Last Updated: December 20, 2016

 

Welcome to the Internet sites of imPowered. "imPowered Sites" include impowered.es, platform.impowered.es, imPowered mobile Apps (BeTested, BeTrained and BeGrouped) and other Internet sites on which these Terms of Use are posted. imPowered is sometimes referred to herein as "we," "us" or "our".

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY imPowered SITE. By using any imPowered Site you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the imPowered Sites.

Note that special terms might apply to some services or features offered on certain imPowered Sites. These terms are posted in connection with the applicable service or feature. Any such terms are in addition to these Terms of Use, and in the event of a conflict, prevail over these Terms of Use.

imPowered may modify these Terms of Use at any time by updating this posting. You are bound by any such modification and should therefore visit this page periodically to review these Terms of Use.

Use of Content

The content contained on imPowered Sites, such as text, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look-and-feel (collectively, the "Content"), is protected by copyright, trademark and other such laws in Spain and foreign countries, and is owned or controlled by imPowered or by third parties that have licensed their Content to imPowered. Unauthorized use of the Content may violate copyright, trademark, and other laws. Where a imPowered Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of imPowered, and (c) you may not use the Content in a manner that suggests an association with any of our products, services or brands.

You may not, without the prior written permission of imPowered, "mirror" on any other server any material contained on any imPowered Site. The use of the Content on any other Web site or in a networked computer environment for any purpose is prohibited, without the express written permission of imPowered. The trademarks, logos and service marks (the "Marks") displayed on the imPowered Sites are owned by imPowered or third parties. You are prohibited from use of those Marks without the express, written permission of imPowered or such third party. If you would like information about obtaining imPowered's permission to use the Content on your Web site, e-mail impowered.es@gmail.com.

In the event that we offer downloads of software on a imPowered Site and you download such software, the software, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") is licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. UNLESS OTHERWISE SPECIFICALLY AND EXPRESSLY STATED ELSEWHERE, imPowered HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY.

imPowered SHALL NOT BE LIABLE FOR (1) ANY INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE; (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM ANY DOWNLOAD OR USE MADE OF THE SOFTWARE, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE SOFTWARE. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER APPLICABLE LAW, imPowered'S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

Accounts

Some services on the imPowered Sites permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to notify us promptly at impowered.es@gmail.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any imPowered Site.

We may suspend or terminate your account and your ability to use any imPowered Site or portion thereof for failure to comply with these Terms of Use or any special terms related to a particular service.

Services

imPowered reserves the right to modify the service at any time and without notice, without involving the obligation on our part to return the money to dissatisfied users with such modifications.

imPowered will not make refunds to any user subscription.

Duration

The renews will be dependent of the contracted time and the choice of the customer.

Depending of the payment method, renews will be manual or automatically.

Termination of the contract

The contract will end by the period non-renewal notwithstanding that each of the parties may urge the termination of this agreement in the event that the other party fails to comply with any of the obligations arising from the same. You can also proceed to the contractual resolution by mutual agreement or unilateral of a party, will whenever alert to another with a minimum notice of 15 days

With the completion of the contract occurs immediately cease the use of the rights transferred. In the event of termination of this agreement for any reason, each Party shall immediately cease the use of services, rights and signs, the use of existing and exploitation had been them by the other party.

imPowered's Liability

imPowered makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the imPowered Sites and the Content. Any use of the imPowered Sites and the Content is at your own risk. Changes are periodically made to imPowered Sites and may be made at any time. Some Content on the imPowered Sites may be provided by third parties and imPowered will not be held responsible for any such Content provided by third parties.

imPowered DOES NOT WARRANT THAT THE imPowered SITES WILL OPERATE ERROR-FREE OR THAT THE imPowered SITES OR THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE imPowered SITES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, imPowered WILL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE imPowered SITES AND CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. imPowered, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.

Disclaimer of Certain Damages

Your use of the imPowered Sites is at your own risk. If you are dissatisfied with any of the Content or other contents of the imPowered Sites or with these Terms and Conditions, your sole remedy is to discontinue use of the imPowered Sites. IN NO EVENT WILL imPowered OR ANY THIRD PARTIES MENTIONED AT THE imPowered SITES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE imPowered SITES AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT imPowered IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE SUCH EXCLUSION OR LIMITATION APPLIES TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW.

Links to Other Sites

The imPowered Sites may contain links to third party Web sites that are maintained by others. Any such links are provided solely as a convenience to you and not as an endorsement by imPowered of the contents on such third-party Web sites. imPowered is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party Web sites or the privacy practices of such third parties. If you decide to access linked third-party Web sites, you do so at your own risk.

Indemnity

You agree to defend, indemnify, and hold harmless imPowered, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of these Terms of Use.

Copyright Policy

imPowered respects the intellectual property rights of others. It is imPowered's policy, at its discretion and when appropriate, to terminate the accounts of users who may infringe or repeatedly infringe the copyrights of third parties.

To submit a copyright infringement notification to imPowered, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the below-specified Copyright Agent with the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• 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.
• 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.
• 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.
• 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.
• 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.

You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications.

Email to Receive Notification of Claimed Copyright Infringement: impowered.es@gmail.com

General

Except to the extent provided below in this paragraph, all legal issues arising from or related to the use of any imPowered Site will be construed in accordance with and determined by the laws of the Spain applicable to contracts entered into and performed within Spain without respect to its conflict of laws principles. By using a imPowered Site, you agree that the exclusive forum for any claims or causes of action arising out of your use of the imPowered Site is the Courts of Santa Cruz de Tenerife and their superiors. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.

In the event of a complaint, or to request further information, the provider may be contacted by e-mail at impowered.es@gmail.com.