DigiPowers Inc. (collectively "us" or "we"), is the operator and host of the www.digipowers.com website (the "Site"). This document sets forth the terms and conditions ("Terms and Conditions") governing your use of the Site and our privacy policy (the "Policy"). The Terms and Conditions and Policy apply only to this Site and do not apply to websites that are linked to the Site. For access to the terms and conditions or privacy policies of linked websites, please refer to the home pages of such websites. The Terms and Conditions and Policy are subject to change at any time by us by posting them on the Site. It is your obligation to review the Terms and Conditions and Policy from time to time. Any changes to the Terms and Conditions or Policy will be effective immediately upon posting to the Site.

Your use of the Site indicates your acceptance of these Terms and Conditions and the Policy. If you do not accept these Terms and Conditions or the Policy, you may not use the Site. Your continued use of the Site will constitute your agreement to the most current version of these Terms and Conditions and the Policy. If at any time you do not agree to these Terms and Conditions or the Policy, you must cease your use of this Site. If after reviewing the Terms and Conditions and Policy you have any questions or concerns regarding the contents thereof, please contact us by sending an email to privacy@digipowers.com

PRIVACY POLICY

We are committed to protecting your privacy and the security of all data on the Site. To demonstrate this commitment, we have adopted this Policy. This Policy is based on the principles of notice/awareness, choice/consent, access/participation and integrity/security in the collection and use of all information regarding our users and their activities on the Site.

I. NOTICE OF OUR POLICY

This Policy notifies you of, among other things: (i) what information we gather from you, (ii) how we may use or disclose that information, (iii) with whom the information may be shared, (iv) what choices are available to you regarding collection, use and distribution of the information, (v) our efforts to protect the information, and (vi) how you can correct any inaccuracies in the information you provide to us.

II. WHAT TYPES OF INFORMATION ARE COLLECTED AND WHY

We encourage you to register as a member of our site to take advantage of many of the personalization features. However, if you choose not to register, you can use any feature on our site that doesn't require registration.

If you do not register, the information we collect from you is limited. We log your IP address to diagnose problems with our server, administer our Web site and track usage statistics. Your IP address may vary each time you visit, or it may be the same, depending on how you access our site. Either way, it would be extremely difficult for us to identify you through your IP address, and we make no attempt to do so. If you reached our site by clicking on a link or advertisement on another site, then we also log that information. This helps us to maximize our Internet exposure, and to understand the interests of our users. All of this information is collected and used only in the aggregate; that is, it is entered into our database, where we can use it to generate overall reports on our visitors, but not reports about individual visitors. Your IP address will also enable us to estimate your zip code so we can approximate shipping and tax information within your search results.

a. Information submitted by you

At times, we may ask you to provide information about yourself in order to better serve you. For example, some of the information collected may include name, title, address, phone number, email address, and personal information concerning your interests, occupation, gender and other demographic information. We do not require this information to obtain access to any area of our Site, however, you are required to create a new account or login as a registered user prior to ordering any products on our Site. If you wish to correct or remove your account information please follow the procedures set forth below in the section titled "Can I Update or Remove My Account Information?"

b. Information collected by Cookies

We also place a small file known as a "cookie" on your computer's hard drive. A cookie may contain information that allows us to track your path through our Web site and to determine whether you have visited us before. We make use of website “cookies” to help you use our services more easily and to help us continuously improve our Site and our service to you. A "cookie" is a small data file that a website can send to your browser, which may then be stored on your computer to help our Site "remember" information about you to make it easier and more efficient to use our Site. Our Site employs session cookies. A session cookie does not remain on your computer after you close your web browser window. Our session cookies contain none of your personal information and cannot be used to track you around the internet. Our session cookies can only be used by this Site and they only exist for the duration of your visit. Depending on the settings in your browser, you may have the option to deny the session cookie; however, doing so may negatively impact upon the performance of the Site or restrict us in better serving your needs and interests.

Unless you register with us, the “cookie” is not associated with personal information that would allow us to identify you. Cookies cannot be used to read data off of your hard drive and cannot retrieve information from any other cookies created by other Web sites. We use cookies in this manner to help us understand how visitors use our site and to help us to improve our site. You may refuse to accept a cookie from us by following the procedures specific to your Web browser. Although you may do so, you may find that your browser reacts strangely when visiting not only our Web site, but other Web sites as well. Since cookies don't provide us with any information from which we can identify you, we suggest you allow us to place one on your computer. The "help" portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.

