Terms & Conditions
Effective date: 06-08-2022
Thank you for visiting our website. If you want to use this website, you must agree to conform to and be legally bound by the Terms and Conditions described below.
The website is owned and operated by Powerful Penny, LLC (Our "Company") and is intended to provide insights and advice for business owners, entrepreneurs, and our customers.
Our office is located at 21 W 738 McCarron Rd Glen Ellyn, IL 60137.
You should read these Terms carefully before using the Services.
If you continue to browse and use this Website, you are agreeing to comply with and be bound by the following Terms and Conditions of Use which govern our relationship with you in relation to this Website.
Application of Terms
These Terms Constitute A Legally Binding Agreement Between Our Websites And You. By Using The Services You Agree To Be Bound By And Comply With These Terms. These Terms Apply To All Users Of The Services. You May Use The Services Only In Compliance With These Terms. If You Do Not Agree To Be Bound By And Comply With These Terms, You May Not Use The Services.
If You Are Using The Services On Behalf Of An Organization, You Are Agreeing To These Terms For That Organization And Promising That You Have The Authority To Bind That Organization To These Terms. In That Case, “You” And “Your” Will Refer To Both You As An Individual And To That Organization.
We May Revise These Terms From Time To Time And The Most Current Version Will Always Be Posted On Our Website. Unless Stated Otherwise, Any Change Takes Effect Immediately. You Are Responsible For Ensuring You Are Familiar With The Latest Terms. By Continuing To Access And Use The Website, You Agree To Be Bound By The Changed Terms. If You Do Not Agree To The New Terms, You Agree To Stop Using The Services. We May Change, Suspend, Discontinue, Or Restrict Access To, The Website Without Notice Or Liability. If There Is A Dispute About The Terms Or The Services, The Terms In Effect At The Time The Dispute Arose Shall Apply.
Our Company Owns The Services And Associated Content
The Services Are Being Provided And Sold To You By Our Website(s) And/Or Domain Name(s) Only For Use Under The Terms. You Do Not Acquire Any Right, Title Or Interest In Or To The Services Or Any Associated Content Other Than The Limited License Granted To You By These Terms. Any Rights Not Expressly Granted To You In These Terms Are Expressly Reserved.
Copyright and Trademarks
All Content And Services Included In Or Made Available Through Our Website(s) And/Or Domain Name(s), Such As Text, Graphics, Logos, Button Icons, Images, Audio Clips, Digital Downloads, Data Compilations, And Software (Including Any Derivatives Of Or Enhancements To The Same) Is The Property Of Our Website(s) And/Or Domain Name(s) And Is Protected By Copyright, Trademark, Patent And Other Laws Of Both The United States And Foreign Countries.
These Terms Do Not Grant You Any Rights To Use Our Website(S)’s And/Or Domain Name(S)'s Trademarks, Logos, Domain Names, Or Other Brand Features. All Other Trademarks Not Owned By Us That May Appear On Or In Any Our Website(S)’s And/Or Domain Name(S)’s Service Are The Property Of Their Respective Owners, Who May Or May Not Be Affiliated With, Connected To, Or Sponsored By Our Website(s) And/Or Domain Name(s).
Property & Feedback
We Appreciate It When Users Send Us Feedback, But Please Be Aware That We May Freely Use Any Feedback, Testimonials, Comments, Or Suggestions You Send Us Without Any Obligation To You. When You Use Our Website(s) And/Or Domain Name(s) And/Or Services Or Send E-mails, Text Messages, And Other Communications From Your Desktop Or Mobile Device To Us, You May Be Communicating With Us Electronically. You Consent To Receive Communications From Us Electronically, Such As E-mails, Texts, Mobile Push Notices, Or Notices And Messages On This Site Or Through The Other Website(S) And/Or Domain Name(S). You Can Retain Copies Of These Communications For Your Records. You Agree That All Notices, Disclosures, And Other Communications That We Provide To You Electronically Satisfy Any Legal Requirement That Such Communications Be In Writing.
Availability Of Our Services
We Try Our Best To Have Our Website(s) And/Or Domain Name(s) And Our Services Available 24 Hours A Day, 7 Days A Week. There May Still Be Times When The Services Are Unavailable For Routine Maintenance, To Correct Technical Difficulties, Or For Some Other Reason. Availability Of The Services Is Subject To Change At Any Time In Our Sole Discretion. We May Discontinue The Website At Any Time And For Any Reason, Without Notice. We May Change The Contents, Operation, Or Features Of The Website At Any Time For Any Reason, Without Notice.
