Welcome to the Plus 3 Network, Inc
Member Marketplace Web Site ("Site").
PLEASE
READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
WEBSITE. All users of this Site agree that access to and use of this Site are
subject to the following terms and conditions and other applicable law.
General
We
reserve the right, at our sole discretion, to change, modify, add, or delete
portions of these Terms of Use at any time without further notice.If we do this, we will indicate at the
top of this page the date these terms were last revised. Your use of our Site
following any such change constitutes your agreement to follow and be bound by
the terms as changed. If you do not agree to abide by these or any future Terms
of Use, do not use or access (or continue to use or access) the Site. It is
your responsibility to regularly check the Site to determine if there have been
changes to these Terms of Use and to review such changes. By accessing this
Site, you accept, without limitation or qualification, the following Terms of
Use. If you do NOT accept the Terms of Use, then please discontinue your use of
this Site.
We may, at our own
discretion, limit or cancel quantities purchased per person, per household or
per order. We may also reserve the right to refuse any order you place with us.
These restrictions may include orders placed by or under the same customer
account, the same credit card, and/or orders that use the same billing and/or
shipping address. In the event we make a change to an order, we will attempt to
notify you by contacting the e-mail and/or billing address / phone number
provided at the time the order was made. We reserve the right to limit or prohibit
sales to dealers, resellers or distributors. We do not track or fulfill
backorders.If an item you order
is not in stock at the time of order, please check with us occasionally to see
if our stock has replenished.
Copyright
The entire content included in this Site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States
and other copyright laws, and is the property of Plus 3 Network. The collective
work includes works that are licensed to Plus 3 Network.ALL RIGHTS RESERVED. Permission is
granted to electronically copy and print hard copy portions of this Site for
the sole purpose of placing an order with Plus 3 Network or purchasing Plus 3
Network products. You may display and, subject to any expressly stated
restrictions or limitations relating to specific material, download or print
portions of the material from the different areas of the Site solely for your
own non-commercial use, or to place an order with Plus 3 Network or to purchase
Plus 3 Network products. Any other use, including but not limited to the
reproduction, distribution, display or transmission of the content of this Site
is strictly prohibited, unless authorized by Plus 3 Network. You further agree
not to change or delete any proprietary notices from materials downloaded from
the Site.
Trademarks
All trademarks, service marks and trade names of Plus 3 Network used in the
Site are trademarks or registered trademarks of Plus 3 Network.
Warranty Disclaimer
THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PLUS 3 NETWORK DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. Plus 3 Network does not represent or warrant that the
functions contained in the Site will be uninterrupted or error-free, that the
defects will be corrected, or that this Site or the server that makes the Site
available are free of viruses or other harmful components. Plus 3 Network does
not make any warrantees or representations regarding the use of the materials
in this Site in terms of their correctness, accuracy, adequacy, usefulness,
timeliness, reliability or otherwise. Some states do not permit limitations or
exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL
PLUS 3 BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS,
ARISING FROM YOUR USE, OR INABILITY TO USE, THE SITE OR PRODUCTS OR FOR THE
PERFORMANCE OF THE PRODUCTS, EVEN IF PLUS 3 HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
PLUS 3'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU
TO PLUS 3 FOR THE PRODUCT(S) AT ISSUE.Applicable law may not allow the limitation of exclusion of liability or
incidental or consequential damages, so the above limitation or exclusion may
not apply to you.
Typographical Errors
In the event that a Plus 3 Network product is mistakenly listed at an incorrect
price, Plus 3 Network reserves the right to refuse or cancel any orders placed
for product listed at the incorrect price. Plus 3 Network reserves the right to
refuse or cancel any such orders whether or not the order has been confirmed
and your credit card charged. If your credit card has already been charged for
the purchase and your order is cancelled, Plus 3 Network shall issue a credit
to your credit card account in the amount of the incorrect price.
