When you access our web address, this information does not reveal anything about you.
When you schedule an appointment on PowerX.com, we ask for your name, address, phone number, email address only to fulfill your request.
Information collected on PowerX.com may be used in the following ways:
- Schedule appointments
- Answer and questions or comments
- If you accept, we will provide you with promotional products
- Provide you with services you want only
- Improve the PowerX website
- Contacting you with information requested
- Conduct surveys
- Mailing information
- No spam is sent by PowerX
- Your email address is not shared without your consent
PowerX, Inc. uses reasonable precautions to keep the information disclosed to us secure. We have implemented security policies, rules and technical measures to protect your personal data from unauthorized access, improper use or disclosure or unauthorized modification. All PowerX personnel are informed about their responsibility to protect customer data, and we provide them with appropriate rules and regulations to ensure PowerX standards and confidentiality policies are adhered to.
If you wish to have specific communications with a member of the PowerX, Inc. staff, you will be required to provide specific information that will be routed to the appropriate contact within PowerX, Inc.
We observe appropriate national laws and regulations on children’s privacy, including in the United States the Children’s Online Privacy Protection Act (COPPA) of 1998. PowerX does not actively market to children, and we never knowingly ask a child under 13 to divulge personal information. If a child under 13 has provided us with personal information without parental or guardian consent, the parent or guardian may email us, and we will remove the information and unsubscribe the child from any promotional contact opportunities.
PowerX, Inc. will disclose your personal information only if required by law or in good faith to protect and defend our legal rights.
Terms and Conditions
Use of Site.
There are two types of users who may access or use the Site: visitors and registered users. Visitors do not require account creation and may access all non-password-protected areas of the Site. Registered users may access all areas of the Site; certain areas will require an account as specified in Section 2 below.
Registered User Access to the Site.
- If you are granted access to certain areas of the Site, you will be requested to create a PowerX account. You agree to provide PowerX with accurate, complete information during your initial log-in. It is your responsibility to inform PowerX of any changes to such information. Each password is solely for one designated person. PowerX does not permit a) any other person to use the Site under a registered user’s name; or access through a single name to be made available to multiple users.
- When entering the member login section, you will select to receive a password to access the Content (defined in Section 3). You agree that you will maintain the password as private and confidential information. You are responsible for all use of the Site that is accessed through your password, and are responsible for preventing such unauthorized use. You warrant that you are not a “minor” as defined by applicable law. Any use of this Site by a minor or by any unregistered person is an “Unauthorized Use”. If an Unauthorized Use does occur, you will be fully responsible for any minor or any unregistered person whom you permit to use the Site; you will defend, indemnify, and hold PowerX harmless from and against any and all claims, liability or expenses arising out of an Unauthorized Use of the Site.
Intellectual Property Rights.
All text, software (including source and object codes), visual, oral or other digital material, photographs, information, data, graphics and all other content of any description available on the Site (collectively, the “Content”), and all copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how, database rights, and all other rights in or relating to the Content (collectively, the “Intellectual Property”) are owned by PowerX or its licensors, and are protected by copyrights, trademarks, service marks, international treaties or other proprietary rights and laws of the United States. Notwithstanding the foregoing, Content does not include any software (including source and object codes) and/or services provided on the Site which are subject to a separate set of terms and conditions. You may only use the Content or Intellectual Property, or access the Site, as expressly permitted in this TOS and for no other purposes. Except as expressly provided in this TOS, nothing contained herein will be construed as conferring upon you any license or right, by implication, estoppels or otherwise, under copyright or other intellectual property rights, laws or treaties. Furthermore, you may not use any of PowerX trademarks, trade names or service marks in any manner which creates the impression that such names and marks belong to, or are associated with, you or are used with PowerX consent, and you acknowledge that you have no ownership rights in and/or to any of these names and marks. All present and future rights in, and title to, the Site and the Content are reserved to PowerX for its exclusive use.
Grant of License.
- As a User of this Site, you are granted a personal, nonexclusive, nontransferable, no assignable, revocable, limited license to access and use the Site and Content to participate in a discussion forum that allows the exchange of ideas with other Users. PowerX may terminate this license at any time for any reason.