We also place “Web beacons” (also known as “clear gifs”) on many of our Web pages. Web beacons recognize a visitor’s cookie information and therefore gathers the information that allows us to understand how visitors use our site.

c. Policy on Information from Persons under the Age of 18

We do not seek to collect personally identifiable information from persons under the age of 18. If you are under the age of 18, please do not submit any personally identifiable information to us. If you are the parent or guardian of a person under the age of 18 who has provided personally identifiable information to us, please inform us by contacting us at the email address or telephone number listed above and we will remove such information from our database. If you are concerned about your children's use of the Site, you may use web filtering technology to supervise or limit access to the Site.

HOW WE USE THE INFORMATION WE COLLECT

As we mentioned above, we collect personal information only from our members. Becoming a DigiPowers.com member allows you to personalize our Web site so that it is most useful to you. It also allows you to log into our site automatically each time you visit, rather than manually typing your user name and password at each visit. We may also use this information to periodically contact you with DigiPowers news or important information or to request your feedback on our site. In addition to these periodic updates, we may email you additional materials, but only if you specifically request them. These might include opt-in newsletters and other materials that you proactively request.

a. User Identification

We may retain this information on a secure server so that on re-visiting our Site, you will not need to re-enter that information. We may use this information in an aggregated form to measure number of visits, average time spent on the Site, pages viewed, and other relevant statistics. We collect this information to measure the use of our Site and to improve the content of our Site.

b. Contacting You Concerning Promotions and New Products

We may request you to "opt-in" to receive certain communications from the Site. We will not send unsolicited messages to you concerning promotions or new products or other marketing material unless you have opted-in. If, after you have opted-in, you no longer wish to receive such communications from us please follow the procedures set forth below in the section titled "How Can I "Opt-out" of Receiving e-mail Communications." Please note that your request to stop receiving these communications may not prevent us from sending such messages that were generated prior to the time we were able to process your request.

c. Use of Your Information

At times, we may request you to provide personally identifiable information, including name, address, credit/debit card numbers and other billing information, to identify you as a user of the Site and to assist and speed the completion of transactions on the Site and/or with our third party marketing partners. We may also use information collected about your preferences and activities at the Site, such as the particular pages you request at the Site and purchases or other transactions you effect through the Site. We may vary the content you receive in future visits to the Site based on your preferences and activities.

Policy Information from Persons under the Age of 18

We do not seek to collect personally identifiable information from persons under the age of 18. If you are under the age of 18, please do not submit any personally identifiable information to us. If you are the parent or guardian of a person under the age of 18 who has provided personally identifiable information to us, please inform us by contacting us at the email address or telephone number listed above and we will remove such information from our database. If you are concerned about your children's use of the Site, you may use web filtering technology to supervise or limit access to the Site.

Is The Personal Information We Collect Shared With Third Parties?

DigiPowers  does not sell or rent any personal information to any third party except for DigiPowers, Inc. licenses for marketing purposes. We may aggregate personal information from all of our users and provide that information in the aggregate to other parties, including advertisers, for marketing purposes. However, if we do so, that information will not be in a form that will allow any third party to identify any user personally.  DigiPowers may transfer the personal information it collects to its successors-in-interest, such as a company that acquires DigiPowers.  DigiPowers may also disclose personal information about a user if it determines that an applicable law, regulation or legal process requires it, or if DigiPowers determines that it needs to share such information to protect or enforce DigiPowers's rights or the rights of another user.

d. Disclosure of Your Information

We will not disclose your personally identifiable information to any persons or entities outside of our company, nor lease, license, sublicense, rent, transfer, disclose, disseminate or otherwise grant access to such information unless:

(i) You have been given an opportunity to "opt-in" and have agreed to so opt-in to such disclosure of your information;

(ii) We must share your information in order to provide a product or service that you have ordered or requested from us, in which case we will require that any third person or entity we use to fulfill your order agrees that it does not have the right to use your information other than to fulfill your order or request; or

(iii) We are required to respond to subpoena, court orders or other requirement of law which requires disclosure of your information.

(iv) You have otherwise consented to provide your information to such persons or entities.

e. Disclosure of Aggregate Information

We may combine your personally identifying information and information about your preferences and activities, with those of all or a particular group of our users to prepare collective profiles of our users and their activities for our internal use. For example, we may track the number of our users who view certain pages or use certain features or compile the total dollar amount of sales conducted through the Site in a particular geographic region or to track purchasing trends. Such information, and other information we derive from individual users' information, allows us to continue to grow and provide you with quality information through more accurate marketing and advertising of the Site. We may share aggregated information concerning our users, without attribution of personal information, to other companies with whom we conduct business.

f. How Can I "Opt-out" of Receiving e-mail Communications?

