Updated: May 2018
1. WELCOME TO POWER SUGGEST PRO!
You should read the complete Terms of Service because it is our legally binding agreement. The Terms of Service includes information about your legal rights and covers areas such as payments, limitations of liability and resolution of disputes.
2. YOUR ACCOUNT AND LICENSE
Our Products and Services are available to anyone who is at least 18 years old. You represent that you are at least 18.
2.2 Suspension of Your Account
We may modify, suspend or terminate your access to our Products if, in our sole discretion, we determine that you have violated this Agreement, including any of the policies or guidelines that are part of this Agreement, or to protect our brand or Platform.
2.3 Account Information and Security
When you purchase Power Suggest Pro, you provide us with some basic information, including your name and email address. Keep your email address and other account information current and accurate. Also, you agree to maintain the security and confidentiality of your software activation code (or else we may need to disable your account). You alone are responsible for anything that happens from your failure to maintain that security and confidentiality, such as by sharing your software activation code with others. If someone is using your activation code, notify us immediately at support "at" powersuggestpro.com.
3. FEES, PAYMENTS, AND OFFERS
3.1 Fees Charged by Power Suggest Pro
We charge fees for the use of our Products and Services. You agree to pay those fees and any associated taxes for your continued use of the applicable service. If our fees ever change, we’ll announce that on our Site. Unless otherwise stated, all fees and all transactions are in U.S. dollars. All fees are exclusive of applicable federal, state, local, or other taxes. You’re responsible for paying any additional fees or taxes associated with your use of Power Suggest Pro. Each payment provider is its own company, and Power Suggest Pro isn’t responsible for its performance.
3.2 Free Trials
We may offer free trials of our products. We will inform you of the length of the free trial, and the date and amount of your payment. After your free trial ends, you will be automatically billed. You may cancel your trial at any time.
3.3 Refund Policy
While we endeavor to provide the highest quality Products, we understand that there are circumstances where you may require a refund. We offer 60 days starting from (and including) day of purchase during which you may request for a refund and this will be processed for you. You are required to indicate your reason for a refund request. Please note that, to prevent abuse of our refund policy, we reserve the right to the final and sole decision to accept or decline a refund request. Upon the refund of your purchase, all rights to use the product will be revoked, and you must remove the software from all computers on which it was installed. We reserve the right to decline a refund request if these conditions are not adhered to.
4. LICENSE GRANT, USE, AND RESTRICTIONS
Subject to the terms and conditions of this Agreement, when you purchase the Power Suggest Pro software product, Power Suggest Pro grants you a non-exclusive, non-transferrable license (the “License”) to use the Power Suggest Pro software program in machine executable object code form only. This License is personal to you and you shall not assign or transfer the License to any third party under any circumstances. You may: (a) use the Software on a maximum of three computers, provided you are the sole user of the Software; (b) make copies of the Software solely for backup purposes, provided that the original and each copy is kept in your possession. You must reproduce and include the copyright notice on any backup copy, and must take reasonable measures to ensure that any copy is used only as allowed by the terms of this Agreement. All rights not expressly granted herein are reserved.
5. TITLE, COPYRIGHT, AND OTHER RIGHTS
The Products provided by Power Suggest Pro are copyrighted and licensed, not sold. Titles to these Products are not transferred to you. Power Suggest Pro Products include program code, documentation and processes, which are and remain, the exclusive and proprietary property of Power Suggest Pro. Power Suggest Pro retains all rights and titles in the Products and all copies and portions thereof. Title, ownership rights, and intellectual property rights of any third party contents accessed through the Products are the properties of the applicable content owners and may be protected by applicable copyright or other laws. This License gives you no rights to such contents.
6. LICENSE CONTROL
You acknowledge that the Products provided by Power Suggest Pro may contain code that automatically detect and prevent unauthorized use of our products.
7. SOFTWARE DOWNLOAD AND INSTALLATION
We warrant that for a period of 30 days after your purchase of the Software, the downloadable area where access to your Software is provided to you will be online and available to you, or an alternative will be provided. Should you wish to re-download the software after this period, you are required to contact us via e-mail with your date of purchase and receipt number. You accept the total and sole responsibility for the successful installation and use of The Program. You are required to have a current back-up of all programs and data installed on your computer prior to the installation of our sofware product in the event of a system malfunction during the installation process. Tedphoria Group Pte. Ltd. cannot and is not responsible for system or program recovery.
8. SOFTWARE LONGEVITY
The Power Suggest Pro software product works by emulating a human user using automation technologies, enabling it to perform search tasks quickly. In time, some search providers (e.g. Google, Yahoo, Bing, etc.) may put in place measures that could slow or hinder the usage of their search engines by automation or software. If this occurs, it may become difficult or impossible for Power Suggest Pro to access these search providers. In the event that Power Suggest Pro can no longer continue operating because it is unable to access data from most of these search providers, the Software will have reach its end of life and no future versions will be produced.
