Welcome, and thank you for your interest in the website ThePowerMoves.com (the “Website” or “Site”) referred to in these Terms of Service as “The Power Moves” “ThePowerMoves.com, TPM, “us”, “our” or “we”.
Unless otherwise specified, all references to our services (the “Service” or “Services”) include the content, services, courses, lessons, forum topics and posts, instruction and Products available through The Power Moves, as well as any software that TPM may provide to you that allows you to access the Services or use our Products.s
The term “user”, “you” or “your” refers to the user of the Service, including visitors that do not register for an account. The following Terms of Service are a legally binding contract between you and TPM regarding your use of the Service.
By accessing this website and/or purchasing its products we assume you accept these terms and conditions in full. Do not continue to use thepowermoves.com if you do not accept all of the terms and conditions stated on this page.
The “Site” provides users with general information. We do not recommend or endorse any specific technique, strategy, procedure, opinion, or other information that may be mentioned on the Site. Reliance on any information provided by us, our writers, others appearing on Site at our invitation or other visitors to the Site is solely at your own risk. Your use of the Site is a privilege.
In addition, certain areas of the Service or our Products, and in particular, our actual courses of instruction including, without limitation, Power University, may be subject to additional Terms and Conditions that we make available for your review and agreement.
By enrolling in our courses of instruction, purchasing one of our Products or using such Service areas, or any part thereof, you are expressly consenting that you have read and agree to be bound by the additional Terms and Conditions applicable to such courses of instruction, Products and Service areas. In the event that any of the additional Terms and Conditions governing such courses of instruction, Products or Service areas conflict with these Terms, the additional Terms and Condition will control.
The Terms And Conditions contained on this webpage govern your use of thepowermoves.com/, including all pages within thepowermoves.com/. These Terms apply in full force and effect to your use of thepowermoves.com/.
thepowermoves.com is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
2.1. Registration Rules.
ii) We will assign a user name and password to you. You may not share your account, user name or password with anyone else, and you will be responsible for the actions of anyone who obtains your user name and/or password and uses them to access the Site. You are responsible for keeping your account secure and you must notify us immediately of any unauthorized use of your user name and password.
We are under no obligation to provide you with a new password or new access and ensuring access to the Site and Products is your sole responsibility.
iii) If at any time during the term of this agreement we come to the understanding that you: (1) misled us as to your business practices and/or services, or (2) purchased services that do not describe your precise business, we reserve the right to terminate your account. We may terminate your account and/or your access to the Site at any time if we deem in our sole discretion such to be necessary or appropriate.
3. Intellectual Property Rights.
ThePowerMoves and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
3.1 Trade Marks
ThePowerMoves trademarks and trade dress may not be used in connection with any product or service that is not ThePowerMoves’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ThePowerMoves. All other trademarks not owned by ThePowerMoves or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ThePowerMoves or its subsidiaries.
4. Affiliate Disclosure
This site uses affiliate links and does earn a commission from certain links. This does not affect your purchases or the price you may pay.
Read the affiliate disclosure page.
You are erestricted from all of the following:
- Republish material from thepowermoves.com
- Sell, rent or sub-license material from thepowermoves.com
- Reproduce, duplicate or copy material from thepowermoves.com
- Use thepowermoves.com in any way that is, or may be, damaging to thepowermoves.com
- Using thepowermoves.com outside all applicable laws and regulations
4. Your Content.
If you publish any post, article or comment, you grant thepowermoves.com a non-exclusive, worldwide, irrevocable, perpetual, royalty-free, sublicensable license to reproduce, adapt, use, translate, publish and distribute it in any way that thepowermoves.com sees fit, including for advertising, promotion, testimonials, examples, case studies, and links from its products.
thepowermoves.com reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
Users Are Legally Responsible and Liable for Their Content
You agree that you are fully responsible and legally liable for the content that you post or made through the use of your name and password.
ThePowermoves.com/forum is a privately-held, privately-maintained forum.
The Power Moves has the right, but not the obligation, to remove any material from the forum which we, at our sole discretion, feel is not appropriate.
