Terms of Service

Welcome to powerOne calculator! We invite you to access the powerOne website and use the powerOne software and other powerOne products, services, and websites hosted or made available by Infinity Softworks, Inc. (collectively referred to as the "Service"). Infinity Softworks, Inc. is an Oregon corporation with a principal place of business located at 10940 SW Barnes Rd, #329, in Portland, Oregon 97225 (hereinafter referred to as "Infinity Softworks," "we," "our," or "us").

Please note that your invitation to use the Service is subject to your review and agreement to be bound by these Terms of Service between you and Infinity Softworks ("Terms"). Unless otherwise agreed in writing with Infinity Softworks, these Terms will include the terms and conditions set forth in this document, the Software License Agreement, the Privacy Policy, and other terms and conditions that may be presented to you. This document describes in detail your rights and our rights relating to the use of the Service, so please review these Terms carefully. You should print or save a local copy of these Terms for your records.

The Terms of Service

These Terms constitute a contract between you and Infinity Softworks. No changes, additions, or deletions to these Terms will be accepted by Infinity Softworks. If you do not agree to these Terms, you do not have the right to access or use our Service. If you do use our Service, your use shall be deemed to confirm your acceptance of these Terms and your agreement to be a party to this binding contract. You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

Authority

By using our Service, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use our Service with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in these Terms.

Changes to the Terms

Changes in these Terms may occur from time to time. All changes will be posted at this web page and your continued use of the Service after the effectiveness of the updated Terms will be deemed to represent your agreement with, and consent to be bound by, the new and updated Terms.

Using the Service

In order to use the Service you must create an account. You create an account by providing us with a currently active email address and a password. We refer to this information as your "Account Information" or "Profile." We encourage you to use a distinct and non-obvious email and password combination, ideally one that is different from what you use for other services. You are responsible for maintaining the accuracy, completeness, and confidentiality of your Account Information or Profile, and you will be responsible for all activities that occur under your account, including activities of others to whom you have provided your Account Information or Profile. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information or Profile secure. If you discover any unauthorized use of your Account Information or Profile, you should immediately change your password and notify our Customer Support team.

Although you may use the Service with only a web browser, in order to use the Service on a variety of computing devices, you will need to install our client software on your computers, tablets, and/or phones. Obtaining those devices and paying for their connectivity and data plans is your responsibility. Infinity Softworks also has no responsibility for the availability of the Internet and other telecommunication services necessary to access the Service.

Your Rights

Once your account is created and you accept these Terms, we grant you a limited, worldwide, royalty-free, non-exclusive, non-assignable license to access and use the Service in strict compliance with these Terms, for so long as you are not barred from receiving the Service under the laws applicable to you, until you close your account voluntarily or until we close your account pursuant to these Terms. You do not obtain any other right or interest in Infinity Softworks or the Service.

Privacy Policy

Your use of the Service, including, but not limited to, any information and Content that you provide to Infinity Softworks, is subject to our Privacy Policy (the "Privacy Policy"). You hereby agree to comply with the Privacy Policy, the terms and conditions of which are incorporated in these Terms.

Content Ownership

You retain copyright and any other rights you already held in your information, text, photos, images, graphics, videos, software, or other materials that are created, transmitted, stored, downloaded, uploaded, or displayed on or through the Services (collectively referred to as "Content") before you submitted, posted, or displayed the Content on or through the Service.

You do, however, grant Infinity Softworks a limited license to your Content. By using the Service and creating Content, you grant Infinity Softworks a license to display, perform and distribute your Content and to modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers) and reproduce such Content to enable Infinity Softworks to operate the Service. You also agree that Infinity Softworks has the right to elect not to accept, post, store, display, publish or transmit any Content in our sole discretion.

You agree that these rights and licenses are royalty free, irrevocable and worldwide (for so long as your Content is stored with us), and include a right for Infinity Softworks to make such Content available to, and pass these rights along to, others with whom Infinity Softworks has contractual relationships related to the provision of the Service, solely for the purpose of providing such services, and to otherwise permit access to or disclose your Content to third parties if Infinity Softworks determines such access is necessary to comply with its legal obligations.

Inasmuch as we rely upon your rights to upload and distribute your Content, you represent and warrant to Infinity Softworks that you have the unfettered legal rights and authority to submit your Content to Infinity Softworks, and to make any publication or other distribution of that Content in your use of the Service. You also represent to us that, by submitting Content to Infinity Softworks and granting Infinity Softworks the rights described in these Terms, you are not infringing the rights of any person or third party.

Rules For Using The Service

Your use of the Service must be in accordance with these Terms. When it comes to your use of the Service, you agree that you are responsible for your own conduct and all conduct under your account. This means all Content is your sole responsibility as the person who created the Content or introduced it into the Service. You assume all risk associated with any Content that you upload and distribute, including anyone’s reliance on its accuracy, quality, or reliability, or any disclosure by you of information in your Content that makes you personally identifiable. This applies whether the Content is kept private, shared or transmitted using the Service or any third party application or services integrated with Infinity Softworks.

