Terms & Conditions

Power Up Training terms and conditions of use ownership

Welcome to the Power Up Training web site at http://www.poweruptrainingsm.com (‘Site’) which is owned by Power Up San Mateo LLC. This Site is operated by Power Up Training and materials on the Site are primarily owned by Power Up Training. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and Power Up Training. Power Up Training has created this Site for your personal enjoyment, entertainment and education. However, you are only authorized to access this Site or to use the materials contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms of Use and Privacy Policy which constitute an Agreement between you and Power Up Training. Please read these Terms of Use carefully and save them. If you do not agree with them, you should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at info@poweruptrainingsm.com.

Power Up Training reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.

If you become aware of misuse of this Site by any person, please contact the Site Administrator at info@poweruptrainingsm.com with your concerns.

Access and use

All materials contained in this Site are protected by U.S. and international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.

you may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent, or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches, or monitor any portion of the Power Up Training website.

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of Power Up Training or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting Power Up Training in writing at Business & Legal Affairs Power Up Training at 154 W 25th Ave, San Mateo, CA 94403, or email at info@poweruptrainingsm.com.

You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

You agree that any Message whatsoever submitted by you becomes the property of Power Up Training and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Power Up Training sees fit.

Unsolicited submissions

If unsolicited submissions are sent to Power Up Training via this Site, these submissions become the property of Power Up Training and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Power Up Training sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against Power Up Training, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

Employment opportunities

Power Up Training may, from time to time, post Power Up Training employment opportunities on the Site and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to Power Up Training in response to employment listings, you are authorizing Power Up Training to utilize this information for all lawful and legitimate hiring and employment purposes. Power Up Training also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries and affiliates for legitimate business purposes. Nothing in these Terms of Use or contained in the Site shall constitute a promise by Power Up Training to interview, hire or employ any individual who submits information to it, nor shall anything in these Terms of Use or contained in the Site constitute a promise that Power Up Training will review any or all of the information submitted to it by users.

Linked sites and advertising

If you are interested in creating hypertext links to this Site, you must contact Power Up Training Marketing at 154 W 25th Ave, San Mateo, CA 94403, before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or Power Up Training, including its respective employees, agents, directors, officers and shareholders.

If Power Up Training has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that Power Up Training is connected with, operates or controls these web sites. Power Up Training is not responsible for the content or practices of third-party web sites that may be linked to this Site. This Site may also be linked to other web sites operated by companies affiliated or connected with Power Up Training. When visiting other web sites, however, you should refer to each such web site’s individual “Terms of Use” and not rely on this Agreement.

Power Up Training does not endorse and takes no responsibility for third-party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers. Power Up Training reserves the right, at any time, for any reason not prohibited by law, to deny permission to anyone linking a website to poweruptrainingsm.com.

Termination

Power Up Training reserves the right to immediately terminate your use of, or access to, this Site at any time if Power Up Training decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that Power Up Training considers to be inappropriate or unacceptable.

If you believe that any material contained in this Site infringes your copyright, you should notify Power Up Training of your copyright infringement claim in accordance with the following procedure. Power Up Training will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent who is: Legal Department, Power Up Training, 154 W 25th Ave, San Mateo, CA 94403, or e-mail: info@poweruptrainingsm.com.

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)): 1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

E-mails sent with subject ‘DMCA” to info@poweruptrainingsm.com for purposes other than communication about copyright claims may not be acknowledged or responded to.

If your content has been removed from the Site in response to Power Up Training’s receipt of a DMCA Notification as outlined above, and you believe the removal was inappropriate, you may submit a DMCA Counter-Notification by contacting Power Up Training at:

Power Up Training Attn: Legal Department  154 W 25th Ave  San Mateo, CA 94403,  info@poweruptrainingsm.com

Please include the following information:

Your name, address, telephone number and email address; A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district for which jurisdiction for Power Up Training would be appropriate, and that you will accept service of process from the person who submitted the DMCA notification or an agent of such person; A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and Your written or electronic signature attesting to the above.

Disclaimer of liability and warranties

While Power Up Training does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk. To the maximum extent permitted by law, the Site, and all materials in this Site, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that Power Up Training DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable. You acknowledge that Power Up Training, its parents and affiliates together with their respective shareholders, members, directors, officers, and our and their employees, representatives, and agents, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

You acknowledge that Power Up Training is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct