Effective
Date: January 01, 2006.
Welcome to the Plus3Inches.com web site (hereinafter
"Site"). The following terms and conditions and any other policies, notices,
rules or guidelines posted on the Site shall govern your use of the Site.
Because these Terms and Conditions contain legal obligations, please read
them carefully.
1. YOUR
AGREEMENT
By using this Site, you agree to be bound by, and to comply with, these
Terms and Conditions, unless you offer different terms that are accepted in
writing by the Site. You also agree to comply with any guidelines or rules posted
on this site and all such guidelines and rules posted are hereby
incorporated by reference into these Terms and Conditions. If you are
dissatisfied with this Site, its content or Terms and Conditions or other
legal notices, you agree that your sole and exclusive remedy is to
discontinue using this Site.
PLEASE
NOTE:
We reserve the right, at our sole discretion, to change, modify or otherwise
alter these Terms and Conditions at any time. Unless otherwise indicated,
amendments will become effective immediately. Please review these Terms and
Conditions periodically. Your continued use of the Site following the
posting of changes and/or modifications will constitute your acceptance of
the revised Terms and Conditions and the reasonableness of these standards
for notice of changes unless you offer different terms that are accepted by
Site. For your information, this page was last updated as of the date at the
top of these terms and conditions. You can obtain a printed copy of the most
current Terms and Conditions by writing to us at the email address set forth
in the notice provision below.
2. LIABILITY
We shall have no Liability to you for any physical damage inflicted upon you
through using the advice, recommendations or suggestions of the Site. You use the
Site, its advice, its recommendations and its suggestions
at your own risk. The information
contained in this Site is not a substitute for professional medical advice.
This Site / program is not intended to prevent or treat any disease.
The Site and its agents, employees, companies under the same ownership or
associates will not be held liable for any damage either emotional of
physical brought on by your use of the Site.
3. CHILDREN
We will not accept use or membership from anyone under the age of 18 years.
By using the Site, You confirm that you are aged 18 years or
over.
4. MEMBERSHIP
You must keep this user name and password safe and secure as You are
responsible for any actions committed using this user name. If it
comes to Our attention that the security of Your username or password have
been compromised, We reserve the right to close Your account with no notice.
5.
TERMINATION AND CANCELLATION.
Site may - at its sole discretion and for any reason or no reason at all -
terminate any account and deny any reward without prior notice for (a) any
violation of any provision of this Agreement; (b) aiding in or promoting
circumvention of the Site's program; (c) acting against the
business interests or reputation of Site; (d) otherwise acting unlawfully in
relationship to Site, the Site or its program; (e) inactivity (defined as
little or no use of the Site) for a continuous
six-month period; (f) Site's reasonable suspicion of any of the activity
listed in 4(a)-(d); or (g) any other reason at the discretion of Site. If your
account is terminated, you may not re-enroll or join under a new account
without Site's prior written authorization. You may cancel Your Membership at
anytime by sending an e-mail to
info@plus3inches.com. If you decide to cancel your membership
and later wish to re-enroll, you will not receive credit for any activity
under your prior account. In addition to the above,
the
Site may - at its sole
discretion and for any reason or no reason at all - terminate any account at any
time. If your account is terminated, you may not re-enroll or join under a new
account without the Site’s prior written authorization.
6. USER
CONDUCT
(a) Any
conduct by you that in our sole discretion restricts or inhibits any other
user from using or enjoying the Site (or any linked site) will not be
permitted. You agree not to access or attempt to access the non-public areas
of the Site or any other user's information or impersonate any person or
entity or otherwise falsely state or misrepresent your affiliation with a
person or entity.
(b) You
agree that your data, content, and any information provided or used on Site,
as well as your use of our Site, Products and Services will not infringe or
facilitate infringement on any copyright, patent, trademark, trade secret,
or other proprietary, publicity, or privacy rights (collectively "Rights")
of any party, including the Rights of third-parties; or contain or promote
any viruses, Trojan horses, worms, time bombs or other computer programming
or code that is designed or intended to damage, destroy, intercept,
download, interfere, manipulate, or otherwise interrupt or expropriate the
Site, data, personal information, software, equipment, servers or content or
facilitate or promote hacking or similar conduct. You also agree not to make
any attempt to earn or redeem rewards in a manner inconsistent with this
Agreement.
