Terms and Conditions

This page contains the Terms and Conditions under which you may use any Web site (the "Web sites") owned by Power Applications, Inc. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use the Web sites and service. By using the Web sites, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. Power Applications, Inc. (“Power Applications”), the owner of the Web sites, may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this Web site for any reason. This site is designed for users age 18 or older. If you are not at least 18, then you will need a parent/guardian's permission to use this site. 

Power Applications aggregates open employment opportunities from various employers and job boards, and posts them on Power Applications’s free Web sites where Web site users may learn about the open employment positions. When visiting Power Applications’s Web sites, users may request information from Power Applications’s advertisers. By voluntarily requesting such information and providing a valid e-mail address to Power Applications, the user explicitly grants permission for Power Applications, its affiliates and advertisers, to send the user e-mails regarding the information requested by the user while visiting Power Applications Web site(s). If the user no longer desires to receive e-mails from Power Applications, the user may follow the opt-out procedures in the e-mail from Power Applications.  

Information collected by Power Applications is limited to such information that is applicable to employers seeking qualified job applicants.  Power Applications does not request or collect personal information such as social security numbers, checking account numbers or credit card numbers and advises visitors and users of its Web sites not to share such information with unknown Internet sites or individuals and to refrain from including any such information in a resume or job application.   

Use of Material

The contents of the Web sites, such as text, graphics, images, logos, button icons, software and other content (the "Material"), are protected under United States and foreign copyright, trademark and other laws. All Material is the property of Power Applications or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Web sites is the exclusive property of Power Applications and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Material on any copy (permitted or not permitted) you make of any of Power Applications's Material. You may not sell or modify Power Applications's Material or reproduce, display, publicly perform, distribute or otherwise use Power Applications's Material in any way for any public or commercial purpose. The use of Power Applications's Material on any other Web site or in a networked computer environment for any purpose is prohibited. Further, the HTML code that is created by Power Applications while generating its pages is also protected by Power Applications's copyright. 

Power Applications reserves the right to terminate the accounts of users who violate Power Applications's policy on infringement of copyright or other intellectual property rights of others. 

Power Applications and all of its affiliated companies respect the intellectual property of others, and we ask our users and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner's rights. As a condition to your use of the Web sites, you agree not to use the Web sites to infringe the intellectual property rights of others in any way. Power Applications will assist the respective owners of the various intellectual properties in order that they may protect their rights to the fullest extent of both domestic and international law. We reserve the right to take these actions at any time, in our sole discretion, with or without notice and without any liability to any user.  

Acceptable Site Use

The Web sites may be used only for lawful purposes by individuals seeking to find out more information or purchase the various products offered on the Web sites.

Prohibited Uses of the Web sites 

General Rules

Users may not use or reference Power Applications's Web sites in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) that is defamatory, obscene, threatening, abusive or hateful.  

Web site Security Rules

Users are prohibited from violating or attempting to violate the security of the Web sites, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web sites, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Power Applications will investigate occurrences that may involve such violations and will cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

Furthermore, users of the Web sites are prohibited from the following:

• Using any device, software or routine to interfere or attempt to interfere with the proper working of the Web sites or any activity being conducted on the Web sites.

• Taking any action that imposes an unreasonable or disproportionately large load on the Web site's infrastructure.

• Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars and intelligent agents) to navigate or search the Web sites other than the search engine and search agents available from Power Applications on the Web sites as well as generally available third-party Web browsers, such as Netscape Navigator and Microsoft Explorer.

• Attempting to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Web sites.

• Aggregating, copying or duplicating in any manner any of the materials or information available from the Web sites.

• Framing of or linking to any of the materials or information available from the Web sites unless authorized to do so.

• Providing false information of any kind.

Power Applications reserves the right to terminate the accounts of Users found to be engaging in any of these prohibited uses.

User Information (Privacy Statement)

When you contact Power Applications, you may be asked to provide Power Applications with certain information including, without limitation, a valid e-mail address (your "Information"). Please review the privacy policies found on the Web sites to understand how Power Applications uses your information.  

Power Applications's Liability

While Power Applications attempts to maintain the accuracy of the Web sites, the material may contain inaccuracies or typographical errors. Power Applications makes no representations about the accuracy, reliability, completeness or timeliness of the Web sites or the Material. The use of the Web site and the Material is at your own risk. Changes are periodically made to the Web sites and may be made at any time.

Power Applications does not render legal or financial advice. Power Applications specifically disclaims any liability, loss or risk Incurred directly or indirectly by the use of the Web sites and services. If you need legal or financial advice, please contact qualified professionals in your area.

Power Applications is not involved with any decision-making or offers made from companies other than its own. Power Applications does not guarantee that your use of the Web sites will result in employment.

Even though Power Applications monitors its Web sites and servers to ensure that they are operating error-free and are free of computer viruses or other harmful mechanisms, Power Applications does not warrant that the Web sites will at all times operate without error. If your use of the Web sites or Materials results in the need for servicing or replacing equipment or data, Power Applications is not responsible for those costs.

Power Applications keeps its information as current as possible, but due to the nature of the Internet, it cannot guarantee that all URLs are currently working.

The Web sites and Materials are provided on an as-is basis without any warranties of any kind. Power Applications, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for a particular purpose and non-infringement. Power Applications makes no warranties about the accuracy, reliability, completeness or timeliness of the Materials and services. 