The Right to Move, Edit, or Delete Posts
The Power Moves believes in free expression and active and open debate; we do, however, expect users to follow rules that protect other users and persons from the invasion of their rights and privacy. The Power Moves has no obligation to monitor the forums, or any submissions or other materials that you or other third parties transmit or post. The Power Moves does, however, have the right, but not the obligation, to monitor the forum and the materials you transmit or post. Should you violate or allow another person to use your account to violate any of the following rules, The Power Moves reserves the right to move, edit, or delete your post or discussion thread:
The Right to Remove Users
Every message in the forum is automatically labeled with your user name (“login name”). The Power Moves reserves the right, in our sole discretion, to remove the posting privileges and/or eject a user permanently from the discussion forum.
Limitation of Liability
The Power Moves does not warrant the accuracy, completeness, or usefulness of any information posted by members.
Messages posted in the forum do not necessarily reflect the views of ThePowerMoves.com. Messages posted on this site by members express the views of the author only.
All content posted in the forums becomes property of this website
When you post content in the discussion forums, you permit The Power Moves to display and distribute the content, and to use it for advertising and promotion, including in testimonials. You grant to this site the complete, perpetual, but non-exclusive right to use, reproduce, modify, adapt, translate, distribute, sub-license, etc. the content in whole or in part, throughout the world, on a royalty-free basis.
Edits or removals of your posts are to the sole discretion of The Power Moves
It is not possible to remove or delete your posts, or specific portions of a post you have made.
Any edit behind the 1h mark after a post is made is at the sole discretion of The Power Moves.
Access to the forum is a privilege and can be removed at any time
The access to the forum and community is a privilege and it’s independent of the purchase of any product.
The access to the forum and community can be removed at any time
The Right to Publish & Use
We reserve the right to publish and use as case studies any private reach outs, in anonymized forms, in any of our forums, articles, videos, and/or products.
We reserve the right to terminate your account and remove access to the courses, products, and forum/community.
We may terminate your account and/or your access to the Site at any time if we deem in our sole discretion such to be necessary or appropriate.
Access to the Site and Products is the customer’s responsibility and the security of their account is the customer’s sole duty and responsibility.
Thepowermoves.com is not responsible for addressing any customer-side account issue, including but not limited to: restoring a customer’s account that was lost, deleted, or hacked; restoring a customer’s password; explaining new procedures to access the course in case that include, but are not limited to, software upgrades, new content delivery management providers, or any changes.
Download and storage of ebooks and bonuses are of the sole customer responsibility.
Thepowermoves.com is not responsible for providing new copies of ebooks, independently of whether the ebook has been updated or not.
Access to the forum, community and products past the refund period can be removed at any time without triggering a refund event.
Product Access Limitation
Access to any product is limited to 1 year from the date of purchase.
After the 1 year period, the access is removed a new purchase is necessary to regain access.
Technical support is available for 1 year after the date of purchase.
After 1 year has passed, no technical support is due.
7. No warranties.
thepowermoves.com is provided “as is”, and thepowermoves.com makes no implied or express representations or warranties, of any kind related to thepowermoves.com or the materials published and contained on this Website. Additionally, nothing contained on this Website shall be construed as providing advice or consultation to you.
8. Limitation of liability.
IN NO EVENT SHALL WE BE RESPONSIBLE TO, OR LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY PERSONAL INJURY TO YOU OR OTHERS, OR LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR ACCESS AND USE OF OUR SERVICES AND PRODUCTS; (II) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF OUR CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; OR (V) YOUR RELIANCE UPON OR USE OF OUR CONTENT OR THE COLLECTIVE WORK, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN OUR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN OUR SERVICES.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.
OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF THIS AGREEMENT OR THE USE OF OUR PRODUCTS, SHALL NOT EXCEED THE SUM OF $100 IN THE AGGREGATE FOR ALL CLAIMS.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
CERTAIN STATE OR JURISDICTIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
You agree that you will be personally responsible for your use of the Service and the Products you purchase from us; and you further agree to defend, indemnify and hold harmless TPM and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service or the Products you purchase through the Service; (ii) your violation of these Terms of Service or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your infringement upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others; (iv) your violation of any third party right, including without limitation publicity, confidentiality, or privacy right; (v) any death, or serious physical or emotional harm, to you or any third party resulting from your use of the Services or Products purchased through the Service.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
By using the Services, you release, to the maximum extent allowed by law, TPM, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, your use of our Services or our Products, including without limitation, any death or serious emotional or physical harm.
If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
If any provision of these Terms and Condition is found to be invalid or unenforceable under any applicable law, such unenforceability or invalidity shall not render these Terms and Condition unenforceable or invalid as a whole. Invalid or unenforceable provisions shall be deleted without affecting the remaining provisions herein.
