Policies ~Terms & Conditions

Last updated March 3, 2024.

Preliminary statement

Powell Woodworking, LLC (sometimes referred to in this policy as "we" or "us") maintains its online presence and provides services to customers and users via its website at www.powellwoodworking.net ("Website"). One of the most important issues that any company must address is that of its customers' and users' privacy. We believe that our privacy policy is one that adheres to all relevant laws, regulations, and customs while at the same time is readily accessible and understandable. We take great pride in the trust that you place in us and our Website. For our Website to be effective, we must collect certain information from you. If you do not agree with any of the terms or practices described in this privacy policy, please do not access our Website or applications. Through the use of our Website, you are consenting to the provisions set forth in this privacy policy.

We reserve the right to make changes to this privacy policy at any time. If you want to make sure you are up to date with our privacy policy, we advise you to visit this page frequently.

What does our privacy policy cover?

This privacy policy covers our treatment of your Personally Identifiable Information (as defined below) that we may collect when you access our Website or any application. This privacy policy does not apply to the practices of any company that we do not control or own, people that we do not employ or directly manage, or third-party websites that we do not own, control, or manage. If you visit a website that we mention or link to, be sure to review that website's privacy policy.

Our policy allows us to collect information from you in a manner that will allow you to retain control over your personal information, but still allow us to make your online visit to our Website safe, satisfying, and rewarding. We use your information to make it easier for you to access information and services provided on our Website. Since access to your account or profile on our Website requires authentication of your identity, some information is required to be provided for us to know who is accessing the Website and which areas that person has access to. The information allows us to provide you with a personalized experience. Use of any of the services on our Website is entirely voluntary; however, if you do not provide the Personally Identifiable Information if requested by us, then we may elect not to make the related services available for your use.

Information we collect

There are two types of general information that are typically collected online: Anonymous Information and Personally Identifiable Information.

Anonymous Information is information that cannot be traced back to a specific person. While we may have a hit counter on a page on our Website, that counter only tracks the number of hits, it does not collect any specific information about our visitors. This is an example of Anonymous Information. While anonymous visitors are welcome to browse, registration and agreement to our Terms of Use are required to use our personalized services including the full features of our Website.

Personally Identifiable Information is information that tells us about you and may include the following:

Name
Phone number
Physical address
Email address
Billing address
IP address
Credit card information
Shopping history
Photos and other information you store or post on our website

and similar information that helps identify you. This information is needed to allow us to personalize your experience on our Website including the areas of our Website that only registered users are permitted to access. When we request Personally Identifiable Information from you, we may include a link to these privacy policies, and inform you what information is required and what information is optional.

We may collect information from you directly in several ways such as when you place an order, create an account, become a member, maintain a "wish list," complete a survey, or enter contest. We collect information if you sign up to receive a newsletter, if you choose to connect your social media account to your Website account, or if you contact us. We also collect information about third parties from you when you participate in our "tell a friend" feature.

We may collect information about you from third parties so we can provide better, more personalized content and services for you, such as our service and marketing partners, with whom we might co-brand, promote, or engage in joint marketing activities.

We can collect information from your social media accounts if you give us permission. When creating an account on our Website, you may choose to link your social media accounts. Depending on the terms of the social media site, you may allow us to access to collect your personal information such as: your name, email address, profile picture, profile URL, gender, networks, user ID, list of friends, information related to friends and followers, birthday, likes, education history, work history, current city, hometown, interests, relationship status, and location, posted messages and content, or other data made publicly available. By linking your social media account, we are not obligated to request further permission to collect information accessible through that account.

This privacy policy does not cover the privacy and security practices for the sites where you have social media accounts. Rather, you should look to the social media sites' respective terms of service and privacy policies to understand how they treat your information. If you no longer want your social media accounts linked to our Website, please follow the appropriate steps on the Website or email us at design@powellwoodworking.net.

If you register, you will be asked to enter certain Personally Identifiable Information. Some of this information may not be required to register as a user. You must keep your registration data current in order to maintain your account. This information continues to build your Personally Identifiable Information profile.

