERMATCHER.US has no control over such sites and
resources, you acknowledge and agree that POWERMATCHER.US is not
responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or
liable for any content, advertising, products, services, or
other materials on or available from such sites or
resources. POWERMATCHER.US will not be responsible or liable,
directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or
reliance on any such content, goods, or services available
on or through any such site or resource.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 The Website contains
proprietary and confidential content that is protected by
applicable patent, trademark, copyright, and other
intellectual property rights and laws. Except as specified
below, nothing contained herein shall be construed as
conferring, by implication, estoppels, or otherwise, any
license or right under any patent, trademark, or copyright
of POWERMATCHER.US or any third party.
8.2 Any software, software
updates, or patches downloaded from the Website may be used
only: (i) as allowed under the accompanying license; or (ii)
subject to the license governing the original product.
8.3 Services provided as an
element of POWERMATCHER.US's support, training, or professional
services are governed by the terms of the applicable
support, training, or professional services agreement.
8.4 You must not modify,
decompile, or reverse engineer any software obtained from
the Website, and must not remove, overprint, or deface any
notice of copyright, trademark, or other notice of ownership
from any originals or copies of software or Confidential
Information obtained from the Website.
POWERMATCHER.US hereby authorizes
you to copy materials published by POWERMATCHER.US on this Website
solely for non-commercial use within your organization (or
if you are a POWERMATCHER.US Technology Partner, your customer's
organization) in support of POWERMATCHER.US products or services.
No other use of the information is authorized. In
consideration of this authorization, you agree that any copy
of these materials that you make shall retain all copyright
and other proprietary notices in the same form and manner as
on the original.
9. DISCLAIMER OF WARRANTIES
9.1 YOUR USE OF THE WEBSITE IS
AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. UNLESS OTHERWISE EXPLICITLY STATED,
THE CONTENT ON THE WEBSITE IS PROVIDED "AS IS."
DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY
IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTIES AS
TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR
COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON THE WEBSITE.
9.2 ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT
YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING
ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
10. LIMITATION OF LIABILITY
10.1 TO THE EXTENT NOT
PROHIBITED BY APPLICABLE LAW, POWERMATCHER.US IS NOT LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL,
USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER
ECONOMIC ADVANTAGE (EVEN IF POWERMATCHER.US HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS
OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, OR
OTHERWISE, ARISING OUT OF OR RELATED TO: (i) THE USE OF OR
THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER
MATTER RELATING TO THE WEBSITE, INCLUDING CONTENT YOU MAY
DOWNLOAD, USE, MODIFY, OR DISTRIBUTE FROM THE WEBSITE.
can be found at
http://www.POWERMATCHER.US.com/privacy. By using the Website,
you are consenting to the processing of your data by
POWERMATCHER.US and consenting to the terms of
Policy. If POWERMATCHER.US decides to change that policy,
will post the revised policy prominently on the Website or
otherwise bring it to your attention.
12. GENERAL INFORMATION
12.1 The Terms constitute the
entire agreement between you and POWERMATCHER.US with respect to
your use of the Website, superseding any prior agreements
between you and POWERMATCHER.US (including, but not limited to, any
prior versions of the Terms). You also may be subject to
additional terms and conditions that may apply when you use
other POWERMATCHER.US products or services, third-party content, or
third-party products or services. You must not assign or
otherwise transfer the Terms or any right granted hereunder.
Sections 3, 7, 8, 9, 10, and 11 survive termination of the
12.2 Massachusetts law and
controlling U.S. federal law govern any action related to
the Terms. No choice of law rules of any jurisdiction apply.
The parties specifically disclaim the U.N. Convention on
Contracts for the International Sale of Goods. You and
POWERMATCHER.US agree to submit to the personal and exclusive
jurisdiction of the courts located within Middlesex County,
Massachusetts and/or the corresponding U.S. federal courts.
POWERMATCHER.US controls and
operates this Website from its headquarters in the United
States of America and makes no representation that the
content of the Website is appropriate or available for use
in other locations. If you use this Website from other
locations, you are responsible for compliance with
applicable local laws including but not limited to the
export and import regulations of other countries.
12.4 You acknowledge and agree
that the content of the Website may be subject to the U.S.
Export Administration Laws and Regulations. Diversion of
such content contrary to U.S. law is prohibited. You agree
that none of the content, nor any direct product there from,
is being or will be acquired for, shipped, transferred, or
re-exported, directly or indirectly, to proscribed or
embargoed countries or their nationals, nor be used for
nuclear activities, chemical or biological weapons, or
missile projects unless authorized by the U.S. Government.
Proscribed countries are set forth in the U.S. Export
Administration Regulations. You agree to comply strictly
with all U.S. export laws and assume sole responsibility for
obtaining licenses to export or re-export as may be
12.5 This Website could
include inaccuracies or typographical errors.
to make the information on the Website accurate and current
but does not guarantee it. Use of such information is at
your own risk. POWERMATCHER.US may modify the content, products,
services, and prices described in this Website at any time
without notice. POWERMATCHER.US may amend these Terms at any time
by posting the amended terms on the Website.
