TERMS & CONDITIONS OF USE Welcome to the Power Pill website, located at http://www.powerpillenergy.com (the “Site”) and operated by N.B.S.P., Inc., a Texas corporation (“NBSP”). THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU, THE END USER (ON BEHALF OF YOURSELF, OR YOUR COMPANY OR ORGANIZATION), AND NSBP. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING TO USE THE SITE. YOUR USE OF THE SITE MEANS THAT YOU AGREE TO THE TERMS OF THIS AGREEMENT. References in this Agreement to “NBSP”, “we,” “us” or “our” mean NBSP. We may at our sole and absolute discretion change, add, modify, or delete portions of this Agreement at any time without notice. It is your sole responsibility to review this Agreement for changes prior to use of the Site, and in any event your continued use of the Site following the posting of changes to this Agreement and the Privacy Policy set forth elsewhere on the Site, the terms of which are incorporated by this reference, constitutes your acceptance of any changes. You must be at least 13 years old to use the Site. You must be at least 18 years old to request a free Power Pill sample. Intellectual Property. The content, organization, graphics, design, compilation, and other matters related to the Site are protected under applicable U.S. and international copyright, trademark and intellectual property laws. “Power Pill” and our logos and other marks are either trademarks or registered trademarks of NBSP (“Trademarks”). We exclusively own all worldwide right, title and interest in and to all the Trademarks, documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the Site and related to the Site, and all modifications and derivative works thereof, and all intellectual property rights related thereto (the “Intellectual Property”). The posting of information or materials on the Site by us does not constitute a waiver of any rights in any Intellectual Property or such information and materials. You shall not challenge, contest or otherwise impair NBSP’s ownership of the Site and the content therein or the validity or enforceability of NBSP’s rights in the Intellectual Property. We reserve the right in our sole discretion to edit or delete any information or other content appearing on the Site at any time without notice. Nothing contained in this Agreement shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in the Intellectual Property or any copyright, trademark, patent or other intellectual property right of NBSP or any third party. Copyright Policy. None of the material on our Site may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of NBSP, which permission may be withheld in our sole and absolute discretion. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide us with the following information: a description of the copyrighted work that you claim has been infringed and where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written 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 signed statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. NBSP’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: N.B.S.P., Inc., 10350 Fountaingate Dr., Stafford, Texas 77477. Accuracy of Information. While we use reasonable efforts to include accurate and up to date information in the Site, we make no and disclaim all warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assume no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the information contained on the Site. Age Requirement. You must be at least 18 years old to obtain a free Power Pill sample. Our Rights To Your Content. Any communication or material you transmit or post will be treated as non-confidential and non-proprietary by NBSP. You are solely responsible for any content, discussions, chats, postings, transmissions, news, messages, photos, videos, comments, blogs or profiles (collectively, “Content”) that you transmit in connection with the Site. By transmitting Content to NBSP, you automatically grant, as well as represent and warrant that you have the right to grant, to NBSP, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, distribute, publish, and/or broadcast, in whole or in part, in any medium and in any manner on this Site or otherwise such information and Content and that NBSP has the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You understand and agree that NBSP may review and delete any Content that in the sole judgment of NBSP violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of NBSP or any user of the Site. Privacy. You hereby acknowledge and agree that you have no expectation of privacy with regard to any Content you submit, transmit, or post on to or through the Site. Since we cannot guarantee security of information on the Site, all use thereof is at your own risk and without recourse against us. We will not be responsible for the accuracy of any Content contained on our Site. Please choose carefully the information and Content you transmit to NBSP. Your NBSP profile may include personally identifiable items, including last names, email addresses, telephone numbers, and street addresses. Any and all information that we obtain from you, or from transactions processed through the Site, including names, addresses, telephone numbers, e-mail addresses and any other information concerning use, transactions, and traffic through the Site may be collected and used by us as provided in our Privacy Policy. You confirm that you have read and agree to the terms of our Privacy Policy, the terms of which are incorporated herein. We make no and disclaim all representations or warranties with regard to the sufficiency of the security measures used for data handling and storage. We will not be responsible for any actual, consequential special or incidental damages that result from a lapse in compliance with our Privacy Policy because of a security breach or technical malfunction. International Users. If you use the Site from outside of the United States, your connection will be through and to servers located in the United States, your orders placed through the Site will be fully processed in and shipped from the United States and all information you provide will be