How we use your information

We use your information to improve your experience on our Website. We may use the information to:

Process the transactions you request of us, such as to register an account, process orders and credit card transactions, or cash in your rewards

Create and manage accounts
Administer your participation in promotions, contests, and sweepstakes
Respond to your requests for help, comments, or concerns about our Website
Notify you if we materially update our privacy policy or terms of use.
Conduct market research, manage our promotions, or tell you about our products, services, or special offers on our own products or third-party products we think you might find interesting
Improve our products and services, by combining information that we have collected offline, online, from third-party sites, and from devices to help us understand and improve our Website
Protect against fraud and for security purposes
Comply with legal or regulatory requirements

Users who are children and their parents

Our Website does not knowingly collect Personally Identifiable Information from and about children. We are sensitive to the issues involved in collecting such information from children and have taken steps to ensure the privacy of any minors accessing our Website. If it is determined that such information has been inadvertently collected, we will take the steps necessary to ensure that such information is deleted from our database or that verifiable parental consent is obtained. Our Website established guidelines that operate in connection with our adherence to the Federal Children’s Online Privacy Protection Act of 1998 (COPPA): http://www.ftc.gov/ogc/coppa1.htm. We strongly agree with the intent of COPPA and have structured our COPPA policy to enable us to collect only the information from children that is necessary for their access to our Website service; and, then only after obtaining verifiable consent from their parents.

We strongly recommend that any information about children submitted to our Website be of the type that would typically appear in a local newspaper. Accordingly, information that is not appropriate for local newspapers should not be posted to our Website.

Information we share

We will not sell, rent, or otherwise provide your Personally Identifiable Information to anyone except as provided in this privacy policy. However, we may send Personally Identifiable Information about our users to other companies or people when:

we need to share your Personally Identifiable Information to provide a product or service that you requested;
we need to send the Personally Identifiable Information to third parties that provide services on our behalf to provide you with a product or service you requested;
we use marketing partners to help us audit the quality and effectiveness of advertisements, provide analytic services and similar services;
we use third parties (such as Google and/or Facebook) to collect and analyze information about the use of our Website. This information helps us provide relevant advertisements to you and measure the effectiveness of our marketing campaigns;
we use third-party shipping and credit card processing partners to enable them to properly fulfill your product and service requests. Our partners are not permitted to retain, share, store or use this Personally Identifiable Information for any secondary or other purposes not directly related to fulfillment of your product and service requests;
we have your consent to share your Personally Identifiable Information;
we respond to subpoenas, court orders, or legal processes or take other steps to remain in compliance with applicable laws; or
we find that your actions on our Website violate our Terms of Use or any of our usage guidelines for our services.

In most respects, you will deal directly with our third-party advertisers and their shipping and credit card processing partners. Therefore, our users should carefully review our advertisers' privacy policies and terms and conditions prior to entering into a transaction with such advertisers.

We collect information about you through online tracking. We use, as do third-party service providers, tracking technology like browser cookies, web beacons and pixels on our Website, applications, and in emails we send to you. Cookies are pieces of data stored on hard drives that contain information about you and your activity. Web beacons and pixels help us understand how you interact with our Website. Cookies are not linked to Personally Identifiable Information while users are on our Website. Cookies may allow you to only log into the Website once while remembering your username and password for future access. Cookies may be rejected by you, but the rejection may result in more limited access to the services we provide since our services may be personalized to you. Cookies may also be used to allow access to sweepstakes, contests and other events. Some of our advertisers utilize cookies; however, we do not have control over or access to their cookies. We use cookies to monitor Website activity, not user activity. If you choose not to accept cookies, you should be aware that you may not be able to experience the full functionality of our Website.

Our Website does not recognize "Do Not Track" browser signals.

Links

Our Website contains links to other websites. Some of these websites may display our product logos, our products, or other content provided by us. Please understand that we are not responsible for the privacy practices of these other websites. We recommend that you be aware when you leave our Website and that you read the privacy policies of the other websites to see how they treat information they collect. By providing access to third-party websites or advertisements, we are not endorsing the products or services provided by the owners or operators of such websites. Consequently, we will not be responsible for the accuracy, relevancy, availability, reliability, copyright compliance, legality or decency of the material contained in such third-party websites linked to our Website. We strongly encourage you to make whatever investigation you feel is necessary or appropriate before proceeding with any online or offline transaction. This privacy policy applies only to the information collected by us via our Website.