7.
Site's MARKETING MATERIALS.
By signing up at the Site website, you are giving your consent to receive
promotions or newsletters from Site, its affiliated entities and/or
third-party marketing partners. If you do not wish to receive these emails,
you may request to be removed by using the opt-out mechanism listed in the
email messages you receive. To opt-out of email promotions from Site
alone, you may send an e-mail to
info@plus3inches.com. Please note that exercising an opt-out
mechanism only applies to the company with which you exercised that right.
8.
RELATIONSHIP WITH MARKETING PARTNERS.
Participating advertisers are independent third parties and Site is not
acting as a principal, agent or broker with respect to any advertisers. Your
relationship with any such advertiser whose offer you respond to is solely
between You and the advertiser. You agree not to hold Site liable for any loss
or damage of any sort incurred as the result of any such dealings or as the
result of the content provided by such partners through the Service.
9.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
A. YOU
EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF THE SITE IS AT YOUR
SOLE RISK; (ii) THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS; (iii) EXCEPT AS EXPRESSLY PROVIDED HEREIN WE EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT; (iv) ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS
DONE AT YOUR OWN DISCRETION AND RISK; (v) YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL OR OPENING ANY EMAIL SENT BY US; (vi) WE
MAKE NO WARRANTY WITH RESPECT TO THE ACCURACY, THE RESULTS THAT MAY BE
OBTAINED OR THE RELIABILITY OF ANY INFORMATION, CONTENT, SERVICE OR
MERCHANDISE PROVIDED OR ADVERTISED THROUGH THE SITE OR THAT THE CONTENT
PROVIDED ON THE SITE IS APPLICABLE TO, OR APPROPRIATE FOR USE IN, LOCATIONS
OUTSIDE OF THE UNITED STATES ; and (vii) NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
B. EXCEPT
AS EXPRESSLY STATED HEREIN WE MAKE NO WARRANTY THAT: (i) ANY PRODUCT OR
SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ANY PRODUCT OR SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF ANY PRODUCT OR SERVICE WILL BE ACCURATE OR
RELIABLE: (iv) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ANY PRODUCT OR SERVICE WILL
MEET YOUR EXPECTATIONS; OR (v) ANY DEFECTS WILL BE CORRECTED.
C. YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH HEREIN OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THE SITE OR RELATED PRODUCTS OR SERVICES ( SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, HEALTH, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) OR ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT OR OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING or (vi) ANY OTHER MATTER RELATING TO THE SITE HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE VALUE OF THE REWARD OFFERED TO YOU BY Site. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
D. THE SITE, ITS AGENTS, EMPLOYEES, OWNERS AND ASSOCIATES HAVE NO LIABILITY TO YOU FOR ANY PHYSICAL DAMAGE INFLICTED UPON YOU THROUGH USING THE ADVICE, RECOMMENDATIONS OR SUGGESTIONS OF THE SITE. YOUR USE THE SITE, ITS ADVICE, ITS RECOMMENDATIONS AND ITS SUGGESTIONS AT YOUR OWN RISK.
10.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO
THE MAXIMUM EXTENT PERMITTED BY LAW.
11.
MONITORING SITE USAGE
We may elect to electronically monitor areas of the Site and may disclose
any content, records, or electronic communication of any kind (i) to satisfy
any law, regulation, or government request; (ii) if such disclosure is
necessary or appropriate to operate the Site; or (iii) to protect our rights
or property or the rights of the users, sponsors, providers, licensors, or
merchants.
12. NOTICE
Except as explicitly stated otherwise, any notices provided by us may be
made by an updated posting on the Site. Notices to us shall be given by
e-mail: info@plus3inches.com.
14.
LANGUAGE
It is the express will of the parties that this agreement and all related
documents have been drawn up in English. C'est la volonté expresse des
parties que la présente convention ainsi que les documents qui s'y
rattachent soient rédigés en anglais.
15.
