Welcome to Powernality™ Thank you for visiting our website at www.Powernality.com. Your access to and use of this website (referred to as "our website") is conditioned upon your acceptance of and compliance with these Terms of Service ("Terms"). These Terms apply to all visitors, users, and others who wish to access or use our website.

By accessing or using, you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the service.

Powernality™ Ownership

The term ‘Powernality™’  and 'SuperPowered' refers to the trademarked brand names and service marks of Powernality, Inc., which owns and operates the website and is located at a registered office in Sheridan, Wyoming, United States of America. The term ‘you’ refers to the user or viewer of our website.

Services Offered

Powernality™ provides a variety of products and services including, but not limited to, books, pieces of training, courses, certifications, and materials related to the Powernality™ psychometric assessment and training system. These offerings are designed to assist individuals in identifying and leveraging their personal strengths.

User Conduct

As a user of this website, you agree to conduct yourself with respect and professionalism towards others. Prohibited behaviors include, but are not limited to, harassment, use of offensive language, and engaging in illegal activities. We reserve the right to terminate your access to our website for violating these standards of conduct.

Intellectual Property

All content published on this website, including trademarks, brand names, service marks, music, audio, video, books, courses, and any other material is the exclusive property of Powernality, Inc. Unauthorized use of this material is strictly prohibited and may result in legal action.

User-Generated Content

Users may post content on our website provided it does not infringe on the rights of others or contain harmful, illegal, or offensive material. Powernality™ reserves the right to remove any user-generated content without prior notice or explanation.

Using Our Services and Website

In the use of certain Services, you may provide, post, upload, input or submit on or through the Services, including blog pages, message boards, comment or discussion features, chat rooms and forums information, content or other material (“Your Content”). You are solely responsible for Your Content. You assume all risks associated with the use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your Content that personally identifies you or any third party. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire. Some Services may allow you to:

• Provide, post, upload, input or submit on or through the Services, including blog pages, message boards, comment or discussion features, chat rooms and forums, Your Content. Remember that all information that is disclosed in blog, message board, comment or other public areas becomes public information and you should exercise caution when deciding to share any of your personal information as part of Your Content;
• Use the Services as modified with Your Content; and/or
• Arrange for third parties to have access to Your Content subject to these Terms of Use.

Except as expressly permitted herein, you shall not:

• Access the Services by any means other than instructions provided by Company
• Use the Services for any illegal or unauthorized purpose
• Disrupt, damage, disable, alter, tamper, delete or interfere with the Services
• Share with any third party any access codes or Account information, including without limitation your username and password that you may create or Company may provide in connection with the Services;
• Attempt to gain unauthorized access to the Services or its related systems or networks, or otherwise override any security feature of exclusionary protocol;
• Reproduce, duplicate, copy, download, sell, resell, visit, or otherwise exploit the Services or Company Content for any commercial purpose without the express written consent of Company;
• Access the Services in order to: (1) build a competitive product or service, or (2) copy any ideas, features, functions, or graphics of the Services;
• Text and data mine except as permitted by Wiley’s Text and Data Mining Agreement. Personality Profile Solutions, LLC and Wiley reserve all rights to make reproductions and extractions for text and data mining.

Or provide, post, upload, input or submit on or through the Services, including blog pages, message boards, comment or discussion features, chat rooms or forums, or facilitate any of the foregoing, any content that:

• Is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another’s privacy, discriminatory, sexually oriented or tortious;
• Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party other proprietary right of any party;
• Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, or any form of lottery or gambling;
• Constitutes the selling or trading of any merchandise;
• Constitutes the soliciting for advertisers/sponsors; conducting contests/raffles; displaying advertising/sponsorship art; promoting, soliciting or participating in chain letters or marketing/pyramid schemes;
• Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
• Contains links to sites that violate these Terms of Use, such as pornographic sites, defamatory sites, and so on; or
• Impersonates any person or entity.

We generally do not pre-screen, monitor or edit the content posted by users of the Services. However, we have the right at our sole discretion to remove any content that, in our judgment, does not comply with the foregoing or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content.

You are responsible for all activity that occurs under your Account and you are solely responsible for maintaining the confidentiality of your access codes and Account information. You must notify us immediately if you become aware of any unauthorized use of your access codes or account information. You acknowledge that use of the Services is for your personal use only.