Newsletters

We plan on publishing newsletters that you can subscribe to. The newsletters will be sent via email and you will need to provide contact information in order to receive the newsletters.

Surveys, contests and sweepstakes

We may offer our users the opportunity to participate in surveys, contests and sweepstakes via our Website. In order to participate, you will be asked to provide information. Participation in these events is voluntary, thereby providing you with a choice as to whether to provide the information requested or not. Information requested for these events may include contact information (name and address), demographic data (zip code and age), and optional information (gender, likes, dislikes). Contact information will only be used to notify the winners and to award prizes. Any survey information will be used to improve and monitor our Website and other services.

Security

We take our commitment to protect your information seriously. When you submit sensitive information to our Website, the information is protected both online and offline.

When our registration and order forms request you to enter sensitive information (credit card or social security numbers), the information is encrypted and is protected with SSL technology.

Even though we use SSL encryption technology to protect your sensitive information online, we also employ internal procedures to protect sensitive information offline. Access to all of our users' sensitive information is restricted to only those employees that require access. We instruct our employees during the course of their tenure regarding protecting our users' confidential and sensitive information and we perform periodic checks of how the employees adhere to our policies. We maintain our servers in a secure and locked facility that restricts access to only those employees and technicians that require access. Our security policies are periodically reviewed and enhanced as necessary. Only authorized employees and technicians have access to the information provided by our users.

Due to the nature of technology, you are also partially responsible for the security of their information. Since people have become accustomed to the internet, browser technology has made it easier for everyone to return to their favorite websites without re-entering their usernames and passwords. While this is easier for surfing, when Personally Identifiable Information is associated with the log-in information, your security could be affected. We strongly recommend that you do not save their username and password in your browsers and that you either remember their log-in information or store your usernames and passwords separately to avoid unauthorized access to your information from your devices.

Additional information regarding our security practices can be obtained by emailing questions to design@powellwoodworking.net.

We also offer the following advice:

If you share your device with other people, remember to log off our Website before leaving it.
Don't share your password with anyone. If you store your log in information in your computer, remember to password protect that information. No one from our Website will ever ask for your password.
If asked, don't give out your personal information.
If you are unsure about the information you are providing, ask us, another administrator, or another person before posting the information.
If there is information that you would not like to see in your local newspaper, don't post it to our Website.
When in doubt, ask us at design@powellwoodworking.net.

Special offers

Each user that registers may be welcomed with an email message that verifies their username and password. Registered users will occasionally receive information regarding products, services, newsletters or other information that we believe may be of interest to them. Since we respect our users' privacy, we provide all users with the ability to opt out of receiving these messages. Please see our opt-out information below.

Announcements

As we add new services to our Website, we will inform our users of the additional features. We may also send announcements regarding updates to the service and information regarding maintenance. Since these messages contain important information regarding the service, our users are not permitted to opt out of receiving these messages.

Corrections to personal information

If your Personally Identifiable Information changes, or you wish to terminate your participation in our service, we will try to provide a way to correct, update, or remove your Personally Identifiable Information from our servers. These updates and removals can be initiated on our users' information pages by our Website administrator or by sending a message to design@powellwoodworking.net. In extenuating circumstances, we can address these issues via telephone or regular U.S. Postal Service. Some information may remain on our servers including in our archived records after termination of an account.

Opting out

We value your privacy and provide you with the ability to "opt out" of having your information used for purposes not directly related to our Website service and the purposes for which the information is requested. For instance, our registration form has a box that can be checked you to opt out of having their information used for marketing purposes or shared with third-party partners of our Website.

If you previously accepted our newsletter or promotional materials and no longer want to receive these messages, you may opt out of receiving additional messages by replying with "unsubscribe" in the subject line of the email, or by emailing us at design@powellwoodworking.net. You may also return to your information page to edit the information regarding receiving messages and newsletters and choose the opt-out option.

