Terms of service

These Terms of Service govern your use of the American Power website, store, products, memberships, promotions, campaigns, and related services. Throughout these Terms, “American Power,” “we,” “us,” and “our” refer to the operator of this store. By accessing our website, placing an order, enrolling in a membership, or participating in a promotion or campaign, you agree to these Terms and our incorporated policies.

1. Eligibility and Accounts

You must have the legal capacity to enter into a binding agreement or have authorization from a parent or legal guardian. You are responsible for providing accurate information and maintaining the security of your account. We may refuse, restrict, suspend, or terminate access when reasonably necessary to prevent fraud, abuse, unauthorized activity, or violations of these Terms.

2. Products, Prices, and Orders

Product descriptions, images, prices, promotions, and availability may change without notice. We attempt to present information accurately but may correct errors, cancel affected orders, or provide an appropriate refund when information is materially incorrect.

Submitting an order does not guarantee acceptance. We may decline or cancel orders because of product unavailability, payment problems, suspected fraud, promotional ineligibility, shipping restrictions, pricing errors, supplier limitations, or other lawful business reasons. If we cancel an order, we will refund the applicable amount paid for the canceled merchandise.

3. Membership and Automatic Renewal

American Power offers an automatically renewing membership providing benefits described at enrollment, which may include free standard shipping within the United States and discounts on eligible products.

Unless otherwise disclosed at enrollment, the membership begins with a three-day free trial and then renews automatically at $29.99 every 28 days until canceled. By enrolling, you authorize us and our payment providers to charge the payment method provided at the disclosed billing frequency.

Membership benefits, eligibility requirements, exclusions, prices, and renewal terms will be presented before enrollment. Benefits have no cash value and may not be transferred, resold, or combined with excluded promotions.

4. Membership Cancellation and Refunds

You may cancel through the Membership Portal or by emailing support@americanpowerfoundation.com. Cancellation stops future renewals. A cancellation during the free trial prevents the first paid membership charge.

Unless the current membership payment is refunded, cancellation takes effect at the end of the current paid billing term and benefits remain available through that term.

The single most recent successfully processed membership charge may be eligible for refund when a separate refund request is submitted within 30 days of that charge. Earlier billing periods are not included, even if another charge occurred during the preceding 30 days. Additional conditions and instructions are provided in our Return and Refund Policy.

Canceling a membership does not automatically request a refund. If the most recent membership payment is refunded, the membership and associated benefits will terminate.

5. Promotional and Member-Priced Products

Promotional products and membership-exclusive prices may require an active membership and may be subject to quantity, household, account, address, payment-method, or campaign-specific limitations.

A promotional or membership-priced order may be canceled if the associated membership is canceled or refunded before the order is released to fulfillment. Amounts paid specifically for a product canceled under this provision, including an applicable $1.99 promotional product price, will be refunded.

Once an order has entered fulfillment, a subsequent membership cancellation will not ordinarily stop its production or shipment. Additional return, cancellation, and refund conditions are stated in our Return and Refund Policy.

We may reject duplicate, automated, deceptive, fraudulent, or otherwise abusive promotional participation. Legitimate use of cancellation or refund rights will not, by itself, be treated as abuse.

6. Campaigns and Petitions

American Power may operate campaigns, surveys, petitions, quizzes, or issue-based promotions. Participation may be subject to separate terms disclosed on the applicable campaign page.

Unless expressly stated otherwise, American Power is a commercial business and is not a government agency, public authority, or tax-exempt charitable organization. Purchases, membership payments, and promotional charges are not charitable donations and are not represented as tax-deductible.

Campaign participation does not guarantee that a petition or response will be submitted to a government official, produce a particular outcome, or qualify the participant for a product unless specifically stated.

7. Payment

You agree to provide current and accurate payment and billing information. Payments are processed by Shopify and other authorized payment providers. We do not ordinarily receive or store complete payment-card numbers.

You remain responsible for applicable charges, taxes, and other amounts disclosed before completing the transaction. Unauthorized, duplicate, or erroneous charges should be reported promptly.

8. Shipping, Returns, and Fulfillment

We currently ship physical products only to eligible addresses within the United States. Fulfillment and delivery estimates are not guarantees and may be affected by production, carrier, inventory, supplier, weather, or address-related delays.