You agree that your right to use the Service is subject to the following conditions: i) you will not use the Service for any unlawful purpose or for any purposes not authorized by these Terms; (ii) you will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service; and (iii) you will not impersonate any person or entity or otherwise misrepresent the user’s affiliation with a person or entity.

You further agree as follows: (i) you will not violate or attempt to violate any system or network security of the Service, including, without limitation: (a) access data not intended for you or logging into a server or account which you are not authorized to access; (b) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempt to interfere with service to any user, host, or network; or (d) send unsolicited email, including promotions and/or advertising of products or services; (ii) any such violation may result in civil or criminal liability; and (iii) Infinity Softworks has the right to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Infinity Softworks also reserves the right to cooperate with any law enforcement agencies, including complying with warrants, court orders and subpoenas, and disclosing to law enforcement agencies any information about any user and anything a user does with respect to the Service. By your use of the Service, you authorize Infinity Softworks to take such action.

Sharing Content

Your Content is not encrypted or protected by any special means except that the identifier for your Content, which is used to access your Content, is a random collection of letters and numbers. This means that, for practical purposes, only those with whom you share your Content can see that Content.

Of course, once you share your Content with others, you are granting them the ability to access, use, display, perform, distribute and modify your Content (subject to any understandings or agreements you and such users may work out without Infinity Softworks’ involvement).

You hereby acknowledge and agree that: (i) Infinity Softworks will not be liable for any Content uploaded or otherwise used on or through the Service, nor will Infinity Softworks be liable for any loss or damage as a result of the use of any Content uploaded on or through the Service; and (ii) while Infinity Softworks is not obligated to monitor or review any of Content uploaded or otherwise used on or through the Service, Infinity Softworks reserves the right to: (a) monitor and remove Content uploaded via our Service; and (b) remove or refuse Content or to suspend or terminate users that violate these Terms at our discretion.

Without limiting the generality of the foregoing, you will not upload or otherwise use any Content which:

Infinity Softworks' Rights

While you own the Content you create with the Service, you acknowledge and agree that Infinity Softworks owns all legal right, title and interest in and to the Service, including, without limitation, all powerOne software.

Intellectual Property Rights

In agreeing to these Terms, you also agree that the rights in the Service, including all intellectual property rights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms. In particular, you agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any powerOne software, unless you are expressly permitted to do so under an open source license or we give you express written permission.

powerOne, the powerOne Software, the powerOne website, and the Service are copyrights and powerOne is a registered trademark of Infinity Softworks, Inc. All rights are reserved.

Right to Modify the Service

We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Service, including changes that may affect the previous mode of operation of the Service. This includes but is not limited to product and pricing changes, including changes that limit what you can do with your Content within the Service. We reserve the right to impose changes, suspend, or discontinue any (or all) aspects or features of the Service at any time, and from time to time, with or without notice.

You also acknowledge that a variety of Infinity Softworks actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Infinity Softworks has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. If you are a subscriber to a premium powerOne service tier (“Premium Service”) your maximum remedy is a termination of the Premium Service and reimbursement for the remaining unused term of the Premium Service subscription.

Right to Engage Third Parties

Infinity Softworks may from time to time engage certain affiliates or other third parties to provide technical or other services relating to all or part of the Service to you, and you hereby agree that such third party involvement is acceptable.

From time to time we may also link to third party materials or websites. We do not control or endorse such third party sites or materials and, accordingly, you acknowledge and agree that (i) we are not responsible for the availability of such external sites or applications; (ii) we are not responsible or liable for any content or other materials or performance available from such sites or applications and (iii) 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 your use of or reliance on any such content, materials or applications.

Intellectual Property Violations

We respond to clear and complete notices of alleged infringement of copyright, trademark or other intellectual property laws that satisfy the requirements in these Terms (which we believe to comply with the United States Digital Millennium Copyright Act and other applicable laws). If you believe that your intellectual property rights have been violated, please notify us and we will investigate. Note that each owner of intellectual property is responsible for protecting their rights and taking any legal or other action they determine to be appropriate to do so, and Infinity Softworks does not accept any obligation to take any particular action to enforce or protect any party’s intellectual property rights.

Closing Your Account

You may close your account with our Service at any time, for any reason or no reason. No notice is required. When you deactivate your account, any Content shared and followed by other users are retained as long as those other users maintain their followed state. Furthermore, any additional Content is retained for 30 days so you can recover your Content if you change your mind during that period.

