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Privacy statement

Privacy Policy

powerwasher

powerwasher is a manufacturing company that supplies pressure washers, pumps, hoses and replacement parts to consumers and industrial customers around the world.  powerwasher offers an online portal allowing customers to register and review products available at the domain www.powerwasher.com/ (the "Website" or "Site"), as described further in our Terms of Service. 

We respect and are committed to maintain your privacy.  This privacy policy and agreement (“Privacy Policy”) covers how we collect, use, and treat personal information that you may provide through our Website.  Our Privacy Policy applies to all users of our Website (collectively, “you”), including (i) casual visitors to our Site, who do not register with us (“Site Visitors”), and (ii) users who register for and engage in the services (“Registered Users”).   The terms “powerwasher,” “we,” and “us” refer to powerwasher, Inc.

YOUR CONSENT TO THE TERMS OF THIS PRIVACY POLICY CREATES LEGAL OBLIGATIONS FOR YOU AND FOR US.  PLEASE READ SECTION 1 (YOUR CONSENT) TO LEARN WHAT CONSTITUTES "CONSENT" UNDER THIS PRIVACY POLICY.  IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE REFRAIN FROM USING OUR SITE. 

1.                  Your Consent.

Please read this Privacy Policy carefully; once you consent to this Policy’s terms, it creates legal obligations on you and on powerwasher.  We ask you to show your consent to the terms of this Privacy Policy in different ways, depending on your relationship to the Site.  The procedures for consenting to this Policy are (a) less formal if you are simply a casual Site Visitor, and (b) more formal if you are seeking to become a Registered User on the Site.  IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE REFRAIN FROM USING OUR SITE. 

1.1.            Consent by Site Visitor.  By accessing and using our Site as a Site Visitor, you are acknowledging that you have read and understood this Privacy Policy and agree to be legally bound by it. 

1.2.            Consent by Registered Users.  If you register as a user of our Site, you will be prompted to click an "I Accept" button linked to this Policy during the registration process.  Clicking "I Accept" further confirms your agreement to be bound by this Privacy Policy.

2.                  The Types of Information We Collect.

Information we may collect when you visit our Site or participate in our services falls into three broad categories, as follows:

2.1.            Personal Information.  We use the term “Personal Information” to mean any information that could reasonably be used to identify you, including your name, address, e-mail address, date of birth, or any combination of information that could be used to identify you.  We collect and use Personal Information in the manner described in Section 3 (Our Uses of Your Personal Information).  You can always decline to supply Personal Information, with the caveat that it may prevent you from engaging in certain services.

2.2.            Activities Information.  We use the term "Activities Information" to refer to information collected by so-called "persistent identifiers" such as cookies and web beacons.  Unlike Personal Information, Activities Information does not directly identify a particular person; the Information, however, is or can potentially be linked to a particular computer or device.  Activities Information is collected and used in the manner described in Section 5 (Our Collection and Use of Activities Information). 

2.3.            Aggregated Statistics.  We use the term “Aggregated Statistics” to mean information that does not identify you and that is not linkable to a device or computer you use.  Aggregated Statistics includes statistical information concerning, for example, (i) how users generally use our services, and (ii) which pages they visit most frequently. Section 6 (Aggregated Statistics) describes our collection and use of Aggregated Statistics. 

3.                  Our Use of Personal Information.

You decide whether you wish to provide us with Personal Information.  We may collect information from you at different points (for example, when you request more information from us or register a product you have purchased for warranty purposes), and we do not collect information to process online transactions.  powerwasher collects Personal Information only insofar as is necessary or appropriate to fulfill the purpose of your interaction with powerwasher.

3.1.            Registration.  We collect Personal Information when you register for the service and set up your user account.  This information includes username, real name, email address, and date of birth (for age-gating purposes in accordance with Section 8 (Privacy Protection for Children)).  We use Personal information in connection with providing you with the service. 