12.6 The failure of
to exercise or enforce any right or provision of the Terms
does not constitute a waiver of such right or provision. If
a court of competent jurisdiction finds any provision of the
Terms to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other
provisions of the Terms remain in full force and effect.
Regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the
Website or the Terms must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and
have no legal or contractual effect.
POWERMATCHER.US Trademark Notices
POWERMATCHER.US logo and other trademarks
appearing on this website are trademarks or registered
trademarks of POWERMATCHER.US, Inc., in the United States and/or
other countries. All rights reserved.
disclose our information gathering and dissemination
practices for this website, http://www.POWERMATCHER.US.com/. Upon
1. The organization collecting
the information from you through the website.
2. What personally identifiable
information is collected.
3. How the information is used.
4. With whom the information may
5. What choices are available to
you regarding collection, use, and distribution of the
6. The kind of security
procedures that are in place to protect the loss, misuse, or
alteration of information under POWERMATCHER.US's control.
7. How you can access and correct
any inaccuracies in the information collected about you.
Questions regarding this policy should be directed to the
POWERMATCHER.US website coordinator by emailing
Webmaster or writing to us at the following address:
Attn: Website Coordinator
18133 Bilney Drive
Olney, MD 20832
What Happens to Your Information?
POWERMATCHER.US is the sole owner of the information it gathers
on its website. POWERMATCHER.US will only share your information
with outside parties in ways that are described in this
the good-faith belief that such action is necessary in order
to conform to the edicts of the law, cooperate with law
enforcement agencies, or comply with a legal process served
on our company
What Information is Collected and
How it is Used?
Registration may be required in order to access certain
areas of the website, such as the support and partner areas.
If you choose to register on the website, we will collect
contact information such as name, mailing address, email
address, phone number, and company information such as
company name and website URL. This information is used to
provide product support or other services that you may
request. The information may also be used to contact you
with marketing or promotional information from
our partners. You will have the opportunity to "opt-out" of
such contacts when you register.
We use email links located on the "contact us" page and
other areas of the site to allow you to contact us directly
with any questions or comments you may have. We read every
message sent in and try to reply promptly to every one. This
information is used to respond directly to your questions or
comments. We may also file your comments to improve the site
or our products and services, or review and discard the
information. Your personal information is only shared with
third parties with your explicit permission.
The POWERMATCHER.US website may log IP addresses and browser
types for systems administration purposes. These logs may be
analyzed to improve the value of the materials available on
the website. A user's session may be tracked, but the user
will be anonymous. We do not link IP addresses to any
personally identifiable information.
A cookie is an element of data that a website can send to
your browser, which may then be stored on your system.
you return to the site. You can set your browser to notify
you before you receive a cookie, giving you the chance to
decide whether to accept it. You can also set your browser
to turn off cookies. If you do so, however, some areas of
some websites may not function properly.
Third Party Service Providers
POWERMATCHER.US may contract with third parties to assist us in
managing certain functions in connection with our website,
such as sending out newsletters. POWERMATCHER.US will only provide
third party service providers with the information necessary
to carry out the service. Third party service providers will
be contractually prevented from using the information
received from POWERMATCHER.US for any purpose other than those
dictated by POWERMATCHER.US.
The POWERMATCHER.US website may contain links to other websites,
such as partner or vendor websites. Please note that the
privacy policies of these websites may differ from that of
website you may visit.
Choices Regarding the Use
of Your Information
How to Unsubscribe from
To unsubscribe from receiving
POWERMATCHER.US marketing or
promotional materials, send an email request to
Webmaster. Also, if an unsubscribe link appears at the
end of an email, when you click on it you will be
unsubscribed from such mailings.
How to Update User Information
POWERMATCHER.US may provide a self-service capability to update
your information via the website. Also, you can send an
email request to
Webmaster to update your email address or any other
information you have given to POWERMATCHER.US.
Protecting your privacy and your information is a top
priority at POWERMATCHER.US. We have taken measures to prevent the
loss, misuse, and alteration of your information. Once we
receive your information that was entered into our website,
it is stored behind a firewall. All POWERMATCHER.US employees are
aware of our privacy and security policies. Your information
is only accessible to those employees who need it in order
to perform their jobs.
Notification of Changes
If we are going to use your personally identifiable
information in a manner different from that stated at the
time of collection through this website, we will notify you
via email. You will have a choice as to whether or not we
use your information in this different manner. In addition,
if we make any material changes in our privacy practices
that do not affect user information already collected
through our site, we will post a prominent notice on our
website notifying users of the change.
that POWERMATCHER.US has not complied with it, please contact the
POWERMATCHER.US website coordinator by emailing
Webmaster or writing to us at the following address:
Attn: Website Coordinator
P.O. Box 109
North Versailles, PA 15137