TERMS AND CONDITIONS OF USE
Thank you for visiting the PLUS website. Please read the following Terms and Conditions of Use.
NOTICE TO USER
This is a legal agreement between you (“User”) and the PLUS Coalition. Use of this website constitutes agreement to be bound by the terms set forth herein. The PLUS Coalition reserves the right to alter, modify, or update these Terms and Conditions and the User agrees to be bound by such modifications, alterations, or updates. Any User found not to operating within the spirit of these Terms and Conditions will be banned from further use of this website.
OWNERSHIP
This site is owned and operated by the PLUS Coalition. All elements of this website, including the content and the general design, are protected by copyright, trademark, trade dress and other U.S. law relating to intellectual property.
PERMITTED USE
Users may not copy or use content from the PLUS Coalition website other than for its intended purpose. Users may not download any images from the PLUS Coalition website. Users may download the Glossary from the PLUS Coalition website, subject to the terms of the license.
LINKS TO THIRD PARTY SITES
Any links to third party websites are not under the PLUS Coalition’s control, and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the linked sites or their use or contents.
DISCLAIMERS
General Disclaimer
THE MATERIALS AND INFORMATION IN THIS SITE ARE PROVIDED "AS IS", WITH ALL FAULTS BASIS AND YOUR USE THEREOF IS AT YOUR OWN RISK. THE PLUS COALITION MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESSED OR IMPLIED, INCLUDED BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NONINFRINGMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE.
Exclusion of Damages
THE PLUS COALITION DOES NOT MAKE A REPRESENTATION OR WARRANTY THAT ANY CONTENT IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATION OR WARRANTY THAT USERS’ ACCESS TO AND USE OF THE SITE (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, OR (3) IS SECURE. USERS ARE RESPONSIBLE FOR TAKING ALL NECESSARY OR ADVISABLE PRECAUTIONS TO PROTECT AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF USE OF THE SITE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY, ADEQUACY, COMPLETENESS, VALIDITY, AND QUALITY OF ANY MATERIAL AND INFORMATION IS WITH THE USER.
USERS MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE PLUS COALITION BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES AS A RESULT OF USE OF THE PLUS WEBSITE. USERS ACKNOWLEDGE THAT ABSENT AGREEMENT TO THIS LIMITATION OF LIABILITY, THE PLUS COALITION WOULD NOT PROVIDE THIS SITE TO THE USER.
INDEMNITY
Users agree to indemnify and hold the PLUS Coalition, its directors, employees, agents, representatives, licensors, successors and assigns, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney’s fees, arising from use of this site, violation of these Terms and Conditions, or other breach of this Agreement.
ASSIGNMENT
This agreement is not assignable or transferable on the part of the User.
JURISDICTION
The PLUS Coalition operates this site from its office within State of California in the United States of America. The PLUS Coalition makes no representation that materials in the site are appropriate or available for use in other locations. Those who opt to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any and all disputes, with the exception of copyright claims, arising out of this Agreement including, without limitation the validity, performance and breach thereof, shall be settled by arbitration in Los Angeles, whether or not the User is subject to the personal jurisdiction of the State and Federal Courts therein. Such arbitration shall be in accordance with the rules of the American Arbitration Association; Judgment upon the award rendered may be entered in the highest court of the forum, State or Federal, having jurisdiction. In the event of a copyright claim, or if the PLUS Coalition is compelled to go to court for any other reason regarding the Articles governed by this Agreement, the User hereby submits to personal jurisdiction of the State and Federal courts in Los Angeles County, California. If the PLUS Coalition is caused to present claims or suit as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees and/or costs by the User herein. This Agreement, its validity and effect, shall be interpreted and governed by the laws of the State of California, without reference to its choice of law principles.
DATA PROTECTION
The PLUS Coaltion protects Users’ privacy. We do not sell or share information about Users with any third party. Please see our Privacy Statement.
FORCE MAJEURE
The PLUS Coalition will do everything in its power to provide uninterrupted access to this site, but it will not be held responsible for interruption or delay due to an act of God.
HEADINGS
Headings used in these Terms and Conditions are for reference purposes only and in no way define, limit, construe or describe the scope of extent of such section in any way or effect.
PRIVACY STATEMENT
The PLUS Coalition is dedicated to protecting the privacy of any information collected from or provided by the Users. We will not give, sell, trade, rent, disclose, loan, or make available any identifiable personal information about Users to any third party without first receiving each User’s permission, except when we believe, in good faith, that the law requires us to do so. Further questions or concerns can be sent to PLUS
These Terms and Conditions went into effect on 9.11.05. The PLUS Coalition will inform users of substantive changes to this Policy.
|