If any user information is being shared with third parties or collected by third parties, we provide prior notice to our users, in order to allow them to make an informed decision regarding allowing the information to be collected and proceeding with the third-party transaction or not.

Changes to our privacy policy

If we decide to change our privacy policy, we will inform you of what information we collect, how we use the information, and under what circumstances, if any, we disclose the information to third parties. If at any time we decide to use Personally Identifiable Information in a manner different from that stated at the time the information was collected, we will notify you via an email. You will then have the opportunity to opt out of allowing us to use the information. Users that fail to respond to the change of policy message will not have their information utilized pursuant to the new policies since we will implement the policies for all information collected from the time of the change forward. We will use the information in accordance with the privacy policy under which it was collected.

Enforcement

If you feel that our Website is not following our privacy policy, you may contact us at our corporate office via telephone. You may also direct inquiries to design@powellwoodworking.net. The Federal Trade Commission also has a complaint hotline that can be reached by phone at (202) 382-4357 or online at www.ftc.gov/ftc/complaint.htm.

As a member of the Better Business Bureau since 2019, we take pride in complying with the Bureau's commitment to online security. More information about the Bureau's Privacy Policies can be obtained at www.bbbonline.org.

Additional questions

Any additional questions regarding our privacy policy can be asked via email by sending a message to design@powellwoodworking.net.

California Privacy Rights

If you reside in California, you have specific rights over your personal information. For more information, you can visit the California Consumer Privacy Act's website: https://oag.ca.gov/privacy/ccpa.

The right to request information

You have the right to know the categories of personal information we collected about you; the categories of sources from which we collected that information; our business or commercial purpose for collecting that information; the categories of third parties with whom we shared that information; and the specific pieces of personal information we collected about you in the past 12 months.

The right to request access

You also may have the right to receive a copy of the personal information collected about you in the past 12 months.

The right to request deletion

Under certain conditions, you may have the right to request that we delete the personal information we have collected about you.

Sale or sharing of personal information

We do not sell your personal information, or share it for cross-context behavioral advertising.

How to exercise your rights

To submit a request to exercise these rights you may contact us at:

Email: design@powellwoodworking.net

For all requests, please clearly state that the request is related to "Your California Privacy Rights" and provide your name, street address, city, state, zip code and an email address or phone number where you may be reached. We will acknowledge your request within ten days. If you do not receive an acknowledgement, please contact us again to make sure your request was submitted properly.

You can always opt out or unsubscribe from marketing emails by emailing us at: design@powellwoodworking.net

Verification

Before we can respond to your request, we first must verify your identity using your personal information. If we are not able to verify your request, we will contact you for more information. If we are unable to verify your identity after a good faith attempt, we may deny the request and, if so, will explain the basis for the denial.

You may designate an authorized agent

You may designate someone to submit requests and act on your behalf (an "Authorized Agent"). To do so, you must provide us with written permission to allow your Authorized Agent to act on your behalf.

We will not discriminate against you

We will not unlawfully discriminate against you for exercising any of these rights.

Do not track

As described above, we may collect information about your usage and activity through cookies to help us provide you with relevant advertisements, offers and promotions. Some web browsers or smartphones have the ability to set "Do Not Track" requests to block user activity from being tracked across web pages or devices.

Our Website does not recognize "Do Not Track" browser signals.

TERMS AND CONDITIONS

Last updated March 3, 2024.

Welcome to www.powellwoodworking.net. This website (the "Website") is owned, controlled, and operated by Powell Woodworking, LLC, a Florida limited liability company (sometimes referred to in this document as "we" or "us"). These Terms and Conditions of Website Use ("Terms") apply to your access and use of our services at the Website. Please read these Terms and our Privacy Policy carefully before accessing or using the Website. These Terms spell out what you can expect from us and what we expect from you.

In accessing, browsing and/or using any area of the Website, you acknowledge that you have read, understand, and agree to be bound by these Terms and Conditions. We may make revisions to these Terms from time to time. By using the Website, you agree to be bound by such revisions and should therefore periodically visit this page to determine the then current version of these Terms to which you are bound. We may modify, update, or change these Terms from time to time without prior notice. We will endeavor to inform existing users when these Terms are revised by posting a Notice on the homepage of our Website. If you do not agree with these Terms, do not access or use the Website.

