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Terms of Service

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Powerline Digital Terms and Conditions of Use
Last Updated: April 20,2022

Powerline Digital (“Powerline”, “PL Digital”, “PLD”, “we,” “us” or “our”) created this Terms of Service (“Terms of Use”, “Terms and Conditions”, “User Agreement”, “Agreement”, “Terms”) to serve as a legally binding agreement between you - personally or on behalf of an entity (“you”) - and Powerline Digital. Moreover, this Agreement covers the Terms and Conditions your rights and the limitations of your access/ownership, as well as our rights and limitations of liabilities.

By using our website powerlinedigital.us and any other channels, platforms, web pages, or applications (collectively, the “Site”, “Company”, “Agency”) that are linked, related, or connected to us, you agree to all the terms and conditions specified in this agreement.

Please note that the Company is primarily hosted in the United States. Hence, should you access it from the European Union, Asia, or any other region of the world, you guarantee that you do so on your own initiative. And to the extent there are local laws applicable, you are solely responsible to comply.

Furthermore, we do not specifically market to or conduct transactions with children who are below 13 years old. In the event that we are asked by users who are considered minors in the jurisdiction in which they reside (generally under the age of 18) for our services, we will only directly coordinate with the parents or guardians. Or we would allow access or proceed with transactions if they have the permission and direct supervision of their parents or guardians.

Continued use of the Site and our services would mean that you have read, understood, and agree to the Terms and Conditions stated in this Agreement. Otherwise, you must immediately discontinue access to the Site and use of our services.

 

  • Terms of Service

The Terms of Service will take effect on the date you avail of any of our services as evidenced by an Electronic Receipt, Order Number, and Transaction ID as proof of payment.

 

  • Powerline Digital Ownership and Liability

Powerline Digital is a trusted authority in the SEO industry. We offer SEO services to all types and all sorts of online-based businesses, e-commerce stores, and personal websites. We also provide equally essential services such as domain registration, web designing, web hosting, link building, and access to cutting-edge web applications and SEO tools. 

We have exclusive ownership and rights to most of the tools, applications, strategies, and processes we use on our services. Nevertheless, to properly execute and provide high-quality outputs, we might need to partner with external experts and utilize third-party tools. Hence, there are certain factors out of our control for which you could not hold us liable.

 

  • Intellectual Property Rights

Powerline Digital has exclusive ownership and rights to all materials, systems, and outputs we produce (collectively, the “Powerline Digital Property”, “Agency Property”). The Agency Property includes, but is not limited to, ideas, concepts, techniques, strategies, information, data, files, reports, documentation, content, images, videos, audio files, graphics, site designs, page layouts, outputs, work products, derivative works, websites, applications, tools, systems, programs, and purchased licenses.

Powerline Digital remains the sole owner of the Agency Property unless otherwise indicated. Additionally, between you and the Company, the Company has exclusive ownership of all source codes, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”). 

All Property, Content, and Marks that are owned/controlled by us or licensed to us are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

Furthermore, in the event that the Agency provides you access to a gallery of data, the Agency reserves the right to disable access or delete files when deemed necessary. Such a gallery or database is intended only for your convenience; ensuring the security of your information and backing up your data is your sole responsibility.

 

  1. Limitation of Liability

Powerline Digital might need to ask for your personal information and/or company details for a more efficient and accurate execution of our services. We do everything on our end to ensure your privacy and security, but in any event of loss or corruption of any such data, the Company will not be held liable. You agree that you waive any right against us in such instances.

You agree to not hold the Company liable for any claim, demand, loss, liability, damage, cost, expense, lost leads, lost revenue, marred reputation whether general, direct, special, incidental, consequential, or other instances (collectively, the “Failures”) caused by any use of our services or any alleged or actual failure by Powerline Digital, in whole or in part or directly or indirectly. Regardless of whether the Failures were foreseeable or that Powerline was aware of the possibility of such Failures, the Company’s maximum liability will not exceed the total amount you paid for any of our services within the 12 months preceding the event that triggered the liability.

 

  • Service Interruptions

Powerline Digital conducts regular site audits and launches updates or patches to ensure the optimum performance of our site and services. However, like any other software or platform in the virtual world, note that the Agency does not guarantee 100% uptime of our website.

We may experience hardware and/or software issues that can result in interruptions, delays, or errors on your end. Given the technical nature of the resources we use to efficiently provide you with the services you need, you acknowledge that such issues are out of our control. Hence, in no case will you hold us liable. 

You agree that we have no liability whatsoever for any loss or damage caused by such issues. Moreover, you warrant to not suspend your plans or eliminate your payment obligations, or request any refund as a result of such interruptions.

 

  • User Limitations and Responsibilities

By using the Site and the Services of Powerline Digital, you represent, agree, and warrant that you are bound to the responsibilities that come with those rights, as well as the limitations indicated in this agreement.

 

  • Exclusive Use of Services

Unless specifically authorized in writing by Powerline Digital, you will not share, sell, transfer or otherwise make available the Agency Property, Content, and Marks to any third parties. You agree to assign your rights or obligations under the Agreement to any other person or entity. 

Upon payment of all amounts due to the Company and your execution of the Agreement, you will be granted a personal, non-transferable, and limited license to access the Site and utilize our Services. Powerline Digital reserves all rights not expressly granted to you in and to the Site, the Property, the Content, and the Marks.