3.2.            Communications to Us.  If you send us an email with questions, comments or requests for additional information, or if you include your Personal Information when providing us with feedback, we may use your email address and other information included in your correspondence to respond to you.

3.3.            Alerts and Other Notices.  We will use your email address and other Personal Information to send you information concerning powerwasher, our Site, products, and other information that we think would be of interest (including an invitation to review our products).  You will have the ability to opt out of receiving these materials as provided in Section 9 (Opting Out). 

3.4.            Surveys and Contests.  We may periodically conduct surveys or contests through our Site, and request Personal Information from you in connection with these surveys and contests.  We will use this Personal Information in connection with the surveys and contests, and for purposes of monitoring and improving our Site and our products and services.  In the event that we wish to use Personal Information in a manner different from what is set out in our Privacy Policy, we will notify you of the relevant details when asking you to participate in the survey or contest.

3.5.            Other Uses.  In addition to the uses specifically identified in this Section 3 (Our Uses of Your Personal Information), we may use Personal Information you submit in any other manner we reasonably deem necessary in order to provide you with the information and services you request from us via the Website.

4.                  Disclosure of Personal Information

We will not disclose Personal Information about you to third parties without your express consent, except in the following circumstances: 

4.1.            Vendors.  We employ other companies to perform functions both on our and your behalf, such maintaining the Website, collecting information, sending and responding to electronic mail and other functions necessary to support powerwasher, the Website and the products and services that we offer (collectively, the "Vendors").  We will provide Vendors with only that Personal Information necessary to perform their functions and instruct them not to use Personal Information for any purpose inconsistent with this Policy.  We require that our Vendors agree contractually to comply with privacy laws and to maintain protections for Personal Information consistent with this Policy.

4.2.            Questions of Harm.  We may disclose Personal Information about you on a case-by-case basis to attorneys, private investigation organizations, or law enforcement agencies if we believe that you are: (i) in risk of harm from another; (ii) harming or interfering (or will harm or interfere) with others; or (iii) violating (either intentionally or unintentionally) our Terms of Use or other legal obligations.

4.3.            Legal.  We will reveal Personal Information about you to the extent we reasonably believe we are required to do so by law.  If we receive legal process calling for the disclosure of your Personal Information, we may attempt to notify you via the email address you provided (if any) within a reasonable time before we respond to the request, unless such notification is not permitted.  In addition, we may share your Personal Information with third parties as otherwise permitted by law in order, for example, to protect against fraud, the confidentiality or security of our business records or to comply with applicable legal requirements.

4.4.            Transfer of Ownership.  We shall be entitled to transfer Personal Information to a third party in connection with a sale of all or substantially all of the assets of the entity responsible for the information under this Policy, provided the acquiring third party has agreed to safeguard your Personal Information with protections that in all material respects are the same as or more protective than those set out in this Privacy Policy.

5.                  Our Collection and Use of Activities Information.

We and certain Vendors operating on our behalf collect Activities Information about your activity on our Site.  In addition, advertisers and other third parties might collect Activities Information via our Site.  The following further summarizes the Activities Information that is collected, and the purposes for which the Information is used:

5.1.            IP Addresses; Logs.  Either directly, or through our hosting service provider, we may automatically receive and record information from your internet browser, including your IP address (the internet address of your PC), your computer's name, the type and version of your web browser, referrer addresses, where the computer is routing from and other generally-accepted log information.  We may also record page views (hit counts) and other general statistical and tracking information that will be aggregated with information about other users in order to understand how our Website is being used, and for security and monitoring purposes.

5.2.            Cookies.  A cookie is a small amount of data that often includes an anonymous unique identifier that is sent to your browser from a website's computers and stored on your computer's hard drive.  Cookies can be used to provide a tailored user experience and to make it easier to use a website upon a future visit.  We may include cookies on our Website and use them to recognize you when you return to our Site.  Service providers that collect Activities Information on our behalf may provide an opportunity for you to choose not to be tracked online.  In addition, other third-party websites may recognize our cookies stored on your computer, and use that information to provide you with information related to the content of our Website.  You may set your browser so that it does not accept cookies, though cookies must be enabled on your web browser if you wish to access certain personalized features of our Site.