Notices and Communication
Plus 3 Network may deliver notice to you by means of e-mail, a general notice
on the Site, or by other reliable method to the address you have provided to
Plus 3 Network.
User Comments, Feedback, Postcards and other Submissions
All comments,
feedback, postcards, suggestions, ideas, and other submissions disclosed,
submitted or offered to Plus 3 Network on or by this Site or otherwise
disclosed, submitted or offered in connection with your use of this Site
(collectively, "Comments") shall be and remain Plus 3 Network’s
property. Such disclosure, submission or offer of any Comments shall constitute
an assignment to Plus 3 Network of all worldwide rights, titles and interests
in all copyrights and other intellectual properties in the Comments. Thus, Plus
3 Network will own exclusively all such rights, titles and interests and shall
not be limited in any way in its use, commercial or otherwise, of any Comments.
Plus 3 Network is and shall be under no obligation (1) to maintain any Comments
in confidence; (2) to pay to user any compensation for any Comments; or (3) to
respond to any user Comments. You agree that no Comments submitted by you to
the Site will violate any right of any third party, including copyright,
trademark, privacy or other personal or proprietary right(s). You further agree
that no Comments submitted by you to the Site will be or contain libelous or
otherwise unlawful, abusive or obscene material. You are and shall remain
solely responsible for the content of any Comments you make.
Term; Termination
These terms and conditions are applicable to you upon your accessing the Site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Plus 3 Network without
notice at any time, for any reason. The provisions relating to Copyrights,
Trademarks, Warranty Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Miscellaneous
Your use of this Site shall be governed in all respects by the laws of the
state of California, U.S.A., without regard to choice of law provisions, and
not by the 1980 U.N. Convention on contracts for the international sale of
goods. You agree that jurisdiction over and venue in any legal proceeding
directly or indirectly arising out of or relating to this Site (including but
not limited to the purchase of Plus 3 Network products) shall be in the state
or federal courts located in San Mateo County, California. Any cause of action
or claim you may have with respect to the Site (including but not limited to
the purchase of Plus 3 Network products) must be commenced within one (1) year
after the claim or cause of action arises. Plus 3 Network's failure to insist
upon or enforce strict performance of any provision of these terms and
conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall act
to modify any of these terms and conditions. Plus 3 Network may assign its
rights and duties under this Agreement to any party at any time without notice
to you.
Use of Site
Harassment in any manner or form on the Site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a Plus 3 Network or other licensed employee, host, or
representative, as well as other members or visitors on the Site is prohibited.
You may not upload to, distribute, or otherwise publish through the Site any
content which is libelous, defamatory, obscene, threatening, invasive of
privacy or publicity rights, abusive, illegal, or otherwise objectionable which
may constitute or encourage a criminal offense, violate the rights of any party
or which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the Site or use the Site to solicit others to join
or become members of any other commercial online service or other organization.
Participation Disclaimer
Plus 3 Network does not and cannot review all communications and materials
posted to or created by users accessing the Site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the Site, Plus 3 Network is merely acting as a
passive conduit for such distribution and is not undertaking any obligation or
liability relating to any contents or activities on the Site. However, Plus 3
Network reserves the right to block or remove communications or materials that
it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to Plus 3 Network in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Plus 3 Network, its officers,
directors, employees, agents, licensors and suppliers (collectively the
"Service Providers") from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from any violation
of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
the Site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Plus 3 Network may
link to sites operated by third parties. However, even if the third party is
affiliated with Plus 3 Network, Plus 3 Network has no control over these linked
sites, all of which have separate privacy and data collection practices,
independent of Plus 3 Network. These linked sites are only for your convenience
and therefore you access them at your own risk. Nonetheless, Plus 3 Network
seeks to protect the integrity of its Site and the links placed upon it and
therefore requests any feedback on not only its own Site, but for sites it
links to as well (including if a specific link does not work).
Questions: Please email us at [email protected]so we can respond quickly and
accurately to your needs; or call 1-866-249-6284
