Updated as of: December 23, 2021
Terms of Service
These Terms of Service (this “TOS”) govern Your access and use of the website and other Internet properties offered by us (collectively, the “Site”) provided PlusMedia Solutions, Inc. (“PlusMedia,” “we,” “our” or “us”). By accessing and using the Site, you (“You”) agree to be bound by this TOS. If You do not agree to this TOS, You will not have the right to access or use the Site.
You represent that: (a) if You are entering into this TOS on behalf of another person or entity, You are duly authorized by such person or entity to enter into this TOS which will be binding upon both You individually and such other person (and “You” as used in this TOS shall refer to both), (b) You are of the legal age to form a binding contract with us, and (c) You are not a person barred from using or accessing the Site under the laws of the United States or other applicable jurisdiction.
- Changes to this TOS
We reserve the right to revise this TOS at any time. Any changes will be effective immediately upon posting of the revised TOS and updating the “Updated” date above. Your continued access and use of the Site indicates Your consent to this TOS then posted. You are responsible for periodically visiting the Site and this TOS to check for any changes.
- Links to Third Party Websites and Materials
- Terminating this TOS
This TOS will continue in effect until terminated by either You or PlusMedia as set out below. You may terminate this TOS at any time by ceasing all access and use of the Site. We reserve the right to terminate this TOS at any time, with or without advance notice to You. Additionally, You or PlusMedia may terminate this TOS in the event that the other party breaches this TOS and does not cure such breach within seven (7) days after receipt of notice of such breach. Neither party shall be liable to the other party due to termination of this TOS in accordance with this Section 4. Upon any termination of this TOS, Sections 4, 5, 6, 7 8 and 9 of this TOS will survive.
You agree to indemnify and hold PlusMedia and its officers, directors, shareholders and employees harmless from and against any loss, costs, liabilities and expenses (including reasonable litigation costs) resulting from Your breach of this TOS or Your use of the Site.
- Representations and Warranties
You represent and warrant that Your access and use the Site will comply with all applicable federal, state, local and international laws and regulations, including export and import laws, regulations, orders or other restrictions administered by the United States Commerce Department's Bureau of Export Administration, the United States Department of Treasury's Office of Foreign Assets Control or any other applicable government agency.
- Disclaimers; Limitations of Liability
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU UNDERSTAND AND AGREE THAT PLUS MEDIA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, ACCURACY, AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. PLUSMEDIA DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED.
PLUSMEDIA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR COST OF SUBSTITUTE PROCUREMENT, LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, OR COST OF RECOVERY OR OTHER DAMAGES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. NOTWITHSTANDING ANYTHING ELSE IN THIS TOS, PLUSMEDIA’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING IN ANY WAY TO THIS TOS AND/OR THE SITE, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER THEORY, SHALL NOT EXCEED THE FEES ACTUALLY PAID BY YOU TO PLUSMEDIA DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH PLUSMEDIA RECEIVES NOTICE OF A CLAIM FROM YOU.
As between PlusMedia and You, PlusMedia (and its licensors) will own and retain all right, title and interest (including all intellectual property rights) in and to the Site and other materials appearing therein. The Site and the underlying technology and software comprising the Site are and shall remain the exclusive property of PlusMedia and its licensors and suppliers and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. All trademarks and service marks appearing within the Site not owned by PlusMedia are the property of their respective owners. The trade names, trademarks and service marks owned by PlusMedia, whether registered or unregistered, may not be used without our written consent or in any manner that is likely to cause confusion.
- Contact Us
If You have any questions regarding this TOS, please contact us at firstname.lastname@example.org.