5.3.            Tags.  We may use "pixel tags," – small graphic images (also know as "web beacons", "single-pixel GIFS", or "web bugs") – to tell us what parts of our Website have been visited, to measure the effectiveness of searches users perform on our Site and for other purposes.  Pixel tags also enable us to send email messages in a format users can read, and inform us whether emails have been opened, to help ensure that our messages are of interest to recipients.  None of this data includes Personal Information, and you can opt out of receiving these types of emails from us by following the directions provided in Section 9 (Opting Out).  Personal Information collected using such tools will be subject to the terms of this Privacy Policy.

5.4.            Click-Throughs.  We may send emails that use a "click-through URL" linked to content on our Website.  When you click one of these URLs, you pass through our web server before arriving at the destination web page.  We track this click-through data to help determine interest in particular topics and measure the effectiveness of our communications.  If you prefer not to be tracked simply do not click text or graphic links in the email, or notify us in accordance with Section 9 (Opting Out).

5.5.            Banner Ads; Advertising Profiles.  Our Site may include the use of ad banner partners for the serving and/or targeting of ads, promotions, and other marketing messages.  These ads may be provided, in some cases, by a third party ad service provider or advertiser (collectively, "Advertisers").  These Advertisers may use traditional banner ads, or other advertising methods, such as advertising using profiles and related content.  An Advertiser may place or utilize its own cookie on your browser and may use Activities Information about your visit to our Site, such as the number of times you have viewed an ad.  If the Advertiser requests that you provide Personal Information to it, please be aware that the Advertiser's use and collection of this information will be governed by its privacy policy, and not our Privacy Policy.  We recommend that you review the Advertiser's privacy policy before providing Personal Information.  You may choose not to receive targeted advertising from certain ad networks, data exchanges, marketing analytics and other service providers as indicated at:    http://www.aboutads.info/choices/

6.                  Our Collection and Use of Aggregated Statistics

We use Aggregated Statistics to analyze the effectiveness of our Site, to improve our Website, products, services, and for other purposes.  This information provides us with potentially useful data concerning our users' preferences and the efficacy and interest of our Site, products and services.  In addition, we may undertake or commission statistical and other summary analyses of the general behavior and characteristics of Website users, and the use of our Website and related services, and may share Aggregated Statistics with third parties, including advertisers (if any).  Rest assured that Aggregated Statistics provided to third parties will not allow anyone to identify you.  We may collect Aggregated Statistics through features of the software supporting our Website through both the means described below and other means. Any Aggregated Statistics linked with Personal Information is protected as Personal Information under this Privacy Policy. 

7.                  Privacy Policy does not Apply to Information you Include in Product Reviews.

Please keep in mind that our Privacy Policy does not govern information you choose to include in your review of our products("Product Reviews").  Please use appropriate precautions in sharing your Personal Information in Product Reviews.  Section 16 (Further Resources) provides additional guidance on good practices in this regard.  If you are posting Personal Information concerning an individual other than yourself, be sure that you have permission from that individual to make the posting. 

8.                  Privacy Protection for Children

Our Website is not directed at children and we will not accept or request Personal Information from individuals we know to be under 13 years old.  In an excess of caution, we have age-gated certain features of our Site so that they are not available for use by children, and do not collect Personal Information or Activity Data on those areas of the Site that are not age-gated.  In accordance with the Children's Online Privacy Protection Act ("COPPA"), if we learn that a child under 13 years old has provided Personal Information, we will either: (i) delete this information from our databases in accordance with our deletion procedures set out in Section 10 (Access; Removing Information), or (ii) obtain verifiable parental consent in accordance with COPPA.  If you are a parent or legal guardian of a child under 13 years old, and you discover that your child has provided us with Person Information you can notify us via powerwasher.com and we will remove the information promptly in accordance with COPPA.