INDEMNITY
By using the Site web sites you agree to indemnify Site and it's agents,
owners, and associates (collectively "Indemnities") and hold them harmless from any and all claims
and expenses, including (without limitation) attorney's fees, arising from
your use of the Site web sites, your use of the Products and Services, or
your submission of ideas and/or related materials to Site or from any person's
use of any ID, membership or password you maintain with any portion of the
Site, regardless of whether such use is authorized by you. By using the
Site, the Products and Services, or submitting any ideas and/or related
materials to us, you are hereby agreeing to release Indemnities from any and
all claims, demands, debts, obligations, damages (actual or consequential),
costs, and expenses of any kind or nature whatsoever, whether known or
unknown, suspected or unsuspected, disclosed or undisclosed, that you may
have against them arising out of or in any way related to such disputes
and/or to the Products and Services or to any disputes regarding use of
ideas and/or related materials submitted to Indemnities. YOU AGREE TO WAIVE
TO, THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT MAY LIMIT THE
EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES. FOR EXAMPLE, YOU SPECIFICALLY
AGREE TO WAIVE THE PROVISIONS OF NEW YORK CIVIL CODE SECTION 1542, WHICH
PROVIDES:
"A GENERAL
RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
16.
COPYRIGHT AND TRADEMARK NOTICE
Copyrigth 2005-2006,
Plus3inches.com.
("Site"). All rights reserved. Except as expressly provided, nothing within the Site shall be construed as
conferring any license under our or any third party's intellectual property
rights, whether by estoppels, implication, waiver, or otherwise. Without
limiting the generality of the foregoing, you acknowledge and agree that all
content available through and used to operate the Site and its services is
protected by copyright, trademark, patent, or other proprietary rights of
Site
and its affiliates, licensors, and service providers. You agree not to: (i)
modify, alter, or deface any of the trademarks, service marks, trade dress
(collectively "Trademarks") or other intellectual property made available by
us in connection with the Site; (ii) hold yourself out as in any way
sponsored by, affiliated with, or endorsed by us, or any of our affiliates
or service providers; (iii) use any of the Trademarks or other content
accessible through the Site for any purpose other than the purpose for which
we have made it available to you; (iv) defame or disparage us, our
Trademarks, or any aspect of the Site; and (v) adapt, translate, modify,
decompile, disassemble, or reverse engineer the Site or any software or
programs used in connection with it or its Products and Services. Links to
the Site without Site's express written permission are strictly prohibited.
The framing, mirroring, scraping or data mining of the Site or any of its
content in any form and by any method is expressly prohibited.
17.
INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It is the policy of Site to respond expeditiously to claims of
intellectual property infringement. We will promptly process and investigate
notices of alleged infringement and will take appropriate actions under the
Digital Millennium Copyright Act ("DMCA") and other applicable intellectual
property laws.
18. PLACE
OF PERFORMANCE
You understand and agree that Site, does business only in the State of Oregon.
Site does not own or operate any facilities outside of Oregon. References to
any Site product or service do not constitute an offer to sell or supply that
product or service, nor does it mean that the product or service is
available in all jurisdictions. Those who choose to access this site from
locations outside Oregon do so on their own initiative and are responsible
for compliance with all applicable local laws.
19.
GENERAL
A. Choice
of Law, Limitation of Actions, Severability, Non-Waiver and Merger. These
Terms and Conditions will be governed in all respects by the laws of the
State of Oregon as such laws are applied to agreements entered into and to
be performed entirely within Oregon between Oregon residents. You hereby
consent to jurisdiction and venue in the state and federal courts in Los
Angeles County, New York for such purpose, waive the personal service of any
process upon them and agree that service may be effected by overnight mail
(using a commercially recognized service) or by U.S. mail with delivery
receipt to the address you provided to Site) and agree that any claim against
us must be filed within one (1) year of the time such claim arises,
regardless of any law to the contrary; otherwise your claim will be barred
forever. If any provision of these Terms and Conditions is held to be
invalid or unenforceable, the provision shall be removed (or interpreted, if
possible, in a manner as to be enforceable), and the remaining provisions
shall be enforced. Headings are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of such section. Our
failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches. These Terms and
Conditions set forth the entire understanding and agreement between us with
respect to the subject matter contained herein and supersede any other
agreement, proposals and communications, written or oral, between Site's
representatives and you with respect to the subject matter hereof, including
any terms and conditions on any of customer's documents or purchase orders.
B. No Joint Venture, No Derogation of Rights. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Site as a result of these Terms and Conditions or your use of the Site. Our performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.