Updates and Modifications

These Terms of Service are subject to change at any time without notice. Your continued use of our website after any modifications to the Terms will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Terms.

Account Termination

Powernality™ reserves the right to terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the service will cease immediately.

Refund Policy

• No Refunds for Intangible Products: We do not offer refunds or allow chargebacks under any circumstances for coaching, workshops, training, certification, or any other service or intangible product that cannot be returned or reclaimed in new condition. The only exception is for certain certifications, which offer a money-back guarantee only after the first day and before the second day of training.

• Physical Products: Coaching, training materials, books, and physical courses have a 30-Day Money-Back Guarantee, provided they are returned in unused and new condition. All returns are subject to a 15% restocking fee.

Third-Party Links and Content

This website may contain links to third-party websites that are not owned or controlled by Powernality, Inc. Powernality™ has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Third-Party Trademarks

All third-party trademarks, brand names, logos, and service marks displayed on this website are the property of their respective owners. These trademarks are not to be used without the express written consent of their owners. The use of these trademarks on our website does not imply affiliation with or endorsement by their respective owners.

Indemnification

You agree to defend, indemnify, and hold harmless Powernality, Inc., its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation of Liability and Disclaimer

Powernality™ makes no warranty or representation about the accuracy, completeness, or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which Powernality™ shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.

Corrections

The Services may contain errors or inaccuracies and may not be complete or current. Company, therefore, reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to pricing, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.

Injunctive Relief

You agree that any breach of your obligations with respect to Company's proprietary or intellectual property rights will result in irreparable injury to Company for which money damages are inadequate, and you therefore agree that Company shall be entitled to seek injunctive relief, without the requirement of posting a bond, in addition to any other relief that a court may deem proper. In the event of your or others’ unauthorized access to or use of the Products, Services or Software in violation of the Terms, you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Additional Terms

We make no representation that the Services are appropriate or available for use in your location and accessing them from locations where their contents are illegal is prohibited. If you choose to access this site from any such locations, you do so on your own initiative and are responsible for compliance with local laws. These Terms of Use represent the entire agreement between us and supersedes any proposals or prior agreements, oral or written, and any other communication between us relating to the subject matter of these Terms of Use. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. Your continued use of the Services following the posting of any changes to the Terms of Use constitutes acceptance of those changes. Please note that by using the Services, you agree that you have full power, authority and capability to enter, and are entering, into a legally binding agreement (even if you are using the Services on behalf of a company). You acknowledge that you have read these Terms of Use and agree to be bound by its terms and conditions.

Dispute Resolution

In the event of a dispute, Powernality™ encourages in-house mediation as the first step. Should mediation fail to resolve the issue, arbitration will be pursued as a final resolution mechanism. Arbitration By agreeing to these Terms, you waive the right to participate in a class action lawsuit or class-wide arbitration but have the option to opt-out of this waiver within 30 days of a purchase or agreement.

Dispute Process

If you have any concerns or disputes, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of receipt by us, any resulting legal actions must be resolved through final and binding arbitration, including any question of whether arbitration is required, except that you may assert claims in small claims court if your claims qualify. Claims related to the Terms, Products, Services, or Software are permanently barred if not brought within one year of the event resulting in the claim.

Arbitration Rules

 JAMS will administer the arbitration in New York County, New York, USA. There will be one arbitrator that you and Powernality mutually select. The arbitration will be conducted in the English language, but any witness whose native language is not English may give testimony in the witness’ native language, with simultaneous translation into English (at the expense of the party presenting the witness). Judgment upon the award rendered may be entered and will be enforceable in any court of competent jurisdiction having jurisdiction overyou and us.

No Class Actions

You may only resolve disputes with us on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

Limitation on Claims

Any cause of action or claim you may have arising out of or relating to these terms of service or the website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New York County, New York, United States of America, without regard to its conflict of law provisions.

Contact Us

If you have any questions about these Terms, please contact us.

By accessing or using Powernality™’s website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Entire Agreement

These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Acknowledgment

By using our website and services, you acknowledge that you have read these Terms of Service and agree to be bound by them.