processed and maintained in our web servers and internal systems located within the United States. By using the Site, you authorize the export of personal information to the United States and its storage and use as specified above when you provide such information to us. Power Pill Samples. Through the Site, we offer free Power Pill samples. We cannot guarantee the availability of a particular product at any particular time. We reserve the right to change our merchandise offerings on the Site, without notice, at any time. We also reserve the right to change contents, features and offerings, and adjust accessibility, of the Site from time to time in our sole and absolute discretion. When you visit the Site or send us emails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you are under 18, you may use Site only with involvement and consent of a parent or guardian. You must be at least 18 years old to obtain a free Power Pill sample. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. Product Descriptions. NBSP attempts to be as accurate as possible when describing products. We do not warrant that product descriptions or other content of the Site is accurate, complete, reliable, current, or error-free. If a product offered by the Site itself is not as described, please contact customer service at support@powerpillenergy.com or at the address listed at the end of this Agreement. Delivery. All free Power Pill samples are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. We reserve the right to limit quantities of any free product/s that may be obtained from the Site in our sole discretion and to decline to ship any product/s to any person outside the continental United States. Returns. Due to the nature of our products, we do not accept returns for products ordered. If you have any questions, please contact customer service at support@powerpillenergy.com or 1-800-842-8566. Remedies. You hereby acknowledge that if we, in our sole discretion, determine you to be in breach of this Agreement, we may restrict, suspend, or terminate your access to all or any part of the Site with or without notice. Termination shall be without prejudice to any other right or remedy to which we may be entitled under this Agreement or at law. Disclaimer. THE SITE AND ALL CONTENT, MATERIALS AND PRODUCTS CONTAINED IN THE SITE, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. IN ADDITION, NBSP DISCLAIMS (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE SITE; (C) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE TRANSMISSION, USE OR INABILITY TO USE THE SITE OR CIRCUMSTANCES OVER WHICH THE ORGANIZATION HAS NO CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SITE MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. NBSP SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE OR USE OF ANY INFORMATION ACCESSED THROUGH THE SITE OR PRODUCTS PURCHASED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NSBP THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTY OF ANY KIND. Limitation of Liability. NBSP SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, ANY VIRUSES AFFECTING THIS SITE, THE USE OR INABILITY TO USE THIS SITE THE RESULTS GENERATED FROM THE USE OF THIS SITE, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS, HOWEVER CHARACTERIZED, AND/OR FROM ANY OTHER CAUSE WHATSOEVER. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NBSP’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, TO NSBP IN THE SIX (6) MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM. Indemnity. You will indemnify and hold us, our subsidiaries, parents, affiliates, officers, directors, shareholders, legal representatives, agents, and other partners and employees, harmless from loss, liability, costs, damages or expenses from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all claims, liabilities, judgments, losses, damages, costs, charges, attorney’s fees, and other expenses of every nature and character by reason of (i) your use of the Site; (ii) your breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement; and/or (iii) your participation in any offline NBSP event. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. Subject to the arbitration provision below, any legal actions related to this Agreement and/or the Site, or your use thereof, shall be brought and conducted in Harris County, Texas, and each user hereby consents to such jurisdiction and authorizes and accepts service of process sufficient for personal jurisdiction in any action against him as contemplated by this section. Any dispute regarding this Agreement shall be settled by confidential arbitration under the Commercial Arbitration Rules then in effect of the American Arbitration Association (“AAA”). The arbitration hearing shall take place in Houston, Texas. The parties agree to the appointment of one arbitrator within 30 days of either party’s filing of a Notice to Arbitrate. If the parties cannot agree on the selection of an arbitrator, a suitable arbitrator will be selected pursuant to the AAA rules. The arbitrator must be qualified with at least 10 years experience dealing with disputes in the consumer products industry. Texas law shall govern both substantive and procedural matters in the arbitration hearing. The fees of the arbitrator shall be equally shared and paid by the parties; however, the prevailing party in the arbitration shall be awarded its reasonable attorney’s fees and costs incurred. The decision of the arbitrator shall be binding and conclusive on both parties, and the award may be entered in any court having jurisdiction. All parties waive the right, if any, to obtain any award for exemplary or punitive damages or any other amount for the purpose or imposing a penalty from the other in any arbitration or judicial proceeding or other adjudication arising out of or with respect to this Agreement, or any breach hereof, including any claim that said Agreement, or any part hereof, is invalid, illegal or otherwise voidable or void. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor the right to enforce such provision. If you have any questions regarding this Agreement, please contact us: N.B.S.P., Inc.
