Terms Of Service
Terms of Service for PowerHouse LV Warehouse
Introduction
These Terms of Service govern your use of the
website (“Website”). By accessing or using the PowerHouse LV Website or platform, you agree to comply with and be bound by these Terms of Service. If you disagree with any part of these Terms of Service, or if you do not agree that the Terms of Service are reasonable, you must not use or access the Website.
Please read the Terms of Service carefully, as the terms contain important information about your legal rights, remedies, and obligations. If you require any more information or have any questions about our terms and conditions of use for this website, please feel free to contact us by e-mail at
.
You must be at least eighteen (18) years of age to use this Website. By using the Website and by agreeing to these Terms of Service, you warrant and represent that you are at least 18 years of age.
1. License to use the Website
Subject to the limitations in these Terms of Service, PowerHouse LV grants you a personal, limited, non-exclusive, non-transferable, revocable license to access and make personal use of the material in conjunction with your use of the Website. No other uses of the material are authorized or permissible without PowerHouse LV’s express written consent. You may view, download for caching purposes only, and print pages, files, or other content from the Website for your own personal use or the use of the company or organization you work for, subject to the restrictions set out below and elsewhere in these Terms of Service. The permission granted to you shall terminate automatically and immediately if you breach any of the terms or conditions of this Agreement.
You must not:
Republish material from the Website in print media or digital media (including republication on another website);Sell, rent, or sub-license material from the Website;Display any material from the Website to the general public;Reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose;Edit or otherwise modify any material on the Website;Redistribute material from the Website – except for content specifically and expressly made available for redistribution; orRepublish or reproduce any part of the Website through the use of iframes or screenscrapers.
Where content is specifically made available for redistribution, it may only be redistributed within your organization unless otherwise stated.
2. Acceptable Use
You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website, or use the Website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
You must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software or code.
You must not conduct any systematic or automated data collection activities on or in relation to the Website without PowerHouse LV’s express written consent. This includes:
ScrapingData miningData extractionData harvesting‘Framing’ (iframes)Article ‘Spinning’
You must not use the Website or any part of it to transmit or send unsolicited commercial communications. You must not use the Website for any purposes related to marketing PowerHouse LV’s products without the express written consent of PowerHouse LV.
3. Restricted Access
PowerHouse LV reserves the right to restrict access to certain areas of the Website, or at our sole discretion, the entire Website.
If PowerHouse LV provides you with a user ID and password to enable you to access restricted areas of the Website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.
PowerHouse LV may disable any user ID and password at PowerHouse LV’s sole discretion without notice or explanation.
4. User Content
In these Terms of Service, your “user content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to this Website, for whatever purpose.
Except as otherwise expressly provided herein and in the Privacy Policy and Cookie Policy, you agree that any user content, including but not limited to questions, comments, suggestions, reviews, creative materials, or other information that you provide by any means to PowerHouse LV through the Website are not confidential. PowerHouse LV shall be entitled to the unrestricted use of this material for any purpose, commercial or otherwise, without acknowledgment, notice, or compensation to you. Specifically, you grant to PowerHouse LV a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to PowerHouse LV the right to sub-license these rights, and the right to bring an action for infringement of these rights.
We will always keep your credit card and banking information confidential.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or PowerHouse LV or a third party.
You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal claims, proceedings, or other similar complaint or objection.
PowerHouse LV does not undertake to monitor the submission of your user content to, or the publication of such content on, the Website. PowerHouse LV reserves the right to edit or remove any material submitted to the Website, or stored on the servers of the Website, or hosted or published upon the Website.
5. Intellectual Property
Trademarks.
Certain trademarks, service marks, and logos (the “Trademarks”) used and displayed on the Website are owned by PowerHouse LV. The Website may also contain or refer to third-party trademarks, trade names, product names, and logos that may be registered trademarks of their respective owners. Under no circumstances may you use or copy any of the Trademarks. Nothing herein should be construed as granting any license or right to use any Trademarks displayed on the Website without the express written permission of PowerHouse LV.
Copyrighted Works.