1. Restrictions on Use of Materials

a. Licensing, Eligibility, and Use of the Website

Certain areas of the Website may require registration. The decision to register is purely optional; however, if you elect not to register, you may not be able to use all or a portion of the Website. When you provide information to the Website, you agree to provide only true, accurate, current and complete information. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

If you register on the Website and/or create an account or personal profile, you agree to accept responsibility for all activities that occur under your account ("Account") or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights to your Account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other internet access device, as applicable) so that others may not access the password protected portion of the Website using your name in whole or in part. We reserve the right to terminate your Account or otherwise deny you access in its sole discretion without notice and without liability.

Subject to compliance with these Terms, for a limited time, the Website is granting its users a free, non-exclusive license together with the authority to use the Website, its services, and technology (collectively, the "Technology"). We reserve the right to charge fees for using the Technology in the future. If we ever decide to charge fees to use the Website, registered users would be notified of the fees in advance and would be given the opportunity to decline continuing use before fees were charged. You will not be charged a fee by us without your prior express consent.

You understand and agree that the Website is provided "as-is" and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings, if any. You may not (i) copy, modify, redistribute, sell, sublicense, assign, or transfer, any Technology, (ii) copy or adapt the source or object code of the Website's software, HTML, JavaScript or other programming code, or (iii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Website creates to generate web pages or any software or other products or processes accessible through the Website.

You also agree that you will not (i) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Technology (except as may be a result of standard Internet browser or search engine), (ii) fail to follow the instructions provided on the Website in a "robots.txt" file or similar mechanism (to the extent that you provide standard search engine services to the public), nor (iii) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third-party or on any third-party website, or otherwise use the Technology in any way for any public or commercial purpose except as specifically permitted by these Terms or us without our prior written consent.

We will employ reasonable measures to protect the security of users and user information, but make no warranty with respect to the data posted on or uploaded to the Website, including but not limited to, statistical data, news, and information. The Website assigns internal user IDs that are utilized to ensure that each user's unique information is properly linked within the Website universe.

You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Website and services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Website or services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms and Conditions. If you are under the age of 13, you may not use the Website or services, in compliance with the Children's Online Privacy Protection Act. If you are the parent or legal guardian of a child under the age of 18, you may use the Website or services on behalf of such minor child. By using the Website or services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child. If you do not qualify under these terms, do not use the Website or services. Your registration is void where prohibited by applicable law, and the right to access the Website is revoked in such jurisdictions. By using the Website and/or the services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein. The Website is administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the services or the Website.

b. Trademarks

The trademarks, service marks, trade names, and logos (collectively "Trademarks") used and displayed on the Website are registered and unregistered marks owned by us, our affiliates, or others. Nothing on the Website should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our prior written permission. The Trademarks (registered and unregistered) are protected by U.S. and international copyright and other intellectual property laws. We aggressively enforce our intellectual property rights to the fullest extent of the law. Our name and logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without our prior written permission. The Trademarks may not be used (i) to identify products or services that are not ours, (ii) in any manner likely to cause confusion, (iii) in or as a part of your trademarks, (iv) in a manner that implies that we sponsor or endorse your products or services, or (v) in any manner that disparages or discredits us.

c. Copyright Notice

You acknowledge that the Website contains information, data, software, text, photographs, images, graphs, audio and video clips, typefaces, graphics, layout, music, sounds, button icons, logos, look and feel of the Website, and other material (collectively "Company Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Company Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Company Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Company Content or any material from any website owned, operated, licensed or controlled by us, in whole or in part. You may not put any our graphics or text on your own website. If no specific restrictions are displayed, you may make copies of select portions of the Company Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Company Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Company Content protected by copyright, or other proprietary right, without obtaining our permission.

Without limiting the generality of the foregoing, use of any software Company Content shall be governed by the service agreement accompanying such software.