Third-party Content And Links
We May Provide Third-party Content Through The Services. Any Such Content Represents The Opinions, Judgments, And Offerings Of The Third-party, Not Our Company. We Do Not Endorse And Are Not Responsible In Any Way For, Any Such Content And We Expressly Disclaim Any Endorsement Or Responsibility For Such Content.
Links To Other Websites Are Provided For Your Convenience And Reference Only. We Have No Control Over These Sites, And We Are Not Responsible For Their Content. We Do Not Endorse And Are Not Responsible In Any Way For, Any Content On These Sites And We Expressly Disclaim Any Endorsement Or Responsibility For Such Content.
A.) Not Act In A Way, Or Use Or Introduce Anything (Including Any Virus, Worm, Trojan Horse, Timebomb, Keystroke Logger, Spyware Or Other Similar Feature) That In Any Way Compromises, Or May Compromise, The Website Or Any Underlying System, Or Otherwise, Attempt To Damage Or Interfere With The Website Or Any Underlying System
B.) Obtain Our Written Permission To Establish A Link To Our Website. If You Wish To Do So, Email Your Request To Using Our Support Email Above
C.) Indemnify Us Against All Loss We Suffer Or Incur As A Direct Or Indirect Result Of Your Failure To Comply With These Terms.
Suspension And Termination
Without Prejudice To Any Other Right Or Remedy Available To Us, If We Consider That You Have Breached These Terms Or We Otherwise Consider It Appropriate, We May Immediately, And Without Notice, Suspend Or Terminate Your Access To The Website (Or Any Part Of It). On Suspension Or Termination, You Must Immediately Cease Using The Website And Must Not Attempt To Gain Further Access.
Risk Of Loss
All Purchases Of Physical Items From Our Website(s) And/Or Domain Name(s) Are Made Pursuant To A Shipment Contract. This Means That The Risk Of Loss And Title For Such Items Pass To You Upon Our Delivery To The Carrier.
Returns, Refunds And Title
Our Website(s) And/Or Domain Name(s) Do Not Take Title To Returned Items Until The Item Arrives At Our Office. At Our Discretion, A Refund May Be Issued Without Requiring A Return. In This Situation, Our Website(s) And/Or Domain Name(s) Do Not Take Title To The Refunded Item. We Have Specific Refund And Return Policies For Our Products And Services, And You Can Find Them In The Terms Upon Check Out And/Or Email Us At Our Support Email Address.
Sanctions And Expert Policy
You May Not Use Any Of Our Website(s) And/Or Domain Name(s) If You Are The Subject Of U.S. Sanctions Or Of Sanctions Consistent With U.S. Law Imposed By The Governments Of The Country Where You Are Using Our Website(s) And/Or Domain Name(s). You Must Comply With All U.S. Or Other Export And Re-export Restrictions That May Apply To Goods, Software, Technology, And Services.
Disclaimer Of Warranties And Limitation Of Liability
The Services Are Provided On An “As Is” And “As Available” Basis, For Use By You At Your Own Risk, Without Express Or Implied Warranty Or Condition Of Any Kind. Without Limiting The Foregoing And To The Fullest Extent Permitted By Law, Our Company, And Its Officers, Directors, Employees, Any Parent Companies, Partners, Successors, Agents, Distribution Partners, Affiliates, Subsidiaries, Content Providers, Service Providers, Vendors, Licensors, Merchants, Related Companies, Advisory Boards, Representatives, And Suppliers (Collectively Our Website(s) And/Or Domain Name(s) Entities”) Disclaim Any And All Warranties, Express And Implied, Including Any: (1) Warranties That The Services Will Meet Your Requirements Or Achieve Certain Results; (2) Warranties Concerning The Availability, Accuracy, Security, Usefulness, Timeliness, Or Completeness Of Informational Content Made Available Through The Services; And (3) Warranties Of Title, Non–infringement, Merchantability Or Satisfactory Quality, And Fitness For A Particular Purpose.
