Terms of Service and Conditions of Sale

Last updated 10/31/2025. For questions, contact PowerOne.

Introduction

The PowerOne Terms of Service and Conditions of Sale are set forth below and also include the Acceptable Use Policy as well as the Disclosure and Privacy Policy (together, the “Documents”), which detail the mutual rights and obligations between the PowerOne customer (“you” or “your”) and PowerOne, its officers, agents, employees, contractors, vendors, and affiliates (“PowerOne Affiliated Parties”). You agree to be bound by the terms and conditions of all of these Documents. These agreements are effective from your acceptance, which is indicated by your initial and/or continued use of the Service and/or acceptance of product delivery. If you do not agree to these terms, you should not use the Service and/or accept delivery of product. PowerOne may modify this Agreement at any time; modifications are effective upon notice as provided under Section 9. Your continued use or acceptance of product constitutes acceptance of modifications.

1. Entire Agreement.This Agreement, the Acceptable Use Policy (Section 23), and the Disclosure and Privacy Policy (Section 22) (together, the “Documents”) constitute the entire agreement between Purchaser and PowerOne with respect to the Service and/or product, including any parts or replacement product. The Documents supersede all prior or contemporaneous communications (electronic, written, oral, or otherwise). No statement not expressed herein is binding on PowerOne. These terms prevail over any variance in Purchaser’s order. Purchaser’s signature on the Quotation, acknowledgement on a Purchase Order, or acceptance of delivery constitutes acceptance.
2. Acceptance.Acceptance of this Agreement by PowerOne is contingent upon (1) satisfactory credit and (2) absence of mathematical error or deviation from PowerOne standard prices. You agree to provide accurate and complete billing information (legal name, address, telephone number) and to report changes within 30 days.
3. Relationship of the Parties.Nothing in this Agreement creates a partnership, joint venture, or similar relationship.
4. Payment.Purchaser agrees to pay the Net Amount on the Invoice/Quotation. All sales are F.O.B. shipping point; transportation and similar charges are Purchaser’s responsibility. Fees include start-up, recurring usage (monthly/yearly), early termination (if applicable), and software purchases. Setup fees are non-refundable. Refunds for monthly fees paid in advance are issued only if in excess of $100.00, subject to termination charges. Invoices are due upon receipt and late after 15 days. If unpaid within 30 days, interest accrues at the lesser of 1.5%/month or the maximum allowed by law. Returned-check service charges apply. Report suspected billing errors within 30 days of invoice/transaction; no refunds/credits for charges older than 60 days. Purchaser agrees to pay collection/repossession costs, including allowable attorneys’ fees. For billing inquiries: PowerOne Customer Service (352) 253-2200.
5. Taxes.Purchaser pays all applicable taxes/fees imposed by any governmental authority. If PowerOne is required to collect, amounts will be stated on the invoice and must be paid unless Purchaser provides a valid exemption certificate. Resale certificates are required for hardware purchased for resale.
6. Severability.If any provision is held invalid/unenforceable, the remainder remains in full force.
7. Modification and Waiver.PowerOne may modify these Terms at any time. Purchaser is responsible for reviewing Terms before ordering. Purchaser-proposed modifications are binding only if agreed in writing by an authorized PowerOne representative. A waiver applies only to the specific instance and does not waive other Terms or future enforcement. Failure to enforce does not waive rights.
8. Applicable Law; Venue.Federal law of the United States and the laws of the State of Florida (without regard to conflict of laws) govern. Exclusive jurisdiction and venue lie in the state and federal courts in Lake County, Florida, USA.
9. Notices.PowerOne may provide notice via email to your account address, general posting at www.power1.com, or U.S. Mail/courier to your address of record. Notices are effective the first calendar day after email/posting or the fourth calendar day after mailing/deposit with a commercial courier.
10. Non-Transferability.You may not assign this Agreement or your rights/obligations without PowerOne’s prior written consent. PowerOne may assign its rights/obligations.
