TERMS & CONDITIONS
1. PARTICIPATION IN POTENTL/POTENTLa AWARDS AND PROGRAMS
You may use our Products and Programs only if you can form a binding contract with The POTENTL Agency ("POTENTL"), and only in compliance with these Terms and all applicable laws. If you submit an award entry or otherwise take part in our Products and Programs on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
We care about the security of our program participants. While we work to protect the security of our site, including the content of your award entries and other submitted information, POTENTL cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
3. THIRD-PARTY LINKS, SITES, AND SERVICES
Our Products and Programs may contain links to third-party websites, services, or other events or activities that are not owned or controlled by POTENTL or the POTENTL Awards ("POTENTLa"). We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from POTENTL/POTENTLa, you do so at your own risk and you agree that POTENTL/POTENTLa will have no liability arising from your use of or access to any third-party website, service, or content.
Participating in our Products and Programs, involves submission of a single or multiple award entries by you in award categories chosen at your discretion. POTENTL/POTENTLa and its judges do not independently verify information contained in your award entry and are relying on you to provide accurate and truthful information in your award entry. Your use of our Products and Programs, including in case of selection of your award entry as a “winner” or “finalist,” is in no way an evaluation, guarantee, warranty, sponsorship, or endorsement of any kind by POTENTL/POTENTLa, its owners, employees, or agents of your products and services, or of your Company, its executives, departments, or any of its business practices, or other characteristics. As such, in no way does POTENTL/POTENTLa assume any responsibility for the quality, condition, efficacy, suitability, safety, fitness, legality (including applicable patent, trademark, copyright, and trade secret laws), or reliability of any product or service produced, manufactured, distributed, sold, offered, rendered or otherwise made available by you. Nor does POTENTL/POTENTLa assume any responsibility for the workplace conditions, personnel, business practices, or other characteristics of your Company. If you use our Products and Programs, you agree to indemnify and hold harmless POTENTL/POTENTLa and its owners, officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties on any basis whatsoever), in any way related to (a) your access to or use of our Products and Programs, (b) reliance by any third party on our Product and Programs as a full or partial basis for conducting business with you, including by purchasing or using your products or services, or (c) your breach of any of these Terms.
The Products and Programs are offered on an “as is” basis without warranty of any kind, whether express or implied.
POTENTL/POTENTLa SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
6. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, POTENTL/POTENTLa SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS AND PROGRAMS; (B) ANY CONDUCT OF ANY THIRD PARTY ON THE PRODUCTS AND PROGRAMS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES INCLUDING JUDGES OR OTHER UNPAID VOLUNTEERS ASSISTING POTENTL/POTENTLa; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL POTENTL/POTENTLa’S AGGREGATE LIABILITY FOR CLAIMS RELATING TO OUR PRODUCTS OR PROGRAMS EXCEED THE AGGREGATE TOTAL ENTRY FEE PAID BY YOU FOR YOUR PARTICIPATION IN THE PRODUCT OR PROGRAM AT ISSUE.
7. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by the laws of the State of Texas, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Dallas, TX.
Our Products and Programs are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
8. GENERAL TERMS
Notification Procedures and changes to these Terms. POTENTL/POTENTLa reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products and Programs after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products and Programs.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by POTENTL/POTENTLa without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and POTENTL/POTENTLa's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.