YOU AGREE TO THESE TERMS AND CONDITIONS IN ORDER TO USE THIS SITE. PRIVACY POLICY N.B.S.P., Inc., a Texas corporation (“NBSP”) has created this Privacy Policy (“Privacy Policy”) in order to demonstrate our commitment to the privacy of our web site visitors. The following discloses our information gathering and dissemination practices for the Power Pill website, located at http://www.powerpillenergy.com (the “Site”). Please be aware that if you use the Site, register in any fashion in connection with the Site, or participate in a survey, contest, sweepstakes, or other promotion available on the Site, you are agreeing to both the terms of this Privacy Policy and our Terms and Conditions of Use set forth elsewhere on the Site, the terms of which are incorporated by this reference, each as in effect from time to time. Please also be aware we reserve the right at our discretion to make changes to this Privacy Policy at any time, and all such changes shall be immediately applicable. Your use of the Site will be your consent to any change to this Privacy Policy. Your continued use of our Site following the posting of changes to this Privacy Policy will mean you accept those changes. Your Contact Information You may, in the course of using our Site, choose to provide us with personal information about yourself including without limitation your name, e-mail address, mailing address, or phone number. We may collect financial information, which will only be used for the purpose the information is given (a particular purchase) and will not be shared except as necessary to complete such use (i.e., banks, fulfillment houses). Do not provide false information to access any portion of our Site. Use of Information We use personally identifiable information for various purposes. For example, we may use information you provide to process your request for a free Power Pill sample or to provide for merchandise delivery to your home. You may provide us with information that we maintain and reference as part of our attempts to provide better and more personalized service to you. We might also use online registries or other databases to permit you to use and participate in certain portions in or features of our Site. We also use such information to make our online marketing and other communications with you more efficient. Similarly, we may use personally identifiable information in connection with certain of our activities with our partners, such as marketing efforts, co-sponsorships, and other initiatives. We also collect this information as we deem may be reasonably necessary for tracking/verifying compliance with federal, state and local laws or for editorial and feedback solicitation purposes. We may sometimes share personal information given to us with third parties. For instance, there may be third party service providers for our operations or business activities, with whom we have an agreement for services who transmit, store, analyze or otherwise use such information in connection with their services to us. We may also occasionally share information about our users with advertisers, business partners, sponsors and other third parties in aggregate, not as individuals. We may offer e-mail services, contests, sweepstakes, or promotions that are sponsored by or co-sponsored with non-affiliated companies. Based on our agreement with them, these third parties may obtain personally identifiable information that Site visitors voluntarily submit to participate in the contest, sweepstakes, or promotions. We have no control over the use of this information by these companies. We do reserve the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of NBSP. We may disclose your information in response to a court order, to enforce our Terms and Conditions of Use, at other time when we believe we are reasonably required to do so by law and/or whenever we deem it appropriate or necessary to give such information to law enforcement authorities. Please note we will not provide you with notice prior to disclosure in such cases. Opting Out When you receive e-mails or other communications from us, you should have the ability to “opt out” of receiving any further such communications. Please note that if you have signed up or provided information at different times for different purposes, you may have to opt out multiple times. Cookies We also collect information automatically and through the use of electronic tools that may be transparent to you. We may log the name of your Internet Service Provider, IP address, or use “cookie” technologyto assist us with enhancing your experience on our Site, including but not limited to troubleshooting the Site or server (which may require third party technical support), Site administration, using cookies to store your user name and password (if applicable) sparing you from having to re-enter that information each time you visit, or to control the number of times you encounter a particular advertisement while visiting our Site. As we adopt additional technology, we may also gather information through other means. In certain cases, you can choose not to provide us with information by setting your browser to refuse to accept cookies, but be aware that doing so may limit your ability to access certain portions of the Site. Third Party Advertisers and Links As you access our Site, our advertisers, promotional partners or other third parties may use cookies or other technology to attempt to identify some of your preferences or retrieve information about you. Although these activities may appear to be coming from our Site, they may actually be coming directly from third parties. We do not control the use of this technology or the resulting information and are not responsible for any actions or policies of such third parties. Additionally, during your visit to our Site you may link to, or view as part of a frame on our page, certain content that is created or hosted by a third party. Third parties, including our partners, advertisers, affiliates and other content providers accessible through our Site, may have their own privacy and data collection policies and practices. We are not responsible for the actions, privacy, security or content of such third parties. If you are asked to provide information on one of these web sites, we encourage you carefully to review their privacy policy before sharing your information. Children The Site is not directed at children under the age of 13 and NBSP will not provide any free Power Pill samples to any person under the age of 18. If we discover we have received any information from a child under 13 in violation of the law, we will delete that information immediately. If you believe that we have any information from or about anyone under 13, please contact us at: N.B.S.P., Inc., 10350 Fountaingate Dr., Stafford, Texas 77477. Security We take reasonable precautions to maintain the security and accuracy of personally identifiable information we collect, including limiting the number of people who have physical access to our database servers, as well as employing electronic security systems that guard against unauthorized access. Please note that e-mail is not encrypted. We cannot guaranty the security of any information you disclose online and you do so at your own risk.
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