You And Our Company Each Agree To First Contact Each Other With Any Disputes And Provide A Written Description Of The Problem, All Relevant Documents Or Information And The Proposed Resolution. You Agree To Contact Us With Disputes By Contacting Us At The Address Provided In These Terms. We Will Contact You Based On The Contact Information You Have Provided Us. If You And Our Company Cannot Resolve Any Dispute After 30 Days, The Party Seeking To Pursue A Claim Will Submit The Claim To Arbitration Consistent With This Section. The Parties Understand That They Would Have Had A Right Or Opportunity To Litigate Disputes Through A Court And To Have A Judge Or Jury Decide Their Case, But They Choose To Have Any Disputes Resolved Through Arbitration.
Any Claim Or Dispute Between You And Our Company And/Or Website(s) And/Or Domain Name(s), And Any Claim By Either Against Any Agent, Employee, Successor, Or Assign Of The Other, Including Third Parties, Whether Related To These Terms Or Otherwise, Including Past, Present, And Future Claims And Disputes, And Including Any Dispute As To The Validity Or Applicability Of This Arbitration Clause, Shall Be Resolved By Binding Arbitration Administered By The Jams Under Its Rules And Procedures In Effect When The Claim Is Filed. The Rules And Procedures And Other Information, Including Information On Fees, May Be Obtained From Jams’ Website (www.JamsAdr.com) Or By Calling Jams At 949-224-1810.
You Agree That Receiving The Services Is A Transaction Involving Interstate Commerce. These Terms And Any Related Arbitration Proceedings Will Be Governed By The Federal Arbitration Act, 9 U.S.C. 1-16. Any Award By The Arbitrator(S) May Be Entered As A Judgment In Any Court Having Jurisdiction.
Either You Or Our Website(s) And/Or Domain Name(s) May Bring Applicable Claims In Small Claims Court. Also, You And Our Website(s) And/Or Domain Name(s) Each Agree That Any Arbitration Will Be Solely Between You And Us, Not As Part Of A Class-wide Claim. If Any Court Or Arbitrator Determines That This Class-wide Restriction Is Unconscionable Or Unenforceable, Then Our Agreement To Arbitrate Doesn’t Apply And The Classwide Dispute Must Be Brought In Court.
No Class Actions
To The Extent Allowed By Law, You And Our Company Each Waive Any Right To Pursue Disputes On A Classwide Basis; That Is, To Either Join A Claim With The Claim Of Any Other Person Or Entity, Or Assert A Claim In A Representative Capacity On Behalf Of Anyone Else In Any Lawsuit, Arbitration Or Other Proceeding.
No Jury Trial
To The Extent Allowed By Law, You And Our Company Each Waive Any Right To Trial By Jury In Any Lawsuit, Arbitration Or Other Proceeding.
Miscellaneous Legal Terms
These Terms And The Use Of The Services Will Be Governed By Our Company’s State Law Except For Its Conflicts Of Laws Principles. All Claims Arising Out Of Or Relating To These Terms Or The Services That Are Not Governed By The Arbitration Clause Must Be Litigated Exclusively In The Federal Or State Courts Located In Cuyahoga County, Ohio, And Both Parties Consent To Venue And Personal Jurisdiction There.
These Terms Constitute The Entire And Exclusive Agreement Between You And Our Website(s) And/Or Domain Name(s) With Respect To The Services, And Supersede And Replace Any Other Agreements, Terms And Conditions Applicable To The Services. If You Are Paying For The Services Or Someone Is Paying For The Services On Your Behalf, The Previous Sentence Does Not Apply And You Remain Subject To The Terms Of All Agreements With Our Website(s) And/Or Domain Name(s) Related To Your Use Of The Services.
These Terms Create No Third Party Beneficiary Rights.
Force And Effect, And The Invalid Or Unenforceable Provision Will Be Deemed Superseded By A Valid, Enforceable Provision That Most Closely Matches The Intent Of The Original Provision.
You May Not Assign Any Of Your Rights In These Terms, And Any Such Attempt Is Void. Our Website(s) And/Or Domain Name(s)May Assign Its Rights To Any Of Its Affiliates Or Subsidiaries, Or To Any Successor In Interest Of Any Business Associated With The Services.
We Do Not Provide Services Or Sell Products To Children. If You Are Below The Age Of 18, You May Use Our Website Only With The Permission And Active Involvement Of A Parent Or Legal Guardian. If You Are A Minor, Please Do Not Provide Us Or Other Website Visitors With Any Personal Information.
Anti-spam Policy Is Part Of These Terms And Conditions
Our Anti-spam Policy Is Part Of, And Subject To, These Terms And Conditions Of Use. You May View Our Anti-spam Policy On This Website.