You must receive express written consent from us to use the Website materials for commercial purposes. In order to obtain that consent, which we may withhold in our sole discretion, please send an email to design@powellwoodworking.net with the following information: (i) your name, position, organization, address and telephone number; (ii) a description of the Website content, text or graphics you want to use; (iii) where, how and when you will be using the materials; (iv) to whom the materials will be distributed, in what quantities and for what purpose; and (v) other information that will be included with the Website material. We will respond by email and inform you whether or not we grant you permission to use the material. This decision will be made at our sole discretion.

d. Limited License

You may include a text link to any portion of the Website on your website. If you would like to use a graphic link, please email us at design@powellwoodworking.net. Your website, or any third-party websites that link to the Website (i) cannot frame or create a browser or border environment around any of the content on the Website or otherwise mirror any part of the Website, (ii) cannot imply that we or our Website are endorsing or sponsoring it or its products, unless we have given our prior written consent, (iii) cannot present false information about, or disparage, tarnish, or otherwise, in our sole opinion, harm the Company or its products or services, (iv) cannot use any of our trademarks without our prior written permission, (v) cannot contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable in our sole opinion, and (vi) has to be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. You may not change the appearance of the logo, or any trademarks used in connection with the logo, in any way. You agree to replace or remove a logo that we determine is not an appropriate display or use of one of our Trademarks. By linking to the Website, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, we reserve the right to prohibit linking to the Website for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.

2. Copyright Infringement Policy

We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at https://www.copyright.gov/). The address of our Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section.

Powell Woodworking, LLC Copyright Infringement Policy

It is our policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (b) remove and discontinue service to repeat offenders.

a. Procedure for Reporting Copyright Infringements.

If you believe that material or content residing on or accessible through the Website or the services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Proper Bona Fide Infringement Notification"):

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, email address;
A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

b. Upon Receipt of a Bona Fide Infringement Notification

Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is our policy:

to remove or disable access to the infringing material;
to notify the content provider, member or user that it has removed or disabled access to the material; and
that for repeat offenders, we will also terminate such content provider's, member's or user's access to the service.

c. Procedure to Supply a Counter-Notice to the Designated Agent

If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

A physical or electronic signature of the content provider, member or user;
Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
The content provider's, member's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the content provider's, member's or user's address is located outside the United States, for any judicial district in which we are located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

d. Removal

If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.

e. Address for Designated Agent

Please contact our Designated Agent to Receive Notification of Claimed Infringement at the following address:

Phone: (321) 363-4809

Email: design@powellwoodworking.net

3. Our Proprietary Rights

You acknowledge and agree that the Website and any necessary software used in connection with the Website (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Website or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or our advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Software, in whole or in part. We grant you a personal, non-transferable and non-exclusive right and license to use the Website through a web browser on a single computer; provided that you do not (and do not allow any third-party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Website. You agree not to access the Website by any means other than through the interface that is provided by us for use in accessing the Website.

Your affirmative act of using this Website and/or registering for the Website or the services constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically.

4. User Conduct

You understand that all information, data, text, graphics, messages or other materials, whether publicly posted or privately transmitted by a user of the Website ("User Content"), are the sole responsibility of the person from which such User Content originated. This means that you, and not us, are entirely responsible for all User Content that you upload, post, email or otherwise transmit to or via the Website. We do not control the User Content posted via the Website and, as such, do not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Website, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Website.

You agree to not use the Website to:

upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable in our discretion;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a representative of us, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted to or through the Website;
upload, post, email or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
"stalk" or otherwise harass another; or
collect or store personal data about other users.

You acknowledge that we do not pre-screen User Content, but that we and our designees shall have the right (but not the obligation) in our sole discretion to refuse or move any User Content that is available via the Website. Without limiting the foregoing, we and our designees shall have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content created by our users or submitted to the Website, including without limitation information in any company or user created Discussion Forum and in all other parts of the Website.

You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms and Conditions, (iii) respond to claims that any User Content violates the rights of third-parties, or (iv) protect the rights, property, or personal safety of us, our users, and the public.

You understand that the technical processing and transmission of the Website, including your User Content, may involve (i) transmissions over various networks, and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

5. Creative and Content Submissions from or by Users

We welcome your User Content, comments, and suggestions regarding the Website's products and services. However, if you send us any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information, or upload any User Content (collectively "Information"), such Information shall be deemed, and shall remain, our property. None of the Information shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to Information of every kind and nature throughout the universe, and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.

