TERMS OF USE
Last Updated: 11/20/2023
OVERVIEW
The terms "we" "us" and "our" refer to Power Up Software Engineering. The terms "website" and "site" refer to this website: www.powerupsoftwareengineering.comThe terms "user" "users" "you" and "your" refer to visitors and customers/clients of this website. The terms "Service" or "Product" refers to the educational and informational content contained on this site, as well as general information about our services and products offered.
Thank you for visiting our website. The Terms of Use ("Agreement") is a legally binding agreement and applies to all users of our website and/or services. Continued use of this website is an acknowledgement of our Terms of Use and constitutes acceptance of the Agreement. Use of this website also represents that you have the right and capacity to enter into this Agreement. If you are not accepting this Agreement or do not have the right, authority or capacity to enter into the Agreement, do not use this website.
USE OF SITE
Children under 18 years of age are prohibited from using this website. By using this site you represent that you are 18 years of age or older, and have the capacity and authority to enter into this agreement.
LAWFUL PURPOSES
This site is to be used for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through this site. You agree to use this site for legitimate, non-commercial purposes only. You agree to not post or transmit any material through this website or via email that violates or infringes the rights of us or others, or any material that is threatening, abusive, obscene, defamatory, libelous, invasive of privacy rights, incites criminal conduct or gives rise to civil liability, or otherwise violates any law.
GUARANTEES AND WARRANTIES
Power Up Software Engineering does not guarantee any results from using this content and it is for educational purposes only, and to share general information about software engineering, custom software, and software consulting and about us. Information provided on this website is subject to change. We try to provide up-to-date and accurate information but we do not make any representations that the information provided on this site, whether for free or for purchase, or any third party site linked through the website is always accurate, free from errors or omissions, current or reliable. The website and any purchase made from this site is provided “AS IS” and without any warranty of any kind, express or implied, including an implied warranty of fitness for a particular purpose, merchantability, title, and non-infringement.
Power Up Software Engineering does not guarantee any outcome based on your use of this website. Past results in other instances do not guarantee a similar outcome. No representations or warranties are made as to the accuracy or completeness of the site and use is at your own risk.
LIMITATION OF LIABILITY:
Power Up Software Engineering will not be liable for any direct, indirect, incidental, consequential or other damages arising out of or relating to your use of this website or services, loss of use, loss of data, website attacks including computer virus or hacking of any kind, third-party claims, or any misuse of information, services or products. We are not liable to you or any third party for any injury, loss or damages of any kind, whether the liability arises out of breach of contract, tort, negligence, warranty or otherwise, even if the other party has been advised of the possibility of such damages.
DISCLAIMERS
The website, services or product is not meant to be a complete solution for any situation and does not make any such promises or guarantees. It is your responsibility to obtain a professional if necessary for your situation and we are not responsible for any outcome.
The testimonials and opinions displayed on our website apply to the individual who wrote it. Results vary and the success of some does not guarantee the same or similar results from others. Our testimonials are provided on a voluntary basis. We did not pay for these testimonials, they were not given in exchange for free services or product or any other benefit. Testimonials on our website illustrate the typical experiences of our clients; however, we acknowledge that results are individual and can vary.
Any comments on our website are the opinions of the individual author and do not necessarily reflect our views or opinions. We reserve the right to remove any comments that we find offensive or inappropriate.
There are no sponsored posts contained on this website. We do not write sponsored posts or accept free products in exchange for reviews. Opinions expressed on our website are our own. Any products or services that are linked from our website have been purchased by us and we believe it is valuable.
INTELLECTUAL PROPERTY AND LICENSE RESTRICTION
This site and any service provided contains intellectual property owned by This site may contain intellectual property from third parties, Power Up Software Engineering with license to us for use on this site. You agree not to modify, reproduce, transfer, sell, create derivative works from, or distribute in any manner any of the content or intellectual property, ours or that of a third party, without prior written consent. Any violation of this policy will result in access to this site and/or product being revoked, without refund.
Any product or service downloaded from this website is not a transfer of ownership rights and is only granting you a limited, revocable, non-exclusive, non-transferable license to use the Product for the individual purposes intended: for your personal use. This does not grant you a license to sell, rent, copy, create derivative works from, share or otherwise transmit or disseminate the Product or any materials provided in connection with the Product, with anyone else for commercial or non-commercial use.
Any violation by you of the license provisions contained herein may result in immediate termination of your license to use this site, products or services.
REFUND POLICY
Due to the digital nature of the product and the services included in the Product such as custom software, software consulting, and fractional CTO services the Product, including all services, are non-refundable once all custom software, software consulting, and fractional CTO services have been rendered. However, if you entered into a payment plan and are not satisfied with your investment and the services rendered, you may request future payments to be forgiven. If you purchased the Product in full and are not completely satisfied, you may request a refund only for the sessions not yet rendered.
MODIFICATION OF THIS AGREEMENT
These terms may be amended at any time and are effective immediately. The effective date is listed below and it is your responsibility to check this site periodically for any updates to this site. We reserve the right to update these terms.
SEVERABILITY
If any provision of this Agreement is held, in whole or in part, to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in full force and effect.
ASSIGNMENT
This agreement is not assignable or otherwise transferable by you, and any such attempt to transfer, assign, delegate or sub-license is not valid.
INDEMNIFICATION
You agree to indemnify and hold us harmless, including costs and attorneys’ fees, from any injury, damage or loss of any kind arising out of your use or misuse of this site, any product or service, or your violation of this Agreement.
WAIVER
You agree that the failure of Power Up Software Engineering to enforce any provision of this Agreement shall not be deemed a waiver of our rights under this Agreement to subsequently enforce any provision of this Agreement.
ARBITRATION CLAUSE
If any dispute arises out of or related to a claimed breach of this Agreement or any other disagreement of any nature, type or description, such dispute shall be resolved by binding arbitration by a single arbitrator in Colorado, in the County of Douglas County, and administered by JAMS pursuant to its Comprehensive Arbitration Rules and procedures or any other Arbitration procedure agreed upon by the parties. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You can also add this in if you want to provide for this:
Both parties agree that prior to arbitration, both parties will make a good faith effort to resolve the dispute without the necessity of outside intervention. You further agree and acknowledge that in order to be considered "a good faith effort," you must give the Owner written notice of any dispute.
ENTIRE AGREEMENT
You agree that this Agreement contains the entire agreement between you and Power Up Software Engineering pertaining to this site. No other agreement, statement, or promise made prior to this Agreement will supersede this pertaining to this site.
HEADINGS
All headings are included for convenience purposes only and bear no impact on the construction of any terms of this provision.