9.                  Opting Out.

We allow you to opt out of receiving certain information.  If we choose to send bulletins or other communications to you that you have not specifically requested from us, we will provide you with the ability to decline, or opt out of, receiving such communications.  In addition, you have the option to unsubscribe to our alerts, and we will take reasonable steps to comply with this request in a timely manner.  Instructions for opting out will be provided if and when we determine to send such a communication.  Please understand that you will not be allowed to opt out of formal notices concerning the operation of our Website, and legal and other related notices concerning your relationship to us and our Website. 

10.              Access; Removing Information.

To allow you certain controls over your Personal Information, you can request us to change, update or delete Personal Information that you have previously submitted to us.  To make such a request, please contact us as provided in Section 18 (Contact).  We will take reasonable steps to verify your identity before fulfilling such requests.  You may also delete your name and other Personal Information from our databases.  Please understand, however, that it may be impossible to remove Personal Information completely due to system backups and records of deletions.  In addition, if you request the deletion of your Personal Information, you will be unable to utilize the services associated with that Personal Information.  We will fulfill deletion requests within a reasonable time.

11.              Notice to California Residents:

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by powerwasher to third parties for the third parties’ direct marketing purposes. With respect to these entities, this privacy policy applies only to their activities within the State of California. To make such a request, please contact us as provided in Section 18 (Contact)

12.              Do Not Track.

Our Site does not change its behavior when receiving the “Do Not Track” signal from browser software. 

13.              Third-Party Sites.

Our Site and certain communications we send to you might contain links to other sites.  Please be aware that we are not responsible for the privacy practices or content of other sites.  We encourage you to be aware when you leave our Site and to read the privacy policies of each website that collects Personal Information.  This Privacy Policy applies solely to information collected on our Site and does not apply to information collected by a site operated by a third party.

14.              Security

We have put in place security systems, physical and technical safeguards, and quality controls designed to prevent unauthorized access to, or disclosure of, Personal Information (collectively, the "Security Safeguards").  Our Security Safeguards are structured to deter and prevent unauthorized users and others from accessing Personal Information.  Please understand that our Security Safeguards are not fail-proof and, due to the nature of internet communications and evolving technologies, we cannot provide, and expressly disclaim (to the extent permitted by law), assurance that the Personal Information and other information we receive from or about you via the Website will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.  Please note that you play a key role in protecting the security of your Personal Information.  For example, you should close your browser when you have finished viewing your information on our Website in order to prevent others from viewing your Personal Information.

15.              Modifications to this Policy

We reserve the right to change this Privacy Policy, and changes will be effective prospectively, when we post the revised Privacy Policy.  Rest assured that we will not use your Personal Information in a manner materially different than promised at the time the information was collected.

16.              Further Resources

If you wish further information concerning privacy policies in general, and concerning online social networking and safety, you should visit the following site:

  http://www.ftc.gov/privacy/index.html

17.              Complete Agreement

This Privacy Policy must be read in conjunction with our Terms of Use and the provisions of our Terms of Use are incorporated herein.  To the extent the Terms of Use conflict with the terms of this Privacy Policy, the terms of this Privacy Policy shall control.  

18.              Contact

If you have any questions or concerns about our privacy policies, please contact us: 

  This e-mail address is being protected from spambots. You need JavaScript enabled to view it  

Terms of Service
powerwasher

To assist you in using our website ("Website" or "Site"), and to ensure a clear understanding of the relationship arising from your use of our Site, we have created (i) these Terms of Service (our "Terms of Service" or the "Terms") and (ii) a Privacy Policy.  Our Privacy Policy explains how information you provide to us through the Site is treated, and our Terms govern your use of our Site.  Our Terms and Privacy Policy apply to any visitor to the Website (collectively, “you”), including (i) casual visitors to our Site ("Site Visitors") and (ii) users who register for our services ("Registered Users").  The terms “powerwasher,” “we,” and “us” refer to powerwasher Inc.

1.                  Your Agreement

These Terms constitute a legal agreement between you and powerwasher, and govern (i) your use of the Website; and (ii) your receipt of and participation in our services.  By accessing the domain www.fna-group.com/ you acknowledge that you have read, understand, and agree to become bound by these Terms of Service, just as if you had signed these Terms. 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING powerwasher SITE.  IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR OUR THE PRIVACY POLICY DO NOT USE THIS WEBSITE.  THESE TERMS CONTAIN WARRATY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.  PLEASE READ THESE TERMS IN THEIR ENTIRETY. 

2.                  Obtaining a Password; Use of Your Password

2.1.            User Account.  To access most of the functionality of the Site you need to register as a user and create a user Account (a "User Account").  If you register a User Account, you agree to provide accurate and complete answers to questions in the registration form.  After registering, you agree to update your account information to keep it current.

2.2.            Eligibility.  You are eligible to become a Registered Member at our Site if you (i) are a natural person (not a legal entity) who is age 13 or older and (ii) you agree to abide by our Terms and Privacy Policy.  Registered Users receive a user name and password upon successfully registering.

2.3.            Protecting Your Password.  Please keep in mind that we will treat anyone who uses your user name and password as "you."  We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of the person using your password.  Therefore, we recommend that you maintain your user name and password in confidence, and that you refrain from disclosing this information to anyone who might "pretend" to be you with respect to the your participation on our Website.  We also ask that you notify us immediately if you suspect that someone is using your user name and/or password in this or any inappropriate manner. 

3.                  Participation in the Service; Your Grant of Rights to powerwasher and Others

The following specific provisions govern your use of Product Reviews (as defined below), and your use of Product Reviews posted by others, in connection with the Site: 

3.1.            Providing Product Reviews.  As a Registered User (and among other Site features), you are entitled to submit reviews of our products ("Product Reviews").

3.2.            You Retain Ownership of Your Product Reviews.  We do not claim ownership of your Product Reviews, and you retain all ownership rights you hold in your Product Reviews (including associated intellectual property rights). 

3.3.            No Ownership of the Other Elements of the Site.  Although you retain ownership of your Product Reviews, as provided in Section 3.2 (You Retain Ownership of Your Product Reviews), you acknowledge (i) that this ownership has no effect on, and no relationship to, powerwasher's ownership of all other elements of the Site.

3.4.            Your Grant of Rights to powerwasher. By providing Product Reviews, you grant us a royalty-free, non-exclusive, perpetual, worldwide license, under your intellectual property rights, to copy, reformat, index, display, distribute and commercialize these Product Reviews.  For the avoidance of doubt, FNA is entitled to distribute the Product Reviews to third parties, including third party websites and third-party retailers. 

3.5.            Your Grant of Rights to Recipients. By providing Product Reviews, you also grant to all recipients the same license provided for in Section 3.4 (Your Grant of Rights to powerwasher).  Again, no compensation will be paid with respect to recipients' use of your content under this grant.

3.6.            Privacy and Your Product Reviews.  Please choose carefully the information you include in your Product Reviews, and that you provide to the Site.  When you make this information available to users of our Site, you should use discretion with respect to including any information that personally identifies you, such as your telephone number, street address, last name, email address, or other information that would allow others to identify you in an unwanted manner.  The protections of our Privacy Policy do not apply to Product Reviews.  We cannot provide (and do not provide) assurances that recipients will use the Product Reviews in an appropriate or fair manner, or in a manner otherwise anticipated by you. 