By posting messages, uploading files or inputting data on the Website, you grant (or represent and warrant that the owner of such information grants) us a royalty-free, perpetual, non-exclusive, worldwide license to host, use, copy, distribute, resource, disclose, sell, modify, adapt, transmit, translate, perform, publish, broadcast, reformat, archive, store, cache, or create derivative works from or display any of the Information, or otherwise exploit in any manner whatsoever, and sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Information.

The Website may contain bulletin boards, blogs, social networking, email, chat rooms, forums or other public posting areas (collectively "Communication Tools"). While the Website does not pre-screen or monitor the messages, information, files or data posted on the Website or transmitted using the Communication Tools, it may edit, refuse to post or remove any information or materials, in whole or part, that in our sole discretion are objectionable, in violation of these Terms, or for any other reason (See Section 4 of these Terms for examples of such content).

Each user needs to evaluate, and shall bear all risks associated with, the use of any of User Content, including, but not limited to, any reliance on the accuracy, completeness, or usefulness of User Content. As we may not pre-screen User Content, you bear legal responsibility for others' exposure to any offensive indecent or objectionable content in User Content.

6. Representations and Warranties

You represent and warrant to us that you will fully comply with these Terms. If you choose to post material to any portion of the Website or to submit any Information to the Website, you further represent and warrant to us that such materials are not subject to any copyright, proprietary or intellectual property rights, or that you have obtained express authorization from the holder of such rights to distribute such materials on the Website. By posting materials to any portion of the Website, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, creative derivative works from and distribute such materials or incorporate such materials into any form, media or technology now known or later developed throughout the universe. In addition, you warrant that all "droit moral" rights in any such materials have been waived.

7. Indemnification

You hereby agree to indemnify, defend and hold us, our affiliated companies, and all officers, directors, owners, agents, information providers, affiliates, subsidiaries, parent companies, licensers, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs, including, without limitation, attorneys' fees, incurred by such Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties and covenants. You agree to use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

8. Termination

You may terminate this license at any time by ceasing to access and use the Website, although you shall remain bound by these Terms with respect to any past use of the Website. We may continue to display the content you uploaded to the Website on or before the time of termination unless you specifically request that we remove such content. We may at our sole discretion terminate this license at any time, with or without prior notification, in the event you fail to comply with these Terms or for any other reason that we believe, in our sole discretion, is appropriate, by deactivating your user name and password and/or suspending operation of the system. Upon termination, you must destroy all materials obtained from the Website and any and all other Company websites, and all copies thereof, whether made under these Terms or otherwise.

9. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND EXCLUSIONS AND LIMITATIONS

THE WEBSITE AND OUR SERVICES ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS, INCLUDED ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY LOST PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ("LOSSES") THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO LOSSES ARISING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM THE WEBSITE OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE WEBSITE'S RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Third-Party Content

The Website may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites and resources, you acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource. You further acknowledge that we shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in websites listed in the Website listings or search results, or that is otherwise provided to us by third parties.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.

11. Privacy Policy

In accordance with the terms of the Website's Privacy Policy, incorporated by reference (available at www.powellwoodworking.net/privacy-policy), the Website respects your privacy.

12. Successors and Assigns

These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

13. Construction and Interpretation

Headings in these Terms are for ease of reference only and are not to be used to interpret the terms and conditions hereof.

14. Governing Law

These Terms shall be governed by, and construed in accordance with, the laws of Florida, without regard to its choice of laws principles. The Website is controlled, operated, and administered from within the USA. If you access the Website from a location outside of the USA, you are responsible for compliance with all local laws.

15. Jurisdiction and Venue

Each party hereby consents to the jurisdiction of the state and federal courts sitting in Florida; provided, however, that any decision by any such court may be appealed to the appropriate appellate court or courts. Each party hereby waives any objection it might otherwise have to venue in any of such courts.

16. Arbitration

a. Before initiating an arbitration, the initiating party agrees to first provide the other party a written notice ("Notice of Dispute"), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute can be emailed to us at: design@powellwoodworking.net. We will provide a Notice of Dispute to you via the physical address or email address in our possession (the "Notice Address").