9. PRIVACY OF SEARCHES
10. THINGS YOU DEFINITELY SHOULDN’T DO
YOU will (a) not provide, make available to, or permit other individuals to use or access our Products, and you will be responsible for any unauthorized activity of our Products from your account; (b) not distribute copies of the Software to others or share your software activation code with others; (c) not provide use of our Products to third parties, or in a computer service business, network, time-sharing, multiple-CPU or multiple-user arrangement; (d) not sell, resell, rent, or lease our Products; (e) not modify, translate, reverse engineer, decompile, disassemble, create derivative works, or otherwise attempt to discover the source code of our Products; (f) not remove any proprietary notices or labels on our Products; (g) not license our Products if you are a direct competitor of Power Suggest Pro or its affiliated entities for the purposes of monitoring the Products’ availability, performance, or functionality or for any other benchmarking or competitive purposes; (h) not use our Products to store or transmit infringing, libelous, unlawful, or tortious material or to store or transmit material in violation of third party privacy rights; (i) not use our Products to store or transmit malicious code; (j) not interfere with or disrupt the integrity, performance and availability of our Products and Services.
11. STUFF WE DON’T DO AND AREN’T RESPONSIBLE FOR
Power Suggest Pro isn’t liable for any damages or losses related to your use of our Products. We don’t become involved in disputes between users, or between users and any third party relating to the use of our Products. When you use our Products, you release Power Suggest Pro from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access through our Products is at your own risk. You’re solely responsible for any resulting damage or loss to any party.
12. OTHER WEBSITES
Power Suggest Pro may contain links to other websites. When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.
Power Suggest Pro partners with other companies (such as ClickBank) for payment processing. When you sign up, you’re also agreeing to the payment processor’s terms of service.
13. POWER SUGGEST PRO'S INTELLECTUAL PROPERTY
Power Suggest Pro’s Products are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.
14. HOW WE DEAL WITH COPYRIGHT ISSUES
The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. Power Suggest Pro complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law. We reserve the right to delete or disable content alleged to be infringing. (We do this when appropriate and at our sole discretion.)
If you’d like to submit a claim of copyright infringement, please submit it to: support "at" powersuggestpro.com
15. TERMINATING YOUR LICENSE
You may terminate your license at any time. If you do so, all your license rights to The Software are terminated. However, your responsibilities under this License will continue. In addition, the licensor has the right to terminate this License Agreement and Licensee's right to use this Software upon any material breach by Licensee. The License granted will terminate automatically if you fail to cure any material breach of this Agreement within thirty (30) days of written notice, or immediately without notice in the case of a breach. Upon termination, you shall immediately cease all use of the Software and return or destroy all copies of the Software. Except for the License granted and except as otherwise expressly provided herein, the terms of this Agreement shall survive termination. Termination is not an exclusive remedy and all other remedies will be available whether or not the license is terminated.
16. OUR RIGHTS
Power Suggest Pro reserves these rights:
- We can make changes to the Power Suggest Pro Site and Products without notice or liability.
- We have the right to decide who’s eligible to use our Products and Services. We can terminate licenses or decline to offer our Products and Services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Power Suggest Pro in that jurisdiction.
- We have the right to reject, cancel, interrupt, remove, or suspend any license to use our Products at any time and for any reason.
Power Suggest Pro is not liable for any damages as a result of any of these actions, and is not required to comment on the reasons for any such action.
17. WARRANTY DISCLAIMER
You use our Products solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.
You accept the total and sole responsibility for the usage of our products. Power Suggest Pro cannot and is not responsible for any system malfunction while using our Products. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. Power Suggest Pro Products and Services are provided "as is" and Power Suggest Pro makes no warranties, express, implied, or otherwise, and expressly disclaim all warranties. Power Suggest Pro does not and cannot warrant the performance or results you may obtain by using our Products. If you discover a technical issue with our Products, please let us know. While we will do our best to fix them in later releases, this License does not entitle you to any upgrades or enhancements for our Products. Power Suggest Pro may release updates at times, and from time to time, at its sole discretion.
Power Suggest Pro SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM Power Suggest Pro SHALL CREATE ANY WARRANTY.
If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of Power Suggest Pro. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.
19. LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event will Power Suggest Pro, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Products; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site, even if Power Suggest Pro, its representative, or its partners and affiliates have been informed of the possibility of such damages. In no event shall Power Suggest Pro’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).
20. DISPUTE RESOLUTION AND GOVERNING LAW
We at Power Suggest Pro encourage you to contact us if you’re having an issue. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the Republic of Singapore, without giving effect to any principles of conflicts of law. You agree that Power Suggest Pro and its Products are deemed a passive website that does not give rise to jurisdiction over Power Suggest Pro or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the Republic of Singapore. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of Power Suggest Pro, shall be filed only in courts located in Singapore, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. All actions arising out of or relating to this Agreement will be heard and determined exclusively by the courts located in Singapore and the parties hereby consent to and waive any objections with respect to such jurisdiction and venue. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding. In addition, you agree to resolve disputes with Power Suggest Pro on an individual basis. You agree not to bring a claim as a plaintiff or a class member in a class, consolidated or representative action. You are expressly waiving any right to participate in class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations.
The provisions of this Agreement are severable. In the event that any provision or portion thereof is found by any court to be invalid or otherwise unenforceable,the remainder of this Agreement will not be affected, and the parties consent to such court's substitution of a valid and enforceable term that approximates the intent and effect of such invalid or unenforceable provision or portion.
22. THE REST
These Terms and the other material referenced in them are the entire agreement between you and Power Suggest Pro with respect to the Products. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Power Suggest Pro with respect to the Products and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or Power Suggest Pro to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get Power Suggest Pro’s prior written consent. Power Suggest Pro has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. Power Suggest Pro will provide you notice via email or by conspicuously posting the notice on our Site.