All content contained on the Website, including, but not limited to, all software, images/video, electronic art, graphics, sounds/audio, data, communications programs, and user interfaces, executable code, computer code, and data formatted, organized, and collected in a variety of forms, including layouts, pages, screens, and databases and any and all other copyright-protected work associated with the Website (“Copyrighted Works”) are exclusively owned by PowerHouse LV and/or its licensors, and are protected by U.S. and international copyright laws. You agree that you will not directly or indirectly copy, reproduce, modify, create derivative works from, distribute, or publicly display the Copyrighted Works without the prior express written permission of PowerHouse LV.
No Other Rights or Licenses.
Except for the limited license identified in Section 1 above, you acknowledge that nothing contained in these Terms of Service shall be construed as granting or conferring, by implication, estoppel or otherwise, any right, title, or interest to any intellectual property, including any (a) inventions (whether patentable or not in any country), patents, patent applications, invention disclosures, improvements, trade secrets, proprietary information, know-how, information, or technical data; (b) Copyrighted Works, copyrights, copyright registrations, mask works, mask work registrations, or applications in the United States or any foreign country; (c) trademarks, trademark registrations, service marks, logos, or applications therefor in the United States or any foreign country; (d) trade secrets; or (e) any other tangible or intangible proprietary rights anywhere in the world.
Digital Millennium Copyright Act.
PowerHouse LV respects the intellectual property rights of others and it is PowerHouse LV’s policy to expeditiously process and review any notices of claimed infringement of copyright or other applicable intellectual property laws. Any notices of claimed infringement should be sent to PowerHouse LV’s Designated Agent at
, and must contain all of the following: (i) a signature (physical or electronic) of the copyright owner or a person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim is infringing and is to be removed or have access to the same disabled, and information sufficient to permit PowerHouse LV administrators to locate the material; (iv) information sufficient for us to contact you, such as address, telephone number, and e-mail address; (v) a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. If you believe any content or materials posted or uploaded by you were improperly removed or disabled, you may submit a Counter-Notification to PowerHouse LV at
with all of the following: (i) your signature (physical or electronic); (ii) a description of the work at issue; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
6. No Warranties
PowerHouse LV tries to keep the Website up, error-free, and safe, but cannot guarantee that the Website will be secure or that access to or use of the Website will be uninterrupted or free of errors or omissions. PowerHouse LV does not warrant that the Website will operate error-free, or that the Website and its servers are free of computer viruses or other harmful components. PowerHouse LV uses reasonable care and skill in providing the Website, but beyond that, the Website is provided without any warranties of any kind. You understand that PowerHouse LV cannot and does not guarantee or warrant that the Website and any use thereof will be free of viruses or other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data.
POWERHOUSE LV AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES PROVIDE THE WEBSITE, AND SERVICES “AS IS WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND POWERHOUSE LV HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE WHETHER EXPRESS OR IMPLIED AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. POWERHOUSE LV DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, THE AVAILABILITY OF CONTENT, THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL FUNCTION WITH OTHER WEBSITE OR HARDWARE, OR WITHIN A SYSTEM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY POWERHOUSE LV OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION MAY NOT APPLY.
Nothing on the Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, or medical matter you should consult an appropriate professional.
7. Limitations of Liability
IN NO EVENT SHALL POWERHOUSE LV, ITS OFFICERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY BUSINESS LOSSES, LOSS OF REVENUE, INCOME, PROFITS, ANTICIPATED SAVINGS, LOSS OF CONTRACT OR BUSINESS RELATIONSHIPS, LOSS OF REPUTATION OR GOODWILL, OR LOSS OR CORRUPTION OF INFORMATION OR DATA WHATSOEVER, RESULTING FROM ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR THIRD-PARTY CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR THIRD-PARTY CONTENT; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The foregoing limitations of liability apply even if PowerHouse LV has been expressly advised of the potential loss.
8. Indemnity
You hereby indemnify, hold harmless, and defend PowerHouse LV, its agents, officers, directors, employees, successors, assigns, and affiliates, from and against any action, cause, claim, damage, debt, demand, or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to (i) use of the Website by you or anyone using your account or credentials; (ii) breach of these Terms of Service by you or anyone using your account or credentials; (iii) any information used, stored, or transmitted in connection with your account or credentials; or (iv) breach of the rights of any third party, including but not limited to privacy, publicity, intellectual property, or other proprietary rights by you or anyone using your account or your credentials.