- Except as otherwise provided in this TOS, you (or the owner of any content that you post on the Site) retain ownership of all Intellectual Property in such content, which is defined as “your information.” When you elect to post your information on the Site, you grant PowerX the irrevocable, royalty-free, perpetual, worldwide right and license to use, copy, edit, reproduce, modify, display, reformat, perform, publish, translate, distribute, redistribute, adapt, promote, and create derivative work of your information, including without limitation in any medium and via any form of technology. You acknowledge that PowerX owns all Intellectual Property rights in any derivate work, compilation, new or improved products or services, and/or collective work PowerX may conceive based on, using or incorporating your information (excluding your information itself, which you own and to which you have granted a license as described in the preceding sentence). You may provide PowerX, as part of your information, with comments, enhancement requests, recommendations, or other feedback including without limitation suggestions for improvements to the Site and/or Content (collectively, “Feedback”). You agree not to publish or otherwise disclose such Feedback (except on the Site) or otherwise use, reproduce, modify, display, reformat, perform, distribute, redistribute, adapt, promote, and/or create derivative works from such Feedback without PowerX’s prior written approval. You represent and warrant that you have all right, title and interest (including without limitation Intellectual Property rights) in and to your information to grant such licenses to us without infringement or violation of any third party Intellectual Property rights contract rights.
Limitations on Use.
You may not use the Site or the Content for any illegal purpose or in any manner inconsistent with this TOS. The Content on this Site is for Specified Use only and not for commercial exploitation. As used in this TOS, “Specified Use” includes your use in a business, academic, professional, organizational, or individual setting, but DOES NOT include any activity or use that is in competition with, or which may become a competitor of, PowerX. Any such activity or use is an “Unauthorized Use”. An Unauthorized Use also includes, but is not limited to, (a) using the Content, or parts of the Content, to create a website, (b) using the Content, or parts of the Content, for financial or competitive gain for any party, individual or entity, or (c) performing, or carrying out, any of the other prohibited acts set out in this Section 5. No other hard copy or electronic duplication, transmission, redistribution, or publication of any Content is allowed, and you may not use or include any Content in any other print or electronic publication or service. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Site or the Content, nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the Content without PowerX’s prior written permission. You may not copy, modify, reproduce, download, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Site or the Content, except to the extent permitted in this TOS. You may not upload to the Site any data, material, code, virus, or any other digital information that is intended to, or has the effect of, rendering all or parts of the Site or the Content ineffective, unavailable, or unusable, or which uses, or attempts to use, the Site for any purpose not intended by the PowerX. You may not use or otherwise export or re-export the Site or any portion thereof, or the Content, in violation of the export control laws and regulations of the United States of America or any other country in which you may be using the Site. You will not alter or remove any trademark, copyright or other notice from any copies of the Content. You may not sublicense, assign or transfer this license. Any Unauthorized Use of the Site or Content is prohibited. Your violation of any of the foregoing provisions constitutes Unauthorized Use, and may result in civil or criminal liability. Requests regarding use of the Site or Content for any purpose other than Specified Use, as defined above, should be directed to www.PowerX.com .
In connection with the Site and Content, you will not: (a) act in an unwanted or offensive manner toward another User; (b) use the Site for political, commercial or advertising purposes; (c) harm or exploit minors in any way, which includes requesting personal or other information; (d) post, submit or otherwise do anything with the Site or Content that is unlawful, harmful, tortuous, defamatory, profane, obscene, libelous, hateful or offensive to the average User; (e) act in a racially, ethnically, or otherwise objectionable manner; (f) collect or store personal data of any other User; (g) post or reference pornographic materials (whether in visual, textual, or audio format); (h) discuss, incite or otherwise solicit illegal activity; or (i) violate or infringe upon the proprietary or other rights of any individual or third party.
Digital Millennium Copyright Act Notification of Alleged Copyright Infringement.
We respect the intellectual property of others, and we ask you to do the same. If you believe your work has been copied on the Site in such a way that would constitute copyright infringement, you should send a copyright infringement notice to our Designated Agent (as identified below) promptly. The notification should be in writing and should include, as specified below:
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.
- Identify the Site page or location that you claim is infringing the copyrighted work listed in Section 7A above.
- Provide information reasonably sufficient to permit us to contact you, including without limitation an email address, postal address and phone number.
- Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Sign the paper or provide an electronic signature.
- Send the written communication to the Designated Agent for Claimed Infringement via one of the following methods:
- Email: www.PowerX.com
- Postal Mail: 8815 sw 129 st Miami, FL 33176
- Phone: 1-305-255-7077
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from the Site without liability to any party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
Linking/Third Party Content.
PowerX does not control the content of the websites of third parties and is not responsible for any representations, advice, counseling or other assistance, or any errors or inaccuracies contained therein, that is shown on those websites, or otherwise provided to Users or obtained from the third parties who own such websites. Third party content may appear on this Site or may be accessible via links from this Site. PowerX is not responsible for, and assumes no liability for, any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Site. You understand that the information and opinions in the third party content is neither endorsed by, nor does it reflect the belief of, PowerX. You hereby irrevocably waive any claim against PowerX in connection with any of the foregoing.
Restrictions on Framing and Linking Activities.
PowerX are concerned about the integrity of the Site when it is accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Specifically, PowerX is concerned with activities such as bringing up or presenting content of the Site within another Web site (“framing” or “frame”). In this regard, without limiting the provisions contained in this TOS, you must make a specific request for, and secure permission from, PowerX prior to framing, this Site or any of its Content, or engaging in similar activities by writing to [email protected]. You may deep link (which for purposes of this TOS means linking to an internal or subsidiary page of the Site that is located one or several levels down from the Home Page) pages of this Site provided that such deep linking does not violate your obligations under Sections 5 and/or 6.
Errors and Corrections.
PowerX does not warrant or represent that the Site and/or Content will be correct, accurate, timely, or otherwise reliable, uninterrupted, error-free, free of viruses or other harmful components, or that defects will be corrected; however, it will make reasonable efforts to correct any such errors or problems if notified by a User. Such notice should be sent to [email protected].
THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS AND WITH ALL FAULTS. BRICKMAN DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, PERFORMANCY, ACCURACY, INTEGRATION, AND/OR ANY WARRANTIES ARISING OUT OF OR FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES WILL PowerX BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE AND/OR CONTENT. BRICKMAN DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND EXPENSES) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, CONTENT AND/OR THIRD PARTY MATERIALS THEREIN INCLUDING, WITHOUT LIMITATION (A) ANY ERRORS IN, OR OMISSIONS FROM, THE SITE AND THE CONTENT INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES, TRANSLATIONS, AND TYPOGRAPHICAL ERRORS; (B) ANY THIRD PARTY SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE INCLUDING, BUT NOT LIMITED TO, ANY ERRORS IN OR OMISSIONS THEREFROM; (C) THE UNAVAILABILITY OF THE SITE OR ANY PORTION THEREOF; (D) YOUR USE OF, OR INABILITY TO USE, THE SITE; (E) ANY COMPUTER VIRUSES, “WORMS,” OR “TROJAN HORSES,” ANY OTHER TYPE OF DESTRUCTIVE OR MALICIOUS COMPUTER CODE (BY WHATEVER NAME IT IS CALLED), OR ANY UNAUTHORIZED COMPUTER CODE WHICH IS ATTACHED TO, OR MADE A PART OF, THE SITE BY ANY PERSON, GROUP, OR ORGANIZATION. In no event will BRICKMAN’S aggregate liability for all claims arising under or relating to this TOS exceed fifty dollars ($50.00).
PowerX reserves the right to investigate complaints or reported violations of the TOS and to take any action PowerX deems appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to User profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
Governing Law and Jurisdiction.
This TOS is governed by, and construed in accordance with, the laws of the United States and State of Florida, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the federal and state courts located in the State of Florida with respect to any legal proceedings that may arise in connection with this TOS, the Site and/or Content. By agreeing to this TOS, you hereby irrevocably waive, to the fullest extent permitted by law, your right to form a class or otherwise participate in a class action suit against PowerX including without limitation the right to have a case under this TOS joined to a case relating to any third party subject to this TOS. This TOS will not be subject to (a) the United Nations Convention on Contracts for the International Sale of Goods, or (b) any version of the Uniform Computer Information Transactions Act (UCITA) as it is, or may be, adopted in any state.
Access outside the United States; Privacy.