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 Terms and Conditions




Date of Last Revision: November 6, 2009.

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 support@plus3network.com  so we can respond quickly and accurately to your needs; or call 1-866-249-6284

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