Privacy Policy

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and PowerFive Marketing ("Company," "we," "us," or "our"), concerning your access to and use of the powerfivemarketing.com website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Service.

2. Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

3. User Representations

By using the Site, you represent and warrant that:

✔ All registration information you submit will be true, accurate, current, and complete.

✔ You will maintain the accuracy of such information and promptly update such registration information as necessary.

✔ You have the legal capacity and you agree to comply with these Terms of Service.

✔ You are not a minor in the jurisdiction in which you reside.

✔ You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.

✔ You will not use the Site for any illegal or unauthorized purpose.Your use of the Site will not violate any applicable law or regulation.

4. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

✔ Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

✔ Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

✔ Use a buying agent or purchasing agent to make purchases on the Site.

✔ Use the Site to advertise or offer to sell goods and services.

✔ Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

✔ Engage in unauthorized framing of or linking to the Site.

✔ Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

✔ Make improper use of our support services or submit false reports of abuse or misconduct.

✔ Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

✔ Attempt to impersonate another user or person or use the username of another user.

✔ Sell or otherwise transfer your profile.

✔ Use any information obtained from the Site in order to harass, abuse, or harm another person.

✔ Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

✔ Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

✔ Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

✔ Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

✔ Delete the copyright or other proprietary rights notice from any Content.

✔ Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

✔ Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

✔ Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").

✔ Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

✔ Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

✔ Use the Site in a manner inconsistent with any applicable laws or regulations.

5. User Generated Contributions

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

When you create or make available any Contributions, you thereby represent and warrant that:

✔ The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

✔ You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Service.

✔ You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Service.Your Contributions are not false, inaccurate, or misleading.

✔ Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

✔ Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.Your Contributions do not violate any applicable law, regulation, or rule.Your Contributions do not violate the privacy or publicity rights of any third party.

✔ Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

✔ Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

✔ Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Service, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Site.

6. Contribution License

By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

7. Guidelines for Reviews

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:

You should have firsthand experience with the person/entity being reviewed.Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language.Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.Your reviews should not contain references to illegal activity.You should not be affiliated with competitors if posting negative reviews.You should not make any conclusions as to the legality of conduct.You may not post any false or misleading statements.You may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

8. Social Media

8.1 Social Media Integration

Our Services may include features that allow you to integrate your social media accounts (e.g., Facebook, Twitter, LinkedIn) with our platform. This integration enables you to manage and post content directly to your social media profiles through our Services.

8.2 User Responsibilities

When using social media features, you agree to:

Compliance: Abide by the terms and conditions of the respective social media platforms.

Content Ownership: Ensure that you have the necessary rights to post content on social media and that such content does not infringe upon the rights of others.

Appropriate Use: Avoid posting content that is defamatory, obscene, threatening, or otherwise violates any laws or regulations.

8.3 Limitation of Liability

We are not responsible for any actions taken by social media platforms or other users concerning content you post through our Services. You acknowledge that you are solely responsible for the content you share and any consequences arising from such sharing.

9. Third-Party Services

9.1 Integration with Third-Party Services

Our Services may provide you with the option to integrate or interact with third-party services, such as analytics tools, payment processors, or other applications.

9.2 No Endorsement

The inclusion of third-party services within our platform does not imply endorsement or recommendation by us. We provide these integrations for your convenience, and you choose to use them at your discretion.

9.3 Third-Party Terms

Your use of third-party services is governed by the terms and conditions of those third parties. We are not responsible for the performance, accuracy, or reliability of any third-party services.

10. Termination

10.1 Termination by You

You may terminate your account and cease using our Services at any time by contacting us or through your account settings.

10.2 Termination by Us

We reserve the right to suspend or terminate your access to our Services, in whole or in part, at our discretion, without notice, if we believe you have violated these Terms or applicable laws, or for any other reason.

10.3 Effect of Termination

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that, by their nature, should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Disclaimer of Warranties

Our Services are provided "as is" and "as available," without any warranties of any kind, either express or implied. We do not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components.

12. Limitation of Liability

To the fullest extent permitted by law, in no event shall PowerFive Marketing, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Services; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party; or (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

13. Indemnification

You agree to defend, indemnify, and hold harmless PowerFive Marketing and its affiliates, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within Orange County, Florida, to resolve any dispute or claim arising from these Terms or your use of the Services.

15. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised Terms.

9. Contact Us

If you have any questions or concerns regarding the privacy aspects of our services or wish to file a complaint, please contact us here.