Terms of use

We make our best efforts to accurately capture marketplace activity. That said, ManufacturingPower.com, LLC. assumes no responsibility for the accuracy of any information on its website. Moreover, all decisions made with these data are done entirely at the user’s risk. Specifically, in no event shall ManufacturingPower.com, LLC. be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, errors or inaccuracies in data, data or data use, incurred by you our any third party, whether in an action in contract or tort, arising from your access to, or use of, the site or any content provided on though the site ManufacturingPower.com, LLC. ManufacturingPower.com, LLC. makes no representation that the results obtained from use of its data, charts, tools, articles, or products will be successful for your purposes or will satisfy your requirements in terms of correctness, accuracy, timeliness, reliability or otherwise. The terms “loss” and “damage” as used herein shall include, but not be limited to loss of profits, or increase in input costs, and all other direct, indirect, incidental, special or consequential damages arising out of use of this website or its services.

Protection of Your Personal Information

We are committed to protecting your privacy and personal information. We collect certain personal information (name, email address, telephone number, etc.) in order to provide you with a secure, smooth, efficient, and customized experience. This information is stored on cloud servers. Your personal information will never be shown, sold, shared, or revealed in any way to any third party. Moreover, upon your request, we will immediately delete all personal information from our database (and, of course, terminate your membership at the same time).

Agreement to Receiving ManufacturingPower.com emails

Email communications are integral to our service and, by agreeing to these terms of use, you agree to our sending you emails, as we see fit. Please note: you can unsubscribe to ManufacturingPower.com at any time and this email stream will stop.

Revisions to These Terms and Conditions

We reserve the right, in our sole discretion, to change these Terms of Use (“Updated Terms”) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.

How ManufacturingPower.com Uses Cookies

We use cookies to remember what parts of the website you have navigated to and to improve your browsing experience. Cookies are small text files which a website may put on your computer when you first visit a site or page. The cookie will help the website recognize your device the next time you visit. Cookies serve several functions. For example, they can help us to remember your username and preferences. Certain cookies contain personal information – for example, if you click to “remember me” when logging in, a cookie will store your username.

Content

We call all the electronic documents that you upload and store on your account “Content”. All Content uploaded by you into your account is yours! We don’t control, verify, or endorse the Content that you or others put on the Services. You are responsible for: (a) all Content you place in your ManufacturingPower.com, LLC. account(s) and share through the Services and (b) making sure that you have all the rights you need to the Content. In addition, by storing, using or transmitting Content you cannot and will not violate any law or these Terms.

You agree to provide ManufacturingPower.com, LLC. (as well as agents or service providers acting on ManufacturingPower.com, LLC’s. behalf to provide the Services) the right to transmit, process, use and disclose Content and other information which we may obtain as part of your use of the Services but only: (i) as necessary for us to provide the Services, (ii) as otherwise permitted by these Terms, (iii) as otherwise required by law, regulation or order, or (iv) to respond to an emergency.
There are two types of information contained in this website. The first type is industrial supply invoice pricing and other cost indexing information provided by customers (PowerPlayers) of ManufacturingPower.com, LLC. These data are for the use of our members only. Users may not distribute or share this information outside of their organizations in any way whatsoever, without written consent from the president of ManufacturingPower.com, LLC. The only exception to the above is when PowerPlayers use features on this website. When using these features, they are permitted to email reports and graphs to colleagues and suppliers for the expressed purpose of preparing for (or engaging in) negotiations with suppliers.

The second type of information is created by our members themselves, using ManufacturingPower.com’s tools and web pages (Custom data, PowerRanking, PowerHistory, ProductList, ProductDetail, ProductSpend, ProductTop10, PowerBOM, Budgets, and Forecasts). These lists, data, analyses, and results are the property of our PowerPlayers, and remain so even if they decide not to continue their membership. This information is stored on a secure server and can be accessed, at anytime, by our current PowerPlayers (and former members) by using their access credentials (i.e. user name and password) to log in. We will never show, share, or reveal this information in any way to third parties.

Confidential Information

During your use of the Services, ManufacturingPower.com, LLC. may share with you information that is confidential, sensitive or should be kept secret. For example, if we tell you about our product roadmaps, product designs and architecture, technology and technical information, provide you with security audit reviews, business and marketing plans, or share with you our business processes, these should always be considered confidential to ManufacturingPower.com, LLC.

Similarly, we agree that your Content, credit card/banking information and information contained in your account is confidential to you.

Also, if either of us provide any documents to the other that are labeled “confidential” (or something similar), or provide information (either in writing or verbal) that is of a type that a reasonable person should understand to be confidential such information is to be treated as confidential information.

However, if you tell us information that: (a) we already know at the time you tell us; (b) was told to us by a third party who had the right to tell us; (c) is generally available to the public; or (d) was independently developed by us without using any of your confidential information, then that information will not be considered confidential. The same goes for information that we tell you that falls into any of these categories.