11. Force Majeure.Neither party is in default due to events beyond reasonable control (including but not limited to hostilities, civil unrest, strikes, epidemics, accidents, natural disasters, power/transportation failures, governmental actions, acts of God).
12. Deemed Unenforceable.If any term is deemed unenforceable, remaining terms stay effective and will be construed to reflect the parties’ intent.
13. Title; Security Interest.Until full payment of the Net Amount (including freight/taxes), PowerOne retains a purchase-money security interest in product. PowerOne may file this Agreement/financing statement to perfect its interest. Title passes only upon full payment.
14. Default.Upon Purchaser default, bankruptcy/insolvency proceedings, or assignment for benefit of creditors, PowerOne may repossess product without notice and may enter the job site to do so.
15. Risk of Loss.Risk of loss passes to Purchaser upon delivery to Purchaser or carrier. Purchaser must inspect on receipt; if not objected to in writing within 30 days, goods are deemed accepted as to condition/quantity.
16. Warranty of Product.Product warranty is provided by the manufacturer. No other representations are made or relied upon regarding purpose/quality/function. Warranty excludes accident, negligence, tampering, alteration, abuse/misuse, or damage from non-PowerOne parts/components. PowerOne is not liable for consequential/special damages. All implied warranties (merchantability/fitness) are disclaimed to the extent permitted by law.
17. Delivery of Product.PowerOne is not liable for failure/delay in delivery due to causes beyond its control (e.g., labor disputes, fires, embargoes, war, acts of God, carrier/supplier delays, governmental acts).
18. Cancellation and Returned Product.Orders may be cancelled only with PowerOne’s written consent and payment of reasonable cancellation charges. Returns require prior written authorization. Purchaser is charged costs to place goods in saleable condition, sales expenses, a 25% restocking fee, and any outbound/ inbound transportation costs. Used/opened product may be declined.
19. Limited Liability – Product.PowerOne is not liable for direct/indirect/special/incidental/consequential damages arising from any product or shipment (including loss of use, revenue, profits, money, savings, business, opportunity, goodwill, or reputation), whether in warranty, tort (including negligence/strict liability), contract, or otherwise, even if advised of the possibility. This does not limit liability for death or personal injury where prohibited by law.
20. Termination of Service Agreement.
    1. 20.1 Account Changes/Cancellation.Send first-class registered or certified mail (return receipt requested) to:PowerOne, Account Termination, P.O. Box 428, Tavares, Florida 32778 or email: cancellations@power1.com. Cancellations require 30 days’ written notice.
    2. 20.2 Payment; Late Fees; Suspension.Payment is due monthly on the due date. PowerOne may charge late fees (up to the maximum allowed by law) or take action to compel payment, including suspension/termination (unless prohibited by law). Reconnection charges may apply. Acceptance of late/partial payments (even marked “paid in full”) is not a waiver. Customer is responsible for late charges and third-party collection costs, including reasonable attorneys’ fees.
    3. 20.3 Your Right to Terminate.You may terminate at any time with or without cause upon 30 days’ notice (as above), subject to applicable early termination charges. Refunds for monthly fees paid in advance are issued only if in excess of $100.00 and only if the account is not subject to termination fees. Early termination may require payment of an early termination charge and a refund adjustment to the higher rate applicable to the shorter term.
    4. 20.4 Termination for AUP Violations.PowerOne may immediately terminate or suspend Service for violations of the Acceptable Use Policy (Section 23) and may remove/refuse material believed to infringe others’ rights or be inappropriate.
21. Limitation of Liability and Indemnification – Service.
    1. 21.1 Exclusive Remedy.If dissatisfied with the Service or its terms, your sole remedy is to terminate this Agreement and discontinue use by cancelling per Section 20.
