Introduction
The following terms and conditions are in regard to the use of Potensic’s official website. By using the website, visitors are inherently agreeing to the terms set below. These terms may be updated periodically. May the term “you” be defined as visitors to the website, and “we” as Potensic. These Terms of Use, together with Potensic's Privacy Policy, constitute the entire agreement between you and Potensic in relation to your use of this website and supersede all previous agreements in respect of your use of this website.
License to Use Website
Unless otherwise stated, Potensic and/or its licensors own the intellectual property rights to the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download (for caching purposes only), and print pages, user manuals, or other product information from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms & Conditions. However, you may not republish material from this website (including republication on another website), or sell, rent, or sub-license material from the website; display any material from the website in public; reproduce, duplicate, copy, or otherwise exploit material on this website for commercial purposes; edit or otherwise modify any material on the website; redistribute material from this website, except content specifically and expressly made available for redistribution.
Acceptable Use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent, or harmful; or in connection with any unlawful, illegal, fraudulent or harmful purposes or activity. You must not use this website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software. You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction, and data harvesting) on or in relation to this website without Potensic's express written consent. You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without Potensic's express written consent.
User Content
In these Terms & Conditions, "your user content" means material (including, without limitation, text, images, and audio-visual material) that you submit to this website, for whatever purpose. You grant to Potensic a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant Potensic the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Potensic or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings, or other similar complaints. Potensic reserves the right to edit or remove any material submitted to this website, or stored on Potensic's servers, or hosted or published on this website. Notwithstanding Potensic's rights under these Terms & Conditions in relation to user content, Potensic does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
No Warranties
This website is provided "as is" without any representations or warranties, express or implied. Potensic makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, Potensic's does not warrant that:
- This website will be constantly available or available at all
- The information on this website is complete, true, accurate or non-misleading
- Nothing on this website constitutes or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, or medical matter you should consult an appropriate professional.
Limitations of Liability
Potensic will not be liable to you (whether under the law of contract, the law of torts, or otherwise) in relation to the contents of, use of, or otherwise in connection with this website:
- To the extent that the website is provided free-of-charge, for any direct loss
- For any indirect, special, or consequential loss
- For any losses of the business, revenue, income, profits, anticipated savings, contracts, business relationships, reputation, goodwill, or loss or corruption of information or data
These limitations of liability apply even if Potensic has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit Potensic's liability in respect of any:
- Death or personal injury caused Potensic's negligence
- Fraud or fraudulent misrepresentation on the part of Potensic
- The matter that it would be illegal or unlawful for Potensicto exclude or limit, or to attempt or purport to exclude or limit its liability
Other Parties
You accept that, as a limited liability entity, Potensic has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Potensic's officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Potensic's officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors, as well as Potensic.
Indemnity
You hereby indemnify Potensic and undertake to keep Potensic indemnified against any losses, damages, costs, liabilities, and expenses (including, without limitation, legal expenses and any amounts paid by Potensic to a third party in settlement of a claim or dispute on the advice of Potensic's legal advisers) incurred or suffered by Potensic arising out of any breach by you of any provision of these Terms & Conditions, or arising out of any claim that you have breached any provision of these Terms of Use.
Breaches
Without prejudice to Potensic's other rights under these Terms & Conditions, if you breach these Terms & Conditions in any way, Potensic may take such action as Potensic deems appropriate to deal with the breach; including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website, and bringing court proceedings against you.
Assignment
Potensic may transfer, sub-contract, or otherwise deal with Potensic's rights and obligations under these Terms & Conditions without notifying you or obtaining your consent. You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these Terms & Conditions.
Severability
If a provision of these Terms & Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Contact Us
If you have any questions about these Terms of Use, please contact us at info@potensic.com.