Upon expiration or termination of the Agreement, you agree to discontinue access and use of the Property, the Content, and the Marks. When explicitly required by the Agency, you will voluntarily surrender all access to any provided galleries or databases.

 

  • Responsible Handling of Data

The Property, the Content, and the Marks are provided to you “AS IS” for your information and personal use only. Unless we have express prior written permission, no part of the Site and the Property, as well as no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever.

Your use of our services warrants compliance with all applicable federal, state, local, and foreign laws, statutes, rules, guidance, and regulations (“Laws”). You acknowledge and agree that it is your sole responsibility to determine the applicability of and ensure your own compliance with any such Laws. 

Powerline Digital reserves the right to review your use of our Services, Property, Content, and Marks. Nevertheless, failure of the Company to review will not constitute acceptance or agreement to any misuse or mishandling. During audits, you are obliged to provide all required documentation and make all necessary reports available within 3 business days from the time of request.

 

  • Expected Indemnification of Powerline Digital

With continued use of the Site and/or our Services, you warrant and agree to indemnify, defend, and hold harmless Powerline Digital, its stockholders, directors, partners, affiliates, officers, employees, independent contractors, and agents against any Failures due to or arising out of: (1) use of the Site; (2) breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in this Agreement; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) any overt harmful act toward any other user of the Site with whom you connected via the Site; (6) or any violation of the Agreement or any violation of Laws. 

Notwithstanding the foregoing, Powerline Digital reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. Additionally, you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 



  • User Agreement Specifics and Technicalities

The Agreement contains Terms and Conditions of use of the Site and Services, as well as the entire mutual understanding between you and the Company. This supersedes any other agreements or understandings, oral or written, relating to the subject matter of the Agreement. 

Nevertheless, there is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. 

The Terms and Conditions have been drafted and are in effect to the fullest extent permissible by law. In any case a provision or part of a provision of the Agreement is determined to be unenforceable, void, or unlawful, that provision or part of the provision is deemed severable from these Terms and Conditions. However, that does not affect the validity and enforceability of any remaining provisions. 

Our failure to exercise or enforce and monitor or follow-up on any right or provision of these Terms and Conditions will never be considered as a waiver of such right or provision. Furthermore, Powerline Digital will not be held accountable for Failures caused by any factor beyond our control. 

You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

 

  • Execution; Counterparts

The original copy, a copy created via facsimile, and electronically transmitted portable document will each shall be deemed an original of the same document. Hence, the Agreement may be executed in any number of counterparts.

 

  • Jurisdiction and Governing Laws

Powerline Digital is primarily hosted in the United States and the Terms and Conditions are constructed in accordance with the state and local laws of the State of Florida. Hence, disputes shall be handled following such laws, without regard to its conflict of law principles.

Furthermore, any litigation arising from or relating to the Agreement shall only be brought to the state and federal courts located in the State of Florida. Additionally, you warrant and agree to submit to the exclusive jurisdiction of those courts and to attend proceedings in courts, regardless of the venue.

 

  • Termination of Agreement or Subscriptions

Powerline Digital reserves the right to immediately terminate the Agreement and demand the immediate surrender of issued accesses, databases, galleries, accounts, and tools should the Company believes or proves you are not fully complying with the Terms and Conditions. This is in addition to all other legal rights and remedies available to Powerline Digital.

In any case of violation or breach of the Agreement, the Agency reserves the right to deny you access to the Site and Services. With our sole discretion and without any notice or warning, we may delete your account and terminate any active plans or subscriptions right away. Moreover, Powerline Digital reserves the right to take any appropriate legal action, including, but not limited to, civil, criminal, and injunctive redress.

Once terminated, deleted, or suspended, you will be prohibited from registering again or creating a new account under your name. You will also be prohibited to transact with us in any form, even if you are using a fake or borrowed name or the name of any third party, even if you may be acting on behalf of the third party. 

 

  • Terms of Use Changes and Updates

All Terms and Conditions are updated and effective as of April 20, 2022. Everything will remain in effect until any changes in its provisions will be made in the future, in which case shall be in effect right after being posted on this page.

Powerline Digital reserves the right to update or change the Terms and Conditions. Nevertheless, the Agreement may only be amended by a document signed by you and the Company. Note, however, that no waiver of any breach of the Agreement shall be deemed a waiver of a future breach, whether of a similar or different nature. Moreover, no waiver shall be effective unless in writing signed by the waiving party.

All changes and modifications done to the Agreement will be posted on the Site in a way that you can easily spot those. We will also notify you via email using the email address we have on file. So, be sure to watch out for email messages from us and be sure to periodically check out this section of the Agreement.

  • Warranty Disclaimer

The Site, the Property, the Content, and the Marks are provided on a strictly “As Is” basis. Powerline Digital does not assure 100% accuracy or efficacy of the services and tools we offer. Upon purchase or subscription, you have 14 business days to inspect the strategies, processes, details, and inclusions of the packages we provide you. Within the said period, any mistakes will be corrected or any issues will be addressed without any additional charges. Otherwise, you agree to accept whatever results or outcome you receive, and you will not hold the Company liable. Unless explicitly indicated, you will not as well be eligible for any refund.

Feel free to contact us should you have any inquiries or concerns about our Terms of Service.

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