4.                  Posting Product Reviews.

FNA is and shall be under no obligation to publish Product Reviews, and we reserve the right, in our discretion to decline to post Product Reviews that are inappropriate, inflammatory, or otherwise objectionable.  We do not edit the content of Product Reviews that we make available.  Although we may choose to combine promotional and other offers with our product review process, we do not assume, and expressly disclaim, any obligation to compensate customers for Product Reviews.  We will remove Product Reviews from our site when we determine that the Review is no longer current, or for other business reasons.

5.                  Product Reviews are not Guarantees. 

We provide Product Reviews as testimonials to our products, and generally to show the views of our customers.  These Reviews do not guarantee that you will have a similar experience with the product.  We expressly disclaim any responsibility or liability for the accuracy, content or completeness of the information included in Product Reviews.     

6.                  powerwasher's Grant of Rights to You

powerwasher grants to Registered Users and Site Visitors the rights and licenses they will need to use and enjoy our Site as follows. 

6.1.            powerwasher Intellectual Property; Ownership.powerwasher and its licensors (where applicable) hold intellectual property rights with respect to the Site.  By way of clarifying example, and not by way of limitation, (i) all powerwasher trademarks are the intellectual property of powerwasher; (ii) trademarks of other persons that appear on the Site are the intellectual property of their respective owners; and (iii) all content available on or through the Website – other than Product Reviews of users other than powerwasher – including all information, artwork, text, video, audio, pictures, or other intellectual property found on the Website, is the sole property of powerwasher and its licensors (or used under "fair use" principles).

6.2.            Rights to Access Website.  Subject to their compliance with these Terms, powerwasher hereby grants to Site Visitors and Registered Users, under powerwasher's intellectual property rights, a revocable, non-assignable right to access and use the publicly-available areas of the Website for personal and non-commercial use, and for no other purpose. 

6.3.            Right to Participate in Services.Subject to their compliance with these Terms, including the restrictions set out in Section 6.3 (Restrictions; Non-Commercial Use Only), powerwasher hereby grants to Registered Users a revocable, non-assignable right, under powerwasher's intellectual property, (i) to access and use the password-protected areas of the Website, solely for purposes of participating in the services; (ii) to submit Product Reviews; and (iii) to participate in various contests and promotions offered by powerwasher. 

6.4.            Restrictions; Non-Commercial Use Only.  For the avoidance of doubt, (i) you are entitled to use the Site only for non-commercial personal use; and (ii) you are prohibited from using the Site in any manner that generates revenue or other items of monetary value to you or another.

6.5.            Reservation of Rights.powerwasher Site is protected by U.S. and international copyright and other intellectual property laws, and powerwasher retains all rights with respect to powerwasher Site, except those expressly granted to you in this Section 6 (powerwasher Grant of Rights to You).  You agree not to duplicate, publish, display, distribute, modify, create derivative works from, or exploit in any way powerwasher Site or any associated intellectual property rights, except as expressly allowed in this Section 6 (powerwasher Grant of Rights to You).

7.                  Code of Conduct

Whether you are a Site Visitor or a Registered User, as a condition to your use of the Website, you agree to follow our Code of Conduct, set out below.  Under this Code, you will not:

·        Submit, upload, email, or otherwise transmit any User Text, User Images, or other images or content that are unlawful, obscene, harmful, hateful, invade the privacy of any third party, contain nudity or pornography, or are otherwise objectionable.

·        Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private, or sensitive information about another person, without that person’s consent. 

·        Submit material that is intentionally false, misleading, defamatory, unlawfully threatening, or unlawfully harassing. 

·        Infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.  Electronic materials – such as images and text in electronic form – can easily be copied, modified, and sent over networks (such as the Internet).  These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement.  These materials may not be transmitted over the Website without the copyright owner's permission, or without a legitimate "fair use" justification for the transmittal. 

·        Transmit materials that contain any viruses or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.

·        Use the Website in a manner that could disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.

·        Seek to obtain access to any materials or information through "hacking," "data harvesting," or through other means we have not intentionally made available to you through the Website. 

