Last update: 21st June 2010
Welcome to NotifyMe! Before you register for an account, you must read and agree to the NotifyMe online services Terms of Use and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"):
PoweryBase brand and NotifyMe online services is a property of PoweryBase Inc. (“PoweryBase”, “us”, “we”, the “company”). PoweryBase has developed NotifyMe online services, a free service to manage reminders and tasks (the “Service”). You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. PoweryBase disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. PoweryBase also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you. By using this Service, you agree to comply with and be legally bound by the following terms of use ("Agreement") available on www.powerybase.com (“Site”). If you do not agree to these terms, do not obtain information from or otherwise continue using this Service. Failure to use this Service in accordance with the following terms of use may subject you to severe civil and criminal penalties. These terms and policies are in effect throughout the full term or duration of your use of the Service. You are responsible for regularly reviewing these Terms. Please review them carefully.
Although we may attempt to notify you via email or via the Service when major changes are made, you should visit this page periodically to review the terms. PoweryBase reserves the right, in its sole discretion, to modify this agreement at any time, effective by posting new terms on the Site with the date of modification. You are responsible for reading and understanding the terms of this agreement prior to registering with, or using the Service. Your use of the Service after any such modification has been published constitutes your acceptance of the terms and conditions as modified in this agreement.
The Service is made available to you for your personal use only. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. PoweryBase reserves the right to refuse service to anyone at any time without notice for any reason.
You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by PoweryBase; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; or (iv) use the Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. PoweryBase reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
PoweryBase takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does PoweryBase have any obligation to monitor such third party content. PoweryBase reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. PoweryBase also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of PoweryBase, its users and the public. PoweryBase will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
You acknowledge that PoweryBase owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the "PoweryBase Rights"), and such PoweryBase Rights are protected by international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The PoweryBase Rights include rights to (i) the Service developed and provided by PoweryBase; and (ii) all software associated with the Service. PoweryBase does not claim any ownership in any of the content that you upload, transmit or store in your PoweryBase account. We will not use any of your content for any purpose except to provide you with the Service or contact you.
You represent and warrant that (a) all of the information provided by you to PoweryBase to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
As a condition to using the Service, you agree to the terms of the Privacy Policy located at http://powerybase.com/legal/privacy.aspx as it may be updated from time to time. PoweryBase understands that privacy is important to you. You do, however, agree that PoweryBase may monitor, edit or disclose your personal information, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the Privacy Policy.
After a period of inactivity, whereby a user fails to login to an account for a period of six months, PoweryBase reserves the right to disable or terminate the account. If an account has been deactivated for inactivity, the username or the e-mail address associated with that account may be given to another user without notice to you or such other party.
You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by providing notice to PoweryBase at http://www.powerybase.com/support; provided, however, that a terminated account may continue to work for up to ten business days before such cancellation takes effect. PoweryBase may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless PoweryBase has previously canceled or terminated your use of the Services (in which case subsequent notice by PoweryBase shall not be required), PoweryBase may notify you via email of any such termination or cancellation, which shall be effective immediately upon PoweryBase's delivery of such notice. Sections 3, 4, 5, 7, and 9 - 13 of the Agreement shall survive expiration or termination.
We may send you information related to your user account, associated services or product news we consider to be important. Because we believe such information is important, you will not be given the opportunity to opt-out of receiving the most critical information regarding the Service or your user account.
You agree to hold harmless and indemnify PoweryBase, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, PoweryBase will provide you with written notice of such claim, suit or action.
These Terms of Use will be governed by and construed in accordance with the laws of California, USA, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in California, USA, and you consent to the jurisdiction of such courts.