Empowered Global, Inc. (``empoweredglobalinc.com``) Website Terms and Conditions

Acceptance

I, we, (hereinafter “you” or “your”) acknowledge that by signing this agreement on the previous page, you understand and agree with Empowered Global, Inc. (hereinafter “company”) as to all of the Terms and Conditions contained herein. This Agreement is expressly limited to and made conditional upon your acceptance of its terms and conditions. Any of terms and conditions which are in addition to or different from those contained herein which are not separately agreed to in writing are deemed material and are hereby objected to and rejected, otherwise, you hereby waive your objection to any terms and conditions, and you shall be deemed to have assented to all terms and conditions contained herein if any part of the products or work described herein are provided or performed. You agree and accept that performing electrical repairs, replacements or installations, on in or behind ceilings, walls, floors, flooring tile, wood, stone, attics, countertops, landscaping, turf, driveways, walkways, patios, slabs, poles, awnings, furniture and finishes such as paint, texturing, wallpaper, cloth wall coverings, wood, glass, metal, formica and mirrors can and may cause damage to the furniture and or furnishings. You understand that reasonable protection of the surfaces, furniture and furnishings is your responsibility and that any repairs requested on the above mentioned items will be covered by you at your expense. You may not assign this Agreement or any claim against company relating to this agreement. This agreement shall be construed, interpreted and the rights of the parties determined in accordance with the laws of the State of Florida.

Prices, Terms, and Shipment

You agree that title to all materials under this Agreement shall not transfer to you until company receives payment in full. Further, you agree that there shall be no cash discounts, back charges, escrows, retention, withholdings, set-offs or counterclaims allowed unless specifically agreed to by company in writing. You agree that if your check does not clear or is posted as non-sufficient funds, then you are liable for the amount of the check plus a thirty-five dollars ($35.00) bank fee payable to company. Further, you agree that any payments not received within three (3) days shall be considered a past due payment, and shall be subject to a late charge equal to interest at 18% per annum. In addition to the prices specified, you agree to pay any federal, state or local excise, use, occupational, or similar tax now in force or to be enacted in the future, assessed against company, or you, by reason of this transaction. Company may charge you a fee and its actual expenses if the job site is not ready for work on the date you specify. You acknowledge that the prices stated are based on the enforceability of these terms and conditions, and on the Limited Warranty, Limitation of Remedies and Limitation of Actions and Liability provisions below, that the price would be substantially higher if company could not limit its liability as herein provided, and that you accept these provisions in exchange for such lower prices.

Your Responsibilities

You represent and warrant to company that you have full power and authority to enter into this agreement and to make improvements and/or repairs to the property. Further, you represent that electrical systems are in good repair and condition and agree to hold company harmless, save, defend, and indemnify, any pre-existing conditions including but not limited to, improper or faulty wiring, damaged wiring, faulty grounding, damaged underground wiring, existing illegal conditions, and defective devices. You agree to remove or to protect any and all of your personal property whether located, inside or outside, including, but not limited to, carpets, rugs, electronics, appliances, furniture, furnishings, flooring, woodwork, window coverings, shrubs, plantings, curbs, sidewalks, driveways, garages, patios, lawns, sprinkler systems, and other appurtenances to the residence, and further agrees that company shall not be responsible for the consequences of company’s work which may cause damage to said items. You are required, at your expense, to do all work and other acts to meet all conditions necessary to allow company to complete work as provided in this agreement. Company shall not be held responsible for damage to personal property, real property, or any improvements to real property, caused by persons delivering materials or equipment or keeping gates and doors closed for children and animals. Company assumes responsibility and warranties only those materials furnished and installed by company. Any defect or problem with materials furnished by you, are your responsibility and should be resolved with the manufacturer or the firm where the material was purchased. Company assumes no liability for any damage caused by your furnished materials. Any time associated with time spent determining that a problem exists with, or any time spent repairing material furnished by you, will be charged to you at company’s task rates for that particular repair and/or installation.

Limited Warranty

All work performed by company is warranted to be free from defects in material and workmanship for Ninety (90) days from the date of completion of the installation subject to the terms below. Company makes no warranties regarding products sold but assigns to you any manufacturer warranties relating to the products. THIS EXPRESS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This limited warranty does not cover damages relating to (a) accident, misuse, abuse, neglect, or normal wear and tear (b) failure to use or maintain the product in accordance with manufacturer’s instructions; and (c) alteration, repair or attempted repair by anyone other than company or its authorized representative. You shall be solely responsible for the correctness of the plans and specifications and shall release and hold harmless company from any damages resulting from improper, inadequate or vague information supplied by you. Company does not take on any obligation to inspect or evaluate the work of other parties in any manner or aspect. This warranty is not transferable.