Lastly, we both agree that: (i) we will treat each other’s information with the same degree of care that we treat our own confidential information; (ii) will use each other’s confidential information only in connection with these Terms and the Services; (iii) only share the information with others who have a need to know and who have agreed in writing to treat it as confidential (as we’ve outlined in this section); and (iv) not share the information with any third party except as allowed in these Terms or through the Services. Of course, confidential information will always remain the property of its owner.

NO WARRANTY OR CONDITIONS

TO THE EXTENT NOT PROHIBITED BY LAW, MANUFACTURINGPOWER.COM, LLC. AND ITS AFFILIATES (AND ASSOCIATED SERVICE PROVIDERS) (A) PROVIDE THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”, (B) MAKE NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS WHETHER EXPRESS OR IMPLIED (E.G. WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT), AND (C) DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

Dispute Resolution and Governing Law

You must comply with all domestic and international export laws and regulations that apply to your use of the Services, such as software. These laws include restrictions on destinations, end users, and end use.

If you reside in the United States, you agree that the Terms, and your relationship with ManufacturingPower.com, LLC. will be governed by the laws of the State of Minnesota, U.S.A. regardless of conflict of laws principles. We both agree that the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act does not apply to these Terms. We both agree that all of these claims can only be litigated in the federal or state courts in Ramsey County, Minnesota, USA and we each agree to personal jurisdiction in those courts. However, you agree that ManufacturingPower.com, LLC. can apply for injunctive remedies in any jurisdiction.

Fees

ManufacturingPower.com, LLC. offers both free and paid Services. If you choose to subscribe to a paid Service, you agree to pay the fees (“Fees”) as quoted to you when you purchase that Service. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the purchased Service (for example, data charges and currency exchange settlements). You will pay the Fees in the currency ManufacturingPower.com, LLC. quoted at the time of purchase. ManufacturingPower.com, LLC. reserves the right to change the eligible currencies at any time.

ManufacturingPower.com, LLC. reserves the right to change its prices at any time, however, if we have offered a specific duration and Fee for your use of the Service, we agree that the Fee will remain in force for that duration. After the offer period ends, your use of the Service will be charged at the then-current Fee(s). If you don’t agree to these changes, you must stop using the Service and cancel via email to info@manufacturingpower.com (with cancellation confirmation from a ManufacturingPower.com, LLC. representative). If you cancel, your Service ends at the end of your current Service period or payment period, and no refunds for previously paid services will be issued.

If you do not cancel in accordance with these Terms, the subscription for the Service will automatically renew at the then-current price and for the same subscription period. We will issue an invoice or charge your credit card on file with us on the first day of the renewal of the subscription period.

Billing/Payment

If you select a paid Service, you must provide us with current, complete, accurate and authorized payment method information (e.g. credit card information or credit application). You authorize us to charge your provided payment method for the Services you have selected and for any paid feature(s) that you choose. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) if you have elected a subscription service, on a recurring basis. To the extent Box has not received your payment, in order to bring your account up to date, we may bill you simultaneously for both past due and current amounts. If you do not cancel your account, we may automatically renew your Service(s) and charge you for any renewal term. You understand that failure to pay any charges or fees may result in the suspension or cancellation of your Services.

Subscription Period

You may elect the following subscription plans and billing options (please note that there might be only one of these options available depending on the Service purchased):
An annual subscription plan (“Annual Subscription Plan”). The subscription period for the Annual Subscription Plan will be for one year and will automatically renew each year on the anniversary unless you cancel at least three business days prior to your renewal date. You will be billed annually on or about the same day each year until such time that you cancel. Note that under the Annual Subscription Plan you will not be permitted to cancel, reduce the number of seats, or downgrade the Service you have selected until the anniversary date. Be aware that you are committing to a one-year plan.

General Terms

Severability; Entire Agreement. These Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Terms as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will remain in effect. This is the entire contract between you and us regarding the Service. It supersedes any prior contract or oral or written statements regarding your use of the Services.

Assignment and transfer. We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Service, unless we allow you to do so in writing.

Independent Contractors; No third-party beneficiaries. ManufacturingPower.com, LLC. and you are not legal partners or agents; instead, our relationship is that of independent contractors. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors.

Waiver. The failure of either of us to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect.

Government Terms. If Customer is a U.S. government entity or if this Agreement otherwise becomes subject to the Federal Acquisition Regulations (FAR), Customer acknowledges that elements of the Service constitute software and documentation and are provided as “Commercial Items” as defined at 48 C.F.R. 2.101, and are being licensed to U.S. government User as commercial computer software subject to the restricted rights described in 48 C.F.R. 2.101 and 12.212.

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