    2. 21.2 “As-Is” Information; No Warranties.All information from/through the Service is provided “as-is,” “as available;” all warranties are disclaimed (including implied warranties of merchantability/fitness). PowerOne and Affiliates are not liable for reliance on information or for mistakes, omissions, interruptions, deletions, errors, defects, delays, or failures of performance. No liability for direct/indirect/special/ incidental/consequential damages (e.g., lost business/profits/litigation), whether in contract, warranty, tort, product liability, or otherwise. You agree to commence any cause of action within one (1) year after it arises.
    3. 21.3 Viruses; Liability Cap.All responsibility for damages caused by viruses from any electronic file obtained via the Service is disclaimed. PowerOne’s maximum liability relating to provision of the Service is equal to the fees you paid for the specific Service giving rise to the claim.
    4. 21.4 International Use.You are solely responsible for international use. PowerOne makes no representation that materials are appropriate/legal outside the U.S.; access where illegal is prohibited. Compliance with local laws/customs is your responsibility; access outside the U.S. is at your sole risk.
    5. 21.5 Third-Party Merchants.PowerOne provides access to third-party merchant sites but does not operate/control their products/services and is not a party to your transactions. Use is at your sole risk and without warranties of any kind by PowerOne or Affiliates (including title, fitness, merchantability, or non-infringement). PowerOne/affiliates are not liable for damages arising from such transactions or for information appearing on merchant sites or linked sites.
    6. 21.6 Indemnification.You agree to defend, indemnify, and hold PowerOne and PowerOne Affiliated Parties harmless from all liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) any violation of this Agreement by you or those accessing the Service through your account; and (b) use of the Service/Internet and placement or transmission of any content by you or those accessing via your account.
22. Disclosure and Privacy Policy.
    1. 22.1 IP/Proprietary Rights.The content, organization, design, compilation, and related matters of the PowerOne website (the “Site”) are protected by applicable intellectual property and other rights. Copying, redistribution, use, or publication by you is prohibited except as allowed in Section 22.3.
    2. 22.2 Trademarks.PowerOne is the registered trademark of Evalcor, Inc. dba PowerOne. Other names may be trademarks of their respective owners.
    3. 22.3 Limited License.Viewing, printing, or downloading any content/graphic/form/document from the Site grants a limited, nonexclusive license for your personal use only—not for republication, distribution, assignment, sublicense, sale, or derivative works.
    4. 22.4 Third-Party Content/Links.PowerOne provides access to diverse information on the Internet. Some material may be offensive, misleading, or controversial. Third-party sites are not controlled by PowerOne; links do not imply endorsement/association/approval. Use good judgment and supervise minors. See Acceptable Use Policy (Section 23).
    5. 22.5 Service Changes/Outages.PowerOne continually updates and improves its Service and product to meet evolving industry standards. Changes may occasionally cause degraded or interrupted services. PowerOne will attempt to communicate planned outages/interruptions via its notification process.
23. Acceptable Use Policy.
    1. 23.1 Responsibility for Account Activity.You are responsible for all activities related to your account. PowerOne grants a limited, non-exclusive license to usernames and account/network information. Misuse of any product, Internet access, or Services may result in termination at PowerOne’s sole discretion. PowerOne is not required to provide Service to anyone for any reason.
    2. 23.2 Security.You are responsible for the security of all Services provided. You are responsible for actions taken by others who acquire your passwords or system access, with or without your knowledge.
    3. 23.3 Email Storage Limits.PowerOne may deny delivery of new email until storage is reduced below the maximum capacity.
    4. 23.4 Age Requirement.You must be 18 or older to maintain an account. Minors may use Services with express permission of a registered adult, who is responsible for the minor’s actions.
    5. 23.5 Financial Transactions; Passwords.You are responsible for financial transactions made between your account and third parties. Keep your password confidential and monitor account activity. Use caution when providing personal information to third-party vendors; PowerOne cannot protect against fraud/charges arising from third-party interactions.
    6. 23.6 Confidentiality of Product Information.All information regarding the design, operation, or characteristics of product furnished by PowerOne (except public-domain information) is confidential. Purchaser shall exercise reasonable care to prevent improper use.