Terms of Service
Last Updated: Tuesday, April 8th, 2025
Welcome to POWLAX.com Community (the “Community”). By accessing or using our website, mobile application, and related services (collectively, the “Services”), you agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy. If you do not agree with these Terms, please do not access or use the Services.
1. Acceptance of Terms
By accessing or using our Services, you confirm that you have read, understood, and agree to be legally bound by these Terms. If you do not agree, you must immediately stop using our Services. Your continued use of the Services constitutes your acceptance of any modifications to these Terms.
2. Changes to the Terms
We reserve the right to update or modify these Terms at any time, in our sole discretion. All changes become effective immediately upon posting of the revised Terms on our website. It is your responsibility to review the Terms periodically. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.
3. Eligibility and Account Registration
- Eligibility: You must be at least 13 years old years old (or the minimum legal age in your jurisdiction) to use our Services.
- Registration: To access certain features, you may be required to register for an account. You agree to provide accurate, current, and complete information during registration and to update such information as needed.
- Account Security: You are responsible for safeguarding your password and account credentials. You agree to accept responsibility for all activities that occur under your account. Immediately notify us of any unauthorized use or suspected breach of your account.
4. User Conduct and Obligations
As a condition of your use of the Services, you agree that you will not:
- Upload, post, or otherwise transmit any content that is unlawful, harmful, abusive, defamatory, obscene, offensive, or otherwise objectionable.
- Harass, stalk, intimidate, or threaten any other person or entity.
- Impersonate any person or organization, or falsely state or misrepresent your affiliation with any person or organization.
- Engage in spamming, phishing, or other fraudulent or deceptive practices.
- Infringe upon or violate any intellectual property or proprietary rights of any party.
- Use the Services in any manner that could damage, disable, overburden, or impair our systems or interfere with any other party’s use and enjoyment of the Services.
We reserve the right to remove any content or restrict access to any user who violates these Terms.
5. Ownership, Content, and Licenses
5.1 Your Content
You retain all ownership rights in your content (“Your Content”) that you post on the Services. However, by posting or transmitting Your Content, you grant POWLAX.com Community a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content solely in connection with operating and providing the Services.
5.2 Community Content
Any content posted by users (“Community Content”) is user-generated, and you acknowledge that POWLAX.com Community is not responsible for its accuracy or reliability. POWLAX.com Community reserves the right to remove Community Content that violates these Terms or that we deem harmful, in our sole discretion.
5.3 Intellectual Property
All content and materials provided on the Services (excluding User Content) are owned by POWLAX.com Community or our licensors and are protected by intellectual property laws. You agree not to reproduce, modify, distribute, or create derivative works from any such content without our prior written consent.
6. Third-Party Content and Links
Our Services may include links to third-party websites or resources. These links are provided only as a convenience and do not constitute an endorsement by POWLAX.com Community of the content on such sites. We have no control over and assume no responsibility for any third-party content, and your use of such sites is at your own risk.
7. Payment and Membership
If you purchase any paid memberships or services (e.g., through MemberPress or similar services), you agree to pay all applicable fees. All fees are non-refundable, except as expressly provided in these Terms or as required by law. We reserve the right to change our pricing and payment terms at any time, with prior notice when reasonably practicable.
8. Disclaimers of Warranties
The Services are provided on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, or non-infringement.
- POWLAX.com Community does not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
- We make no guarantees that the information provided on the Services is accurate, complete, or current.
- Any reliance you place on any information or materials available on the Services is strictly at your own risk.
9. Limitation of Liability
In no event shall POWLAX.com Community, its affiliates, or their respective directors, officers, employees, or agents be liable for any indirect, incidental, special, punitive, or consequential damages, including without limitation, lost profits, data loss, or costs of procurement of substitute goods or services arising from or related to:
- Your use or inability to use the Services,
- Any unauthorized access to or alteration of your transmissions or data,
- Any claims or conduct of any third party, whether based on warranty, contract, tort (including negligence) or any other legal theory, even if POWLAX.com Community has been advised of the possibility of such damages. Our total liability to you for all claims under these Terms, whether in contract, tort, or otherwise, shall not exceed the amount paid by you, if any, for accessing the Services during the six (6) month period prior to the claim.
10. Indemnification
You agree to indemnify, defend, and hold harmless POWLAX.com Community, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:
- Your access to or use of the Services,
- Your violation of these Terms,
- Your infringement of any intellectual property or other rights of any third party,
- Any conduct related to your account or use of the Services. This indemnification obligation will survive the termination or expiration of these Terms.
11. Termination
We reserve the right, in our sole discretion, to terminate or suspend your access to all or part of the Services at any time, without prior notice or liability, for any reason, including but not limited to a breach of these Terms. Upon termination, all rights granted to you under these Terms will immediately cease, and you agree that POWLAX.com Community will not be liable for any termination of your access.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Colorado and the United States of America, without regard to its conflict of laws principles.
Any disputes arising out of or relating to these Terms or your use of the Services shall be resolved exclusively through binding arbitration in accordance with the rules of American Arbitration Association, and not in court. You hereby waive your right to a jury trial or to participate in a class action.
13. Miscellaneous
- Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between you and POWLAX.com Community regarding your use of the Services, and supersede any prior agreements, understandings, or representations.
- Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
- No Waiver: No waiver of any breach of these Terms shall be deemed a waiver of any subsequent breach.
- Assignment: You may not assign or transfer these Terms, in whole or in part, without our prior written consent. We may assign these Terms or delegate our rights and obligations hereunder without restriction.
- Force Majeure: POWLAX.com Community shall not be liable for any delay or failure to perform under these Terms due to causes beyond its reasonable control, including, without limitation, acts of nature, war, terrorism, industrial disputes, or governmental actions.
14. Contact Information
If you have any questions about these Terms, please contact us at:
Email: in**@****ax.com
Address: 6222 Arabella Dr. Castle Rock, CO 80108
By using our Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service.