Disclaimer of Consequential Damages

In no event shall Power Applications, its suppliers or any third parties mentioned on the Web sites be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits or damage resulting from lost data or business interruption) resulting from the use or inability to use the Web sites and Materials, whether based on warranty, contract, tort or any other legal theory, and whether or not Power Applications is advised of the possibility of such damages. 

Links to Other Sites

The Web sites may contain links to third-party Web sites. Power Applications provides these links as a convenience only and does not endorse any of these sites. Power Applications is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.

No Resale or Unauthorized Commercial Use

You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of the Web sites. Further, since the Web sites are a source for reference only, you agree not to cite the Web sites as any type of authoritative or information source. Power Applications will not be liable or endorse any type of referral made to the Web sites.  

Termination

Power Applications reserves the right, at its sole discretion, to pursue all of its legal remedies (such as terminating use and/or license to use any of the programs) upon any breach by a User of these Terms and Conditions or if Power Applications is unable to verify or authenticate any information a User submits to the Web sites.  

Indemnity

You agree to defend, indemnify and hold harmless Power Applications, its officers, directors, employees and agents, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees resulting from your use of the Materials or your breach of the terms of these Terms and Conditions. Power Applications shall provide notice to you promptly of any such claim, suit or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.  

Reserved Right of Refusal

Power Applications, in its sole discretion, reserves the right to refuse fulfillment of your order, or refuse you any involvement with Power Applications services, or to delete your assigned user name and password if you breach any of the terms of this agreement.  

Modifications to Terms and Conditions

Except as otherwise provided in this Agreement, you agree that Power Applications may: (1) revise the terms and conditions of the Terms and Conditions;  and/or (2) modify any part of the services provided by any Power Applications Web site at any time. Any such revision or change will be binding and effective immediately after posting of the revised Terms and Conditions or change to the service(s) provided on Power Applications's Web sites. You agree to periodically review Power Applications Web sites, including the current version of these Terms and Conditions, to be aware of any such revisions. By continuing to use Power Applications's services after any revision to these Terms and Conditions or change in services, you agree to abide by and be bound by any such revisions or changes. Power Applications is not bound by nor should you rely on any representation by (i) any agent, representative or employee of any third party that you may use to apply for our services; or (ii) information posted on our Web sites of a general informational nature. No employee, contractor, agent or representative of Power Applications is authorized to alter or amend the terms and conditions of these Terms and Conditions or any Agreement between you and Power Applications.  

General Terms

Power Applications makes no claims that the Materials may be lawfully viewed or downloaded in your jurisdiction. Access to the Materials may not be legal by certain persons or in certain countries. If you access these Web sites, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the State of Florida. Jurisdiction for any claims arising under this agreement shall lie exclusively with the courts within Orange County, and all parties submit to the jurisdiction of the venue of these courts. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Web sites, such as a particular legal notice or material on particular Web pages, these Terms and Conditions constitute the entire agreement between you and Power Applications with respect to the use of the Web sites. No changes to these Terms and Conditions shall be made except by a revised posting on this page.  

Additional Terms of Use

Certain areas of the Web sites may be subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas. Any such terms will be posted to the Web sites. 

E-mail Policy

If you receive an e-mail from Power Applications, its affiliates or advertisers, your e-mail address was obtained as a result of either: (a) your express and voluntarily request to receive information from Power Applications, its affiliates or advertisers; or (b) your existing relationship with Power Applications, its affiliates or advertisers.  Each e-mail sent contains an automated method to “opt out” of receiving additional e-mails from Power Applications or its affiliates. If you no longer wish to receive e-mails from Power Applications or its affiliates, please follow the instructions at the end of any e-mail.  If you remove your information from Power Applications’s database, it will no longer be used by us for secondary purposes, disclosed to third parties, or used by us or third parties to send promotional correspondence to you.  

Detailed Wireless Policy

Data obtained from you in connection with this SMS service may include your name, address, cell phone number, your provider's name, and the date, time, and content of your messages.  In addition to any fee of which you are notified, your provider's standard messaging rates apply to our confirmation and all subsequent SMS correspondence.  All charges are billed by and payable to your mobile service provider.  We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator.  SMS message services are provided on an AS IS basis. You may opt-out and remove your SMS information by sending "STOP", "END", or "QUIT" to the SMS text message you have received.  If you remove your SMS information from our database, it will no longer be used by us for secondary purposes, disclosed to third parties, or used by us or third parties to send promotional correspondence to you. You may also send an email to: textoptout@gmail.com with your wireless number and the words “Stop”, “Quit”, or “End” in the body to be removed. 

Personal References

In registering for Power Applications's Web site services, you agree to provide Power Applications with personal and professional references whom Power Applications, as well as Power Applications clients, may contact via e-mail. By providing these references and their e-mail addresses you agree that prior to providing these references to Power Applications that you have contacted your references and informed them that they may be contacted by Power Applications or its clients, via email, in the future and that your references have consented to being contacted via e-mail by Power Applications and its clients.

The foregoing Terms and Conditions create a binding agreement between you and Power Applications, Inc., and your use of this or any Power Applications, Inc., Web site constitutes acceptance of the Terms and Conditions.