Limitations of Remedies

Your sole and exclusive remedy against company for any and all claims for damages arising out of or alleged to have arisen out the Work will be limited to, at company’s option, the repair or replacement by company of any nonconforming work, or to the issuance of a credit for such nonconforming work in accordance with these terms and conditions; provided that company is given a reasonable opportunity to inspect the work and confirms such nonconformity. This exclusive remedy shall not be deemed to have failed of its essential purpose so long as company is willing and able to repair or replace the nonconforming work and, in any event, company’s maximum liability for any damages shall be limited to the total amount paid to company for the Work under this Agreement, and in no case will include any incidental damages of any kind, or will any liability be assumed for any legal representation. This Limitation of Remedies clause shall apply to the parties to this agreement as well as to its/ their respective successors and assigns. If you receive or have a claim for damages arising out of or alleged to have arisen out of the Work, you agree to give written notice to company of the claim and provide company an opportunity to inspect the alleged damages within thirty (30) days after company’s receipt of the notice. If you fail to give the required notice and/or fail to allow company an opportunity to inspect the allege damages within 30 days, you hereby waive any and all rights for damages and/or correction of work against company. These Limitations of Remedies may be pleaded as a complete bar to any action in violation of this clause.

Limitations on Actions and Liability

All claims and/or lawsuits including but not limited to claims or lawsuits for indemnity and/or contribution against company arising under this agreement must be made within ninety (90) days from the date of completion of the installation. COMPANY WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY RESULTING FROM DELAY IN DELIVERY OF THE PRODUCTS OR FOR ANY FAILURE TO PERFORM THAT IS DUE TO CIRCUMSTANCES BEYOND ITS CONTROL. THE MAXIMUM LIABILITY, IF ANY, OF COMPANY FOR ALI, DAMAGES, INCLUDING WITHOUT LIMITATION CONTRACT DAMAGES AND DAMAGES FOR INJURIES TO PERSONS OR PROPERTY, WHETHER ARISING FROM COMPANY’S BREACH OF THIS AGREEMENT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT WITH RESPECT TO THE PRODUCTS, OR ANY SERVICES IN CONNECTION WITH THE PRODUCTS, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE CONTRACT PRICE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, LIQUIDATED, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES AND PROFITS, ATTORNEYS FEES AND/OR COSTS EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE RIGHT TO RECOVER DAMAGES WITHIN THE LIMITATIONS SPECIFIED IS YOUR EXCLUSIVE REMEDY IN THE EVENT THAT ANY OTHER CONTRACTUAL REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Force Majeure

Company shall not be liable for any delay, failures, or default in performance of this agreement or otherwise, in whole or in part, caused by the occurrence of any contingency beyond the control either of company, or of suppliers to the company. Such contingencies include, but are not limited to, failure or delay in transportation, acts of any government or any agency or subdivision thereof, judicial action, labor disputes, fire, accident, acts of nature, severe weather, product allocation or shortages, labor shortages, fuel shortages, raw material shortages, machinery or technical failure, or work that cannot be completed because of another company covering the pertinent portion of the property. If any contingency occurs, company may allocate production, deliveries, and performance of work among its customers or substitute substantially similar materials, in its sole discretion, without liability for doing so.

Cancellation

This agreement, or any part of it, may only be canceled with company’s written approval. In the event of cancellation of this agreement, or any part hereof, you shall pay: (a) the contract price of all completed items; (b) that portion of the contract price that is equal to the degree of completion of products or work in process, effective on the date company receives notice of cancellation (c) the cost of any materials and supplies which company shall have purchased to perform and which cannot be readily resold or used for other or similar purposes; (d) a restocking fee; and (e) any expenses incurred by company, including legal fees and judgements, as a result of the cancellations of subcontracts or purchases related to this agreement.

Default

You may terminate this agreement for company’s default, wholly or in part, by giving company written notice of termination as follows. You may give a written notice of termination only if company has received a written notice from you specifying such default, the default is not excusable under any provision hereof, and the default has not been remedied within thirty (30) days (or such longer period as maybe reasonable under the circumstances) after company’s receipt of the notice of default. Delivery of nonconforming products or work by company shall give you the rights set forth in paragraph 4 hereof but shall not be deemed a default for purposes of termination. In the event of termination of default, you shall be relieved of the obligation to pay for work not performed by Company prior to the effective date of such termination. A default on company’s part shall not subject company to liability, through payment by company, set offeror otherwise, for any other damages, whether direct, consequential or incidental, and whether sought under theories of contract.

Disputes and Mandatory Mediation

In the event of any claim or dispute between the parties hereunder, the parties shall attempt to amicably resolve such claim or dispute through mediation and then binding arbitration. In any mediation or arbitration claim arising out of or relating to this Agreement, or breach thereof, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs from the non-prevailing party. The law of the State of Florida shall govern this Agreement and venue shall lie in Lee County, Florida to the exclusion of any other venue.

Severability and Entire Agreement

If any provision on this agreement is not enforceable, that provision shall be effective only to the extent permitted by law and all other provisions of this Agreement shall remain. This instrument contains the entire agreement of the parties relating to the subject matter hereof and may only be waived, changed, modified; extended or discharged orally by a writing signed by the party against whom enforcement of any such waiver, change, modification, extension or discharge is sought. The terms and conditions of this agreement supersede any agreement to which it is attached.

Indemnity

Each of the parties to this agreement agrees to defend and indemnify one another from any and all claims, actions and/or lawsuits caused by the patty’s negligent acts or omissions. This indemnity clause and the obligations created herein shall control and take priority over any contrary indemnity agreement entered into prior to this agreement. Furthermore, this indemnity clause and the obligations created herein shall control and take priority over any contrary indemnity agreement entered into subsequent to this agreement unless the subsequent agreement specifically refers to this indemnity clause and declares it null and void.