IN THESE TERMS AND CONDITIONS, THE WORDS POTENZA GLOBAL SOLUTIONS SERVICE, POTENZA REFER TO OUR COMPANY, AND OUR WEBSITE(S), WWW.POTENZAGLOBALSOLUTIONS.COM, OR OUR SERVICE, POTENZA GLOBAL SOLUTIONS SERVICE, AS IS APPROPRIATE IN THE CONTEXT OF THE USE OF THE WORDS. “YOU” AND “YOUR” REFER TO YOU.
1. Limitation of Liability
IN NO EVENT SHALL POTENZA BE LIABLE FOR ANY LOSS, CLAIM, DAMAGES, OR COST (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES, OR LOST INFORMATION) ARISING OUT OR RELATED TO OF THE USE OF OR INABILITY TO USE OUR SITE, SERVICES OR PRODUCTS, EVEN IF POTENZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL POTENZA BE LIABLE FOR LOSS OF DATA OR FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), OR OTHER DAMAGES BASED IN CONTRACT, TORT OR OTHERWISE.POTENZA SHALL HAVE NO LIABILITY WITH RESPECT TO THE CONTENT OF THE SITE, SERVICES OR PRODUCTS OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION. THE FOREGOING EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN THE APPLICABLE JURISDICTION.POTENZA’S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THE TERMS AND CONDITIONS WILL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICES OR PRODUCTS, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OF THIS TERMS AND CONDITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS SITE, THE PRODUCTS OR SERVICES PROVIDED, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE OR SAID PRODUCTS OR SERVICES PROVIDED.POTENZA IS NOT LIABLE TO YOU OR TO THIRD PARTIES FOR ANY DAMAGE, HARM, INJURY OR CLAIM THAT ARISES FROM YOUR USE OF ANY SERVICES OR PRODUCTS PURCHASED FROM OUR SITE.
Our WordPress theme(s) and Plugin(s) are licensed pursuant to the terms of the GNU General Public License, version 2.0 (“GPL”). The terms of the GPL can be accessed here.
All .PSD files packaged separately and produced by POTENZA are not licensed under the GPL 2.0. Instead, these files inherit the POTENZA Personal Use License described within these Terms and Conditions. These files are given to all members on a personal use basis. You may not offer them, modified or unmodified, for redistribution or resale of any kind.
Third party libraries are subject to their own licensing. You are responsible for reviewing and following their respective licensing Terms and Conditions specific to each.
3. Ownership and Liability
You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of POTENZA. Our products are provided “as is” without warranty of any kind, either expressed or implied.
Our products are guaranteed to function as advertised on a clean self-hosted installation of WordPress or when activated without any changes. Once you modify any of the theme files or include third party applications, we cannot guarantee that the products will work. POTENZA does not provide any warranty for our products in any manner. We cannot guarantee they will function with all 3rd party components, plugins or web browsers. Browser compatibility should be tested against the demonstration templates on the demo server. Please ensure that the browsers you use will work with the products as we cannot guarantee that our products will work with all browser combinations.
5. Payments and Price Changes
If interested in purchasing any of our services or products, you will be required to submit payment information. To process payments, we use PayPal. You must agree with their Terms and Conditions before paying for any of our products. If purchasing an annual subscription, your subscription will automatically renew at the end of each year automatically unless you request a cancellation from POTENZA. You will be notified automatically before your renewal date in the event you would like to cancel your annual subscription.
POTENZA reserves the right to modify or discontinue, temporarily or permanently, prices of all products or subscriptions, including monthly or annual subscription fees, at any time with or without notice. Such notice may be provided at any time by posting the changes to the POTENZA Terms and Conditions.
6. Refund Policy
Item is “not as described”
An item is “not as described” if it is materially different from the item description or preview so you should expect the author to “tell it like it is” when it comes to the features and functionality of items. If it turns out the item is “not as described” you will be entitled to a refund.
Item doesn’t work the way it should
If an item doesn’t work the way it should and can’t easily be fixed you are entitled to a refund of the item. This includes situations where the item has a problem that would have stopped you from buying it if you’d known about the problem in the first place. If the item can be fixed, then the author is required to do so promptly by updating the item otherwise you are entitled to a refund of that item.
Item has a security vulnerability
If an item contains a security vulnerability and can’t easily be fixed you are entitled to a refund of the item. If the item can be fixed, then the author should do so promptly by updating the item. If the item contains a security vulnerability that is not patched in an appropriate timeframe then you are entitled to a refund of that item.
Item support extension not used
If you purchase an item support extension and request a refund of that extension before your existing item support expires you are entitled to a refund of that item support extension.
Items that have not been downloaded
If you have not downloaded a purchased item within 3 months from the date of purchase, you may be eligible for refund. You will be required to provide the author of that item your purchase code in order for the author to verify your claim that you have not downloaded an item. Although we think 3 months is a reasonable time, depending on where you are located, you might have a longer period to claim a refund if you have purchased for personal use and haven’t downloaded the item.
Why a refund may not be given
If the item is materially similar to the description and preview and works the way it should, there is generally no obligation to provide a refund in situations like the following:
- you don’t want it after you’ve downloaded it;
- the item did not meet your expectations;
- you simply change your mind;
- you bought an item by mistake;
- you do not have sufficient expertise to use the item;
- you ask for goodwill;
- No refunds will be given after 15 days from the initial purchase under any circumstances.
You agree to indemnify and hold POTENZA, officers, directors, employees and agents, harmless from any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney”s fees) arising from content you submit, post, transmit or otherwise make available through use of our services or products, your connection to our service or products, your violation of the Terms and Conditions, or your violation of any rights of another.
10. Termination and Cancellation
POTENZA in its sole discretion, has the right to suspend or terminate your account and refuse any and and all current or future use of the service or products provided by POTENZA, for violation of the Terms and Conditions. Termination will result in the deactivation or deletion of your account and access to your account, including the deactivation or deletion of all content in your account. POTENZA reserves the right to refuse services or products to anyone for any reason at any time, refund your payment and terminate your account if deemed necessary. If you are dissatisfied with any aspect of our services or products and wish to terminate your account voluntarily, you may do so by contacting us.
We reserve the rights to change or modify these Terms and Conditions without notice and at any time. For clarifications, please contact us from our contact page.