Both parties agree to make attempts to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until a 45-day post-notice resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, either party may commence an arbitration proceeding

b. YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN US (YOU AND POWELL WOODWORKING, LLC), AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO THE WEBSITE, TO THE USE OR ACCESS THEREOF, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED ON OR THROUGH THE WEBSITE, AND/OR TO THE APPLICATION, ENFORCEABILITY, SCOPE, OR INTERPRETATION OF THIS AGREEMENT TO ARBITRATE ("DISPUTES") SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION.

ALL DISPUTES SHALL BE DETERMINED BY BINDING ARBITRATION (1) ADMINISTERED BY THE JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. ("JAMS"), PURSUANT TO THE JAMS STREAMLINED ARBITRATION RULES & PROCEDURES EFFECTIVE JULY 1, 2014 (THE "JAMS RULES"), AND AS MODIFIED BY THIS AGREEMENT TO ARBITRATE; (2) CONDUCTED BY A SINGLE, NEUTRAL ARBITRATOR; AND (3) TAKE PLACE TELEPHONICALLY UNLESS AN IN-PERSON HEARING IS SPECIFICALLY REQUESTED BY EITHER PARTY, IN SUCH CASE IN-PERSON HEARINGS SHALL TAKE PLACE IN FLORIDA. TO THE EXTENT THAT THIS AGREEMENT TO ARBITRATE CONFLICTS WITH THE JAMS POLICY ON CONSUMER ARBITRATIONS PURSUANT TO PRE-DISPUTE CLAUSES MINIMUM STANDARDS OF PROCEDURAL FAIRNESS (THE "MINIMUM STANDARDS"), THE MINIMUM STANDARD IN THAT REGARD WILL APPLY.

DISPUTES MAY ALSO BE REFERRED TO ANOTHER ARBITRATION ORGANIZATION IF WE (YOU AND POWELL WOODWORKING, LLC) AGREE IN WRITING, OR TO AN ARBITRATOR APPOINTED PURSUANT TO SECTION 5 OF THE FEDERAL ARBITRATION ACT.

The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/ or by calling JAMS at 800-352-5267. To commence an arbitration, a Demand for Arbitration is required to be executed and served on us. Service of the Demand for Arbitration on us can be emailed to Powell Woodworking, LLC, Attn: Legal Department at design@powellwoodworking.net, pursuant to the instructions provided by JAMS to submit a Dispute for arbitration. Service of the Demand for Arbitration on you will be sent to the Notice Address. Further instructions on submitting a Demand for Arbitration can be found at www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf. We will bear the cost of your initial filing fee.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow the terms of these Terms.

BECAUSE THE WEBSITE CONCERNS INTERSTATE COMMERCE, THE FEDERAL ARBITRATION ACT ("FAA") GOVERNS THE ARBITRABILITY OF ALL DISPUTES. HOWEVER, APPLICABLE STATE OR FEDERAL LAW MAY ALSO APPLY TO THE SUBSTANCE OF ANY DISPUTES. YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL.

c. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY AND ALL DISPUTES WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS/CONSUMERS OR ARBITRATE, AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, ANY DISPUTE. Further, unless both parties expressly agree otherwise, the arbitrator may not consolidate more than one person's claim. If this prohibition of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

17. Entire Agreement

These Terms are intended by the parties as a final expression of their understanding and as a complete and exclusive statement of its terms and supersedes any prior or contemporaneous agreements between them, whether written or oral, with respect to the subject matter hereof. In case any one or more of the provisions contained in these Terms shall be held to be invalid, illegal or unenforceable, the remaining provisions shall continue to be valid and binding to the extent that they continue to effectuate the intent of the parties as of the date of these Terms, or of any subsequent modification or amendment of these Terms. Acceptance of, or acquiescence in, a course of performance rendered under these Terms shall not operate as a modification of these Terms or a waiver of any provision of these Terms. These Terms may be modified only by an instrument signed by both parties.

Questions regarding these Terms can be directed to design@powellwoodworking.net