·        State or suggest, directly or indirectly, that powerwasher endorses any Product Reviews you author.

·        Use the Website for any purpose that is unlawful or prohibited by these Terms. 

We will enforce the above Code of Conduct wherever we deem necessary.  Please understand, however, that powerwasher does not control – and does not necessarily endorse – Product Reviews found on the Site.  When you use our site, and when you rely on Product Reviews found on our Site, you do so at your own risk, and we expressly disclaim responsibility for Product Reviews found on the Site.

8.                  Links to Third Party Sites

The Website may also contain links to third party Websites (collectively "Linked Sites"). powerwasher has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites. powerwasher does not endorse the content of any Linked Site, nor does powerwasher warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.

9.                  Disclaimer of Warranties

powerwasher SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.”  powerwasher DISCLAIMS (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE ON THE WEBSITE; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION ON THE SITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELATED SERVICES IS AT YOUR SOLE RISK.

10.              Limitations of Liability

IN NO EVENT SHALL powerwasher OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS OR OTHER ECONOMIC LOSS, EVEN IF powerwasher HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.              Indemnity

You agree to defend, indemnify, and hold powerwasher and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms.

12.              Mandatory Arbitration; Class Action Waiver

12.1.        Resolution.  Any claim, dispute, or controversy arising out of, relating to, or connected in any way with the Site, Privacy Policy, or Terms of Use (each a "Claim") that you may have against powerwasher shall be resolved exclusively by final and binding arbitration.  Any Claim we may have arising out of your activities with respect to the Website shall similarly be resolved exclusively by final and binding arbitration (unless the Claim involves misappropriation or infringement of or by powerwasher intellectual property, in which case either party shall be entitled to proceed to litigation in a federal or state court, as applicable, and this Section 12 (Mandatory Arbitration) shall not apply).  YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN A COURT BEFORE A JUDGE OR JURY. 

12.2.        Rules and Procedures.This binding arbitration shall be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”) (available at   http://www.adr.org).  The arbitration shall be held in the state of Illinois. 

12.3.        Choice of Law.The arbitrator shall apply the laws of the State of Illinois. 

13.              Term and Termination

These Terms and our Privacy Policy will take effect upon your access to our Site (in accordance with Section 1 (Your Agreement) and the counterpart Section in our Privacy Policy) and will continue until terminated in accordance with this Section 13 (Term and Termination). 

13.1.        Your Right to Terminate.  You may terminate your account at any time.  Your rights to remove your Product Reviews -- and the limitations on those rights -- are set out in Section 3 (Participation in the Services; Your Grant of Rights to powerwasher and Others). 

13.2.        Our Right to Terminate.  We are entitled to cancel your account for a breach of these Terms of Service, as determined by us in our discretion, and with or without further notice.  In addition, we reserve the right to modify, interrupt or discontinue your account with or without notice for any reason or no reason and you agree that powerwasher will not be liable for any modification, interruption or suspension of the service. 

13.3.        Survival.  Those terms that, by their nature, should survive termination or cancellation of these Terms of Service, shall survive.

14.              Modifications to these Terms

We may modify and change these Terms over time.  We will not "retroactively" change these Terms, and any modifications we make shall take effect prospectively, once you next access the Website.  Please feel free to print out a copy of these Terms for your records. 

15.              Relationship to Privacy Policy and Other Contracts

These Terms must be read in conjunction with our Privacy Policy.  To the extent these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy will control. 

16.              General

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. powerwasher's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between powerwasher and you, with respect to the subject matter covered by these Terms and supersede any prior or contemporaneous understanding, whether written or oral.  Your rights and obligations under these Terms of Service shall not be assignable by you, either in whole or in part. powerwasher reserves the right to assign its rights and obligations under these Terms.

17.              Contact

If you have any questions or concerns about our Terms of Service, please contact us:

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1825 Greenleaf Ave

Elk Grove Village, IL, 60007

 
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