We permit you to opt-out of receiving certain communications from the Site. We will not send unsolicited messages to you if you indicate that you do not wish to receive such messages. If you do not wish to receive unsolicited email messages from us, please access the "mailing preferences” section of the Site and adjust your mailing preferences from the "yes" to the "no" option. If you do not want your personal information used as otherwise detailed in this Privacy Policy, then you must not use the Site.

g. Can I Update or Remove My Account Information?

After you have registered for membership on the Site, you may review, revise or request the removal of your account information at any time. There are three ways in which you can review, revise or request the removal of your account information at any time: (i) access the "My Account" section of the Site and proceed as prompted.

What Else Should A User Know About Our Privacy Practices?

a. Security

We maintain security measures in place in order to attempt to protect against the loss, misuse and alteration of the personally identifiable information under our control.  No method of transmission over the Internet, or method of electronic storage, is 100 percent secure, however. Therefore, while we strive to use commercially acceptable means to protect your information, please be advised that DigiPowers assumes no responsibility or liability for disclosure of your information (personal or otherwise) due to errors in transmission, unauthorized third-party access or other causes beyond DigiPowers’s control.

b. DigiPowers.com’s Security Providers

DigiPowers works with reputable companies to provide services to our Web site and to our users. The information that each of these companies collect about users of our Web site is governed by its privacy policy, and is not within the control of DigiPowers. We encourage you to review the privacy policies of our service providers, to ensure that you are comfortable with their practices

c. Disclosures of information in Public Areas

If you voluntarily disclose personal information in a contribution that is posted on our Web site, that information may be collected and used by a third party to send you unsolicited messages, advertisements or for other purposes. DigiPowers does not control the actions of users of our Web site. If you disclose personal information in a public area, you do so at your own risk.  In addition, we reserve the right to terminate the account of any DigiPowers member who uses our Web site in a manner inconsistent with the Terms and Conditions.

d. Collection of Information From Minors

Our Web site is directed to and intended for use by adults only. We require that a user be eighteen years of age or older to become a DigiPowers member (and in doing so, to submit personal information). We do not knowingly collect personally identifiable information from children under the age of thirteen. If we become aware that we have inadvertently received personally identifiable information from a user under the age of thirteen, we will delete such information from our records.

WHAT WE DO TO KEEP THIS SITE SECURE

a. Security

We employ procedural and technical safeguards to secure your personal information against loss, theft, alteration, and unauthorized access, use and disclosure. Any information you enter on our accounts setup page is encrypted before transmission to our server by using 128-bit Secure Sockets Layer encryption software. You can safely enter your credit card and personal registration information and it cannot be read in transit to our server. We also employ many security procedures to protect your information from unauthorized access by users inside and outside the company.

Regardless of the precautions taken by us we cannot ensure or warrant the security of any information you transmit to us, and you transmit such information at your own risk.

What You Can Do To Protect Your Information?

(i) Use only secure websites when disclosing your information. Secure pages begin with "https".

(ii) Avoid using easy to figure out access and personal ID (PIN) codes.

(iii) Never respond to unsolicited requests for your social security number or financial information.

(iv) Do not disclose your passwords to the Site or your account information to any other person.

(v) Be sure to sign off when finished using a shared computer.

b. Hypertext Links

Our Site may contain "links" to other websites, and we cannot and are not responsible for maintaining your privacy once you leave our Site. We attempt to only link to websites that share our high standards and respect for privacy. If you provide any information to parties who operate websites that are linked to or from this Site, different rules may apply to their collection, use or disclosure of your personal information. We encourage you to review other websites' policies before revealing any sensitive or personal information. Under no circumstances shall we have any liability whatsoever for the activities conducted by or at any website accessed from or through the Site.

GENERAL

I. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF US TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS OFFERED ON THE WEBSITE OR U.S. $100.00.

II. MISCELLANEOUS
The Terms and Conditions and Policy are governed by the internal substantive laws of the State of New Jersey in the United States, without regard to its conflict of laws principles. Jurisdiction for any claims arising under or out of the Terms and Conditions or Policy shall lie exclusively with the state and federal courts within the State of New Jersey. If any provision of the Terms and Conditions or Policy is found to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. Our failure to enforce any term or condition of the Terms and Conditions shall not be deemed a waiver thereof and shall not prevent its later enforcement.