Shipping, returns, damaged products, order cancellations, promotional products, and refunds are governed by our Shipping Policy and Return and Refund Policy, which form part of these Terms.

9. Marketing Communications

When you separately consent to receive promotional email or text messages, we may send marketing communications in accordance with that consent and applicable law. You may unsubscribe using the instructions in the communication. Opting out of marketing does not prevent transactional communications concerning orders, memberships, security, or customer service.

10. Intellectual Property

The American Power name, website design, graphics, original text, logos, campaign materials, and other original content are owned by or licensed to American Power and are protected by applicable intellectual-property laws.

You may use the website only for lawful personal shopping and participation. You may not reproduce, distribute, scrape, republish, exploit, or create derivative commercial materials from our content without permission.

11. Prohibited Conduct

You may not use the Services to violate applicable law, commit fraud, interfere with website security, submit false information, impersonate another person, distribute harmful code, abuse promotions, access another customer’s account, scrape the website through unauthorized automated means, or infringe the rights of American Power or any third party.

12. Third-Party Services and Links

Our Services may use or link to third-party platforms, including Shopify, payment processors, membership providers, fulfillment providers, carriers, advertising platforms, and social networks. Their services may be governed by separate terms and privacy policies. We are not responsible for independent third-party websites or services outside our reasonable control.

13. Privacy

Our collection and use of personal information are described in our Privacy Policy. By using the Services, you acknowledge that information may be processed by Shopify and other service providers needed to operate the store, process payments, manage memberships, fulfill orders, provide customer support, prevent fraud, and perform other disclosed functions.

14. Disclaimer and Limitation of Liability

To the fullest extent permitted by law, the Services are provided on an “as available” basis. We do not guarantee that the website will always be uninterrupted, error-free, or available.

To the fullest extent permitted by law, American Power will not be liable for indirect, incidental, special, punitive, or consequential damages arising from use of the Services. Our aggregate liability relating to a transaction will not exceed the amount paid to American Power for the transaction giving rise to the claim.

Nothing in these Terms excludes liability or consumer rights that cannot lawfully be excluded or limited.

15. Indemnification

To the extent permitted by law, you agree to indemnify and hold American Power harmless from third-party claims, losses, or reasonable expenses resulting from your unlawful use of the Services, violation of these Terms, fraud, or infringement of another person’s rights.

16. Changes and Termination

We may update the Services, memberships, benefits, or these Terms prospectively. Material changes affecting an existing automatically renewing membership will be communicated when required by law. Changes will not retroactively remove rights that already arose under applicable law.

We may suspend or terminate access for fraud, abuse, nonpayment, unlawful conduct, or material violation of these Terms. Termination does not eliminate obligations or rights that arose before termination.

17. Informal Dispute Resolution and Individual Arbitration

Before commencing arbitration or an action seeking monetary relief, the customer must provide American Power with a written Notice of Dispute at support@americanpowerfoundation.com. The notice must include the customer’s name, email address, order or membership number, a description of the dispute, and the requested resolution. American Power and the customer will have 30 days after receipt of a complete notice to attempt to resolve the dispute in good faith.

If the dispute is not resolved, it shall be determined through individual binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration will ordinarily be conducted remotely through written submissions, telephone, or videoconference. The Federal Arbitration Act governs this arbitration agreement.

To the fullest extent permitted by law, each party may bring claims only in its individual capacity and not as a plaintiff, class member, or representative in any class, collective, consolidated, or representative proceeding. The arbitrator may award all remedies available in an individual action under applicable law, including any legally available injunctive relief.

This section does not prevent either party from bringing an eligible individual claim in small claims court, contacting a government agency, disputing a payment through a payment provider, or exercising any right that cannot lawfully be waived. These Terms are otherwise governed by applicable federal law and California law.

Any dispute may be brought in a court having lawful jurisdiction. Nothing in these Terms limits access to small claims court or any consumer right that cannot lawfully be waived.

18. General Provisions

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect. Our failure to enforce a provision is not a waiver of that provision. These Terms, together with the policies incorporated into them, constitute the agreement governing the Services.