Infinity Softworks may suspend access to your account, or close your account at our discretion, with or without notice according to these Terms. Reasons for Infinity Softworks suspending or closing your account may include, without limitation: (i) breach or violation of these Terms, (ii) an extended period of inactivity (determined in Infinity Softworks’ sole discretion), (iii) your nonpayment of any fees or other sums due Infinity Softworks or any other party related to your use of the Service, (iv) the discontinuance or material modification of the Service (or any part thereof) or (vi) unexpected technical or security issues or problems.

Submission of Ideas

When you submit any ideas, suggestions, documents and/or proposals relating to the Service (or other products or services) to Infinity Softworks through email or other mechanisms (collectively, "Contributions"), you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) Infinity Softworks is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) Infinity Softworks shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) Infinity Softworks may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become the property of Infinity Softworks without any obligation of Infinity Softworks to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from Infinity Softworks under any circumstances.

Warranty Disclaimer

YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, INFINITY SOFTWORKS AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

INFINITY SOFTWORKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, INCLUDING ANY REPRESENTATION OR WARRANTY THAT THE USE OF THE SERVICE WILL (A) BE TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA, (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) BE FREE FROM ERRORS OR THAT DEFECTS WILL BE CORRECTED, OR (D) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY CONTENT OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR SERVICE.

INFINITY SOFTWORKS ALSO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE CONTENT. ALL CONTENT, WHETHER FROM INFINITY SOFTWORKS OR A THIRD PARTY, IS PROVIDED BY AND IS SOLELY THE RESPONSIBILITY OF, THE USER PROVIDING THAT CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM INFINITY SOFTWORKS OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation Of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT INFINITY SOFTWORKS, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS, AGENTS, AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF INFINITY SOFTWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE; (v) INFINITY SOFTWORKS ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vii) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (viii) ANY OTHER MATTER RELATING TO THE SERVICE.

NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend and hold harmless Infinity Softworks and its underlying content and service providers, licensors and suppliers, and each of their respective subsidiaries, affiliates, officers, agents, and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, made by any third-party due to or arising out of use of the Service or any Content you submit, post or upload to or transmit through the Service, your connection to the Service, your violation of these Terms, or your violation of any law or the rights of another. These obligations will survive any termination of your relationship with Infinity Softworks or your use of the Service. Infinity Softworks reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with Infinity Softworks in asserting any available defenses.

Applicable Law And Jurisdiction

These Terms and the relationship between you and Infinity Softworks (including any dispute) shall be governed in all respects by the laws of the State of Oregon, United States of America, as they apply to agreements entered into and to be performed entirely within Oregon between Oregon residents.

You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to use of the Service must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim. Any claims you may have against Infinity Softworks must be resolved exclusively by a state or federal court located in Multnomah County, Oregon.

You may not use or otherwise export the Service except as authorized by United States law. In particular, but without limitation, the Service may not be (i) exported or re-exported into any U.S. embargoed countries or (ii) provided to or used by anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Service, you represent and warrant that you are not located in any such country or on any such list, and shall not use the Service in any such country.

Furthermore, the Service is available worldwide, but our data processing operations take place in the United States. If you use the Service, you acknowledge that you may be sending electronic communications (including your personal account information and Content), through computer networks owned by Infinity Softworks and third parties located in the United States and other countries. As a result, your use of the Service will likely result in interstate and possibly international data transmissions, and your use of the Service shall constitute your consent to permit such transmissions.

Entire Agreement

These Terms, including any attachments or exhibits hereto, constitute the entire agreement between the parties with respect to the subject matter hereof. None of the provisions of these Terms shall be deemed to have been waived by any act or acquiescence on the part of Infinity Softworks, its agents, or employees, but only by an instrument in writing signed by an authorized employee of Infinity Softworks. No waiver of any provision of these Terms shall constitute a waiver of any other provision(s) or of the same provision on another occasion. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law, then the remainder of these Terms shall continue in effect.

Attorney Fees

If any suit or action is filed by any party to enforce these Terms or otherwise with respect to the subject matter of these Terms, the prevailing party shall be entitled to recover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court and, if any appeal is taken from the decision of the trial court, reasonable attorney fees as fixed by the appellate court.

Notice

Except as otherwise expressly provided in these Terms, any communications between the parties, or notices to be given hereunder, will be given in writing by personal delivery, express courier, facsimile, or United States Postal Service, postage prepaid, to either user (at any address it has provided to Infinity Softworks) or to Infinity Softworks at its corporate headquarters, or to such other addresses or numbers as Infinity Softworks may hereafter indicate pursuant to this Section. Unless otherwise provided in these Terms, any communication or notice so addressed and delivered will be deemed to be given five (5) days after mailing; provided, however, any communication or notice delivered by email will be deemed to be given when the email has been generated and sent by the sender. Unless otherwise provided in these Terms, any communication or notice given by personal delivery will be deemed to be given immediately upon such delivery, provided such delivery is made to the person indicated below.

Contact Us

Infinity Softworks, Inc.
10940 SW Barnes Rd #329
Portland OR 97225 USA

or

help@power.one