12. Variation of Terms.
thepowermoves.com shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
14. Product Description
ThePowerMoves. and its associates strive to be as accurate as possible. However, ThePowerMoves. does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by ThePowermoves itself is not as described, your sole remedy is to return it in unused condition. Cancellations of subscription products may be made at any time during the cancellation period by email or contact form.
15. Power University
This Product provides training modules and resources and other tools that are the subject of Power University copyright protection and teach communication and other interpersonal “people skills” and strategies which are for your individual personal use only and not designed or intended for your use commercially as an instructor, consultant or trainer.
Your purchase of this product entitles you to an individual, non-transferrable, non-exclusive, revocable and time-limited license to use the Product.
You acknowledge and agree that TPM is the sole and exclusive owner of the TPM Intellectual Property used in the Power University instruction, as well as to any and all related rights, processes, know-how, methods of operation, Intellectual Property rights, patent, copyright, trademark, trade secrets, and all associated rights as well as any and all derivative works related thereto, and that you are prohibited from sharing or transferring this Product and any material, information, books, courses, videos, recorded webinars or other products that comprise or are a part of this Product with any third party.
TPM reserves the right to cancel and terminate your access to the Power University Product at any time.
If termination of your access to this Product results from a violation of our Community Guidelines or values, or after the 30 days refund period, you will not be eligible for a refund and TPM shall have no further obligation or liability to you.
We attempt to ensure that the information and content presented in our Power University Product is complete, accurate and current, and to update it regularly, however despite our best efforts, the information and content may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy, or currency of any information or content in our Power University Product and assume no liability therefore.
THE POWER UNIVERSITY PRODUCT AVAILABLE FROM TPM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TPM AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE “TPM PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN NO EVENT SHALL TPM BE RESPONSIBLE TO, OR LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY PERSONAL INJURY TO YOU OR OTHERS, OR LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF YOUR ACCESS AND USE OF OUR POWER UNIVERSITY PRODUCT.
YOU ACKNOWLEDGE AND AGREE THAT YOUR PURCHASE OF OUR POWER UNIVERSITY PRODUCT CONTAINS AN AGREEMENT BY YOU TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION IN THE STATE OF OREGON. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT YOUR PURCHASE OF OUR POWER UNIVERSITY PRODUCT CONTAINS AN AGREEMENT THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE SEE SECTION 30 OF THIS AGREEMENT, “DISPUTE RESOLUTION”, FOR FURTHER DETAILS REGARDING THE ARBITRATION AND WAIVER OF CLASS ACTION TERMS INCLUDED IN OUR POWER UNIVERSITY PRODUCT.
You agree that you will be personally responsible for your use of the Power University Product, and you further agree to defend, indemnify and hold harmless TPM and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with your access to, use of or alleged use of the Power University Product you purchase from us. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
The Power University Product is eligible for our 30 day refund policy. You may receive a refund from us for any reason within 30 calendar days of your date of payment. All sales are final upon expiration of the 30 day refund period. To initiate a return, please contact us at email@example.com. You will be provided with refund instructions and instructions for the return of any course materials you may have received from us. Return of all course material within fifteen (15) days of contacting us is a condition of issuing the refund.
The Power University product can be purchased with a one-time payment or a payment plan.
The payment plan is equally binding after 30 months and you will ensure that payments will be made until the end of the plan.
If payments fail, we reserve the right to pursue our payments to the full extent of the law, including but not limited to using collection agencies.
Access to Power University lasts for 365 days.
After 365 your access may be removed and you may have to repurchase it again to regain access to Power University and its updates.
Our support also ends after 365 days from your initial purchase, independently of when and how you purchased the Product.
You acknowledge and agree that you and TPM are independent contractors and neither party is the representative of the other party. Neither party shall have any right, power, or authority to enter into any agreement for or on behalf of the other party nor to incur any obligation or liability for the other party or otherwise bind the other party in any way. Neither this Agreement, nor the additional Product Agreement for the Power University, shall be interpreted or construed to create an association, agency, joint venture, partnership, or employee relationship between us.
The website participates in the following affiliate programs:
Amazon Services LLC Associates Program: As an Amazon Associate I earn from qualifying purchases.
That means that when you click on Amazon link from this website and complete a purchase, I receive a small commission.
This commission comes at no extra cost to you.
Some further affiliate links may be present on the website.