9. Breaches of the Terms of Service
Without prejudice to PowerHouse LV’s other rights, if you breach these Terms of Service in any way, PowerHouse LV may take such actions as it deems appropriate to deal with the breach, including suspending or terminating your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website, and/or bringing court proceedings against you.
10. Revisions to the Terms of Service
PowerHouse LV may revise these Terms of Service from time to time. Revised terms and conditions will apply to the use of this Website from the date of the publication of the revised terms and conditions of use on the Website or by notifying you of the revised terms and conditions of use via e-mail. Please check the Website regularly to ensure you are familiar with the current version.
11. Assignment
PowerHouse LV may transfer, assign, or sub-contract PowerHouse LV’s rights and/or obligations under these Terms of Service without notifying you or obtaining your consent. You may not transfer, assign, sub-contract, or otherwise modify your rights and/or obligations under these Terms of Service.
12. Unenforceable Provisions and Severability
If a provision of these Terms of Service is determined by any court or other competent authority to be unlawful and/or unenforceable, then such provision will be enforced to the maximum extent and scope possible and the other provisions will remain fully effective and enforceable.
13. Entire Agreement
These Terms of Service, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and PowerHouse LV in relation to your use of the Website and supersede all previous agreements in respect of your use of the Website.
14. Law and Jurisdiction
These Terms of Service will be governed by and construed in accordance with the laws of Nevada, USA, and any disputes relating to these Terms of Service will be subject to the exclusive jurisdiction of the state or federal courts of Nevada, USA. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in the State of Nevada. You hereby irrevocably waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in the State of Nevada and to the venue of any such suit, action, or proceeding brought in any such federal or state court in Clark County in the State of Nevada.
15. PowerHouse LV Contact Details
The Website is part of PowerHouse LV, which is a Nevada corporation. You can reach PowerHouse LV at:
Address: 7215 Bermuda Rd., Las Vegas, NV 89119Phone: 702-710-4744Email: info@powerhouselv.com
Additional Terms for Warehouse Services
16. Business Hours
Our business hours are from 6:00 AM to 5:00 PM, Monday through Friday. Receiving hours for deliveries are from 6:00 AM to 2:00 PM, Monday through Friday.
17. Eviction Notice
We require a two-week notice for eviction. Rent paid for the month of eviction will not be refunded.
18. Lien on Merchandise
PowerHouse LV Warehouse reserves the right to place a lien on merchandise for failure to pay outstanding fees. The lien will remain until all dues are cleared. If not paid we have the right to auction or sale and merchandise in order for us to re coupe any loses.
19. After-Hours and Holiday Services
Any warehouse services requested after hours or on holidays will incur a minimum additional charge of $500, on top of the standard service charges.
20. Payment Terms
All invoices are due within 7 days of the invoice being sent.Late payments may incur additional fees.
21. Liability
PowerHouse LV Warehouse is not liable for any damage or loss of goods due to natural disasters, theft, or other unforeseen events.
22. Insurance
Clients are responsible for insuring their merchandise stored in our warehouse. PowerHouse LV Warehouse does not provide insurance coverage for stored goods.
23. General Pricing
In and Out Fees: $12.50 in and $12.50 out per pallet or per loose box.General Storage: $3.5 - $5 per sq ft.TEU Storage: $105 per TEU (Twenty-foot equivalent unit storage).FEU Storage: $210 per FEU (Forty-foot equivalent unit storage).Per Day Storage: $45.00.If Required: $120.00 per day.Port Not Accepting Returns: $55.00 per day, plus $120.00 if required.Cost Plus 35% (upcharge).
Devanning Rates (containers)
Loose Load Rates Loose Cartons MinContainer (less than 500 cartons): $0.65 / $350.00Container (501 to 1,000 cartons): $0.55 / $475.00Container (1,001 to 1,500 cartons): $0.50 / $575.00Palletized20' Container Standard 48x40 (pallet size): $325.0040' Container Standard 48x40 (pallet size): $455.00
Labeling, Per Label
Link-Supplied for label, we print: $0.40Customer-Supplied printed label: $0.25
Pallet Storage
Per Pallet 48x40 Stackable (Non-Transload): $150.00 monthly per pallet Minimum of 6 pallets Pallet In Fee (Non-Transload): $12.50 per pallet Pallet Out Fee (Non-Transload): $12.50 per pallet
By using PowerHouse LV Warehouse services, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.