OWNERSHIP & LIMITATIONS OF THE SITE
All contents of PowerfulImage.com are proprietary to Powerful Image, Inc. and are protected under international Copyright and Trade mark law. All rights are reserved. The reproduction, duplication, distribution, or modification of material from this site is strictly prohibited without prior written consent from Powerful Image, Inc. Users are also strictly prohibited from creating similar works or materials that are based on the material contained in this site. Powerful Image, Inc. also reserves any rights not expressly granted herein.

Powerful Image, Inc. does not warrant the functionality of the site or claim that it will meet a client's requirements. Further, Powerful Image does not warrant that all content, including product specifications and pricing, is accurate, reliable or correct. Client is responsible for understanding all costs and ensuring that products or services purchased meet their needs.

INFORMATION COLLECTION, USE, AND SECURITY
Powerful Image, Inc. will take every precaution to ensure safe keeping of user information and is the sole owner of the information collected on this site. We will only collect information that you voluntarily give us via email or other direct contact. We do not sell or rent client information.

The information you provide will only be used to respond to you for the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

You may opt out of any future contacts from us at any time by sending an email with “REMOVE FROM MAILINGS” in the subject header. Please include your name, company, and email address in the body of the email.

We also take precautions to protect your financial information. For that reason we do not currently collect credit card information online. Should that policy change, we will amend our terms of service to reflect our new policy.

CLIENT CONDUCT
You, as client, agree to abide by all applicable local, state, national and international laws and regulations regarding your use of our service and/or products.

The client is solely responsible for determining rules regarding, and ensuring legal use of, copyrighted or proprietary information, graphics, or other materials. Powerful Image, Inc. will not be legally liable for the misuse of protected materials, used in the course of completing a client's project, which the client claims as their own.

LIMITATION OF LIABILITY
Under no circumstances will Powerful Image, Inc., it's employees, subcontractors, volunteers, officers, or subsidiaries, be liable for any direct, indirect, incidental, punitive, or consequential damages resulting from the misuse of our products or services, inability to use purchased products and services, or any agreements not formally in writing.

This limitation applies whether the alleged liability is based on contract, negligence, tort, or any other basis.

Client's exclusive remedies for damages, losses, and causes of action, which are directly related to work performed by Powerful Image, Inc. shall not exceed the exact dollar amount of fees, if any, paid to Powerful Image.

INDEMNIFICATION
User indemnifies and holds harmless Powerful Image, Inc., Powerful Image employees, and Powerful Image business partners from any claims resulting from the use or misuse of information or materials provided by Powerful Image, Inc., including all liabilities, claims, expenses (including attorney's fees)

PAYMENT
Client agrees to pay Powerful Image, Inc. for services rendered. An agreement, in writing or email, authorizes Powerful Image to charge the client's credit card, before work begins, for the total amount of the purchase. Client is responsible for ensuring funds are available for charging.

Powerful Image, Inc. makes every attempt to ensure that the credit card user is an authorized purchaser on said account. Powerful Image is not, however, liable for credit card fraud, unauthorized use of a client's card, or insufficient funds charges. We will work with client's credit card company to the extent allowed to prosecute fraudulent charges, but Powerful Image cannot provide full refunds once work has been completed.

For some clients, Powerful Image will extend a line of credit to allow payment be made by check or money order after the work has been completed. Such accounts are payable, in full, within 30 days after the date of invoice. After 30 days, late fees or finance charges may be charged by Powerful Image, Inc.

Powerful Image, Inc. reserves the right to cancel service for client upon an indication of credit card problems or returned checks.

User agrees, upon default, to pay Powerful Image, Inc. its reasonable expenses, including attorney and collection-agency fees, incurred in enforcing its rights under these Terms and Conditions.

REFUNDS
Powerful Image, Inc. provides an opportunity for clients to obtain full refunds for work deemed substandard or unprofessional as compared to offerings from other similar service providers. Client must request said refund, in writing, within 24 hours of the first creative review conducted with Powerful Image's representatives. The credit card originally charged for the project will be credited. Client should allow 5-7 business days for full refund by our merchant credit card processors.

In the case of a refund, Powerful Image, Inc. retains the rights to all work parts and the client agrees to not use, and to dispose of, all copies. No partial refunds will be given past the first review stage. Should you receive a refund, you agree that your acceptance of the refund shall constitute your sole and exclusive remedy.

TERMINATION
Powerful Image, Inc. reserves the right to immediately terminate your use of our services at any time Powerful Image, at its sole discretion, determines that you have breached this Agreement or any relevant law, regulation, or rule or that you are engaged in conduct that Powerful Image, Inc. considers to be inappropriate. Such a termination of service does not excuse a client's financial obligation to pay for services previously rendered.

PROJECT DURATION
You recognize that you have a role to play in the successful outcome of your project and you agree to provide necessary creative brief information (possibly including organizational background, graphics and logos, copy, and coding). You further agree to respond to status notifications and information requests from Powerful Image in a timely manner. You are allowed up to 30 days to respond to each request sent to you. Failure to respond within 30 days, will result in Powerful Image assuming that your project is complete. Powerful Image will then have no further obligation to you, and your payment in full to Powerful Image is required.

POWERFUL IMAGE RIGHTS
By contracting with Powerful Image, you authorize Powerful Image to use, reproduce, modify publish, distribute, and communicate (in whole or in part), your Final Version to promote our services.

CLIENT RIGHTS
Upon successful completion of the project, you shall own the Final Version that Powerful Image provides to you. You shall not, however, own any materials or content produced in prior revision stages. Powerful Image will retain rights to all concepts and content not selected by you. Furthermore, you understand that ownership is limited to the Final Version. Trademarks or service marks are not transferred and Powerful Image has no responsibility to perform such legal searches on your behalf, though we do encourage you to do so prior to the start of the project. You also recognize that it is your obligation to seek any state or federal intellectual property protection for the Final Version.

COMMUNICATION
Use of Powerful Image services implies your agreement to receive status notifications, periodic newsletters, and select promotional offers for services that we believe may be of benefit to you. This allows us to keep our costs low and provide you with better service. You may unsubscribe from the newsletters at any time. If Powerful Image contracts with a third party to send the aforementioned emails, your personal information will never be shared with that party.

WAIVER
The failure of Powerful Image, Inc. to enforce a provision of this Agreement shall not be construed as a waiver or limitation of Powerful Image's right to later enforce compliance with each provision of these Terms of Service.

FORCE MAJEURE
If by reason of failures of action due to the elements, accidents, governmental restrictions or other causes beyond the control of Powerful Image, Inc., Powerful Image is unable to perform in whole or in part its obligations as set forth in these Terms of Service, then Powerful Image, Inc. shall be relieved of those obligations to the extent it is so unable to perform them. Powerful Image, Inc. shall not be made liable to the client for such services.

CHOICE OF LAW FORUM
These Terms of Service, and the agreements they condition, shall be governed by and construed in accordance with the laws of the state of Indiana . The exclusive jurisdiction, for any claim or action arising out of or relating to goods or services provided by Powerful Image, Inc., shall be filed only in the state or federal courts located in the state of Indiana.

SEVERABILITY
If any part of these Terms of Service are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

ENTIRE AGREEMENT
Unless otherwise specified herein, these Terms of Service constitute the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supersede any prior Terms of Service or Agreements between the parties with respect thereto.

MODIFICATION OF TERMS
This agreement may be changed at any time without notice. Powerful Image, Inc. reserves the right to modify these Terms of Service at its sole and absolute discretion. The user agrees to be bound by the current version of this document.