We expressly reserve the right to do any of the following, at any time, without notice:
- modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason;
- modify or change the Site or any information, text, data, databases, graphics, user interfaces, visual interfaces, images, sound recordings, photographs, video materials, audio clips, logos, computer code, features, services, and other materials within the Site (all such materials, and any compilation, collection, or arrangement thereof, the “Content”), and any applicable policies or terms;
- modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; and
- interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
ELIGIBILITY TO ACCESS AND USE
Although the Site may be accessible worldwide, we make no representation that the Site, Content, or any features, products or services discussed, referenced, provided or offered through or on the Site, are appropriate or available for use in locations other than the United States. If you choose to access this Site from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with all applicable local laws. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited.
In connection with your access and use of the Site and that of any person authorized by you to access and use the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Not in limitation of the previous sentence, in connection with your use of the Site, neither you nor your company may cause or permit any person to do any of the following:
- impose an unreasonably or disproportionately large load on the Site or otherwise interfere with or inhibit any other user of this Site from using or enjoying the Site;
- use the Site or Content for any purpose that constitutes or encourages conduct that would violate the law;
- use any deep links, robots, spiders, page scrapers, web crawlers, indexing agents, or other automated device, program, algorithm or mechanism, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure of presentation of the Site or Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site;
- gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any 3PLENISH server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means;
- use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
- use the Site to post or transmit any unlawful, threatening, abusive, harmful, fraudulent, libelous, defamatory, harassing, tortious, hateful, racially, ethnically or otherwise objectionable, obscene, pornographic, profane or offensive information of any kind;
- use the Site to post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others;
- use the Site to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication;
- upload, post or transmit to, distribute or otherwise engage in any activities through the Site (i) which are designed to interrupt, destroy or limit the functionality of any computer software, hardware, telecommunications equipment; (ii) which are designed to violate system integrity; (iii) for which you do not have all necessary rights and licenses to transmit under any law or under contractual or fiduciary relationships; or (iv) which contain false or misleading indications of origin or statements of fact.
Commission of any of the foregoing or other illegal, fraudulent, destructive or malicious acts will subject you to sanction, including termination of your access to the Site, and possible civil or criminal liability.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You acknowledge that data, including email and electronic communications may be accessed by unauthorized third parties when communicated between you, 3PLENISH and information transmitters, using the Internet, network communications facilities, telephone or any other electronic means. 3PLENISH takes such commercially reasonable measures as it deems appropriate to secure and protect communications and information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You agree that we are not responsible, or liable, for any such unauthorized third party access.
USERNAMES, PASSWORDS AND SECURITY
Certain features or services offered on or through the Site may require you to register with the Site. Upon registration, you will receive a username and password. You are solely responsible for maintaining the confidentiality of any information about you, including any username and any password used in connection with your use of the Site, and for ensuring that the password is utilized only by you or your authorized representatives. You agree to notify us immediately if you discover loss or access to your username, password, or other account information by another party not under your control and supervision so that the compromised username and/or password can be deactivated, and, if requested, a new one assigned. We shall endeavor to complete all deactivation requests within 48 hours of their receipt in writing from you or your authorized representative. We do not monitor, and will not be liable for any loss, claim, damage or other liability that may arise from the unauthorized use of your username or password. You may be held liable for losses incurred by 3PLENISH or any other user of or visitor to the Site due to someone else using your username, password or account as a result of your failing to keep your account information secure and confidential.
CONTENT AND PROPRIETARY RIGHTS
You understand and agree that we own, or (where applicable) we have licensed from third parties, all right, title, and interest in and to the Site and all of the Content, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site. You acknowledge and agree that the Content constitutes valuable proprietary information that is protected by applicable trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws and treaties of the United States and other countries and that all such rights are the property of 3PLENISH or its licensors and content providers. You also understand and agree that you acquire no ownership interest by accessing or using the Site or the Content.
The 3WIRE and 3PLENISH logos and other trademarks on the Site are owned by, licensed to, or, where required, used with permission, by 3PLENISH. You may use the 3PLENISH logo (solely in the size and format) on your web site solely to link to the home page of the Site located at www.3plenish.com, but you may not use the 3PLENISH logo in any way that suggests that you or your business are associated with, sponsored by or affiliated with 3PLENISH. You may not use, reproduce, copy, or manipulate the 3WIRE or 3PLENISH logos and trademarks, of any other trademarks appearing on the Site, in any other manner without the prior, written approval of 3PLENISH or other applicable trademark owner.
By disclosing or offering any information to us, including comments, computer files, documents, graphics, suggestions, ideas, or other information (each, a “Submission”), either through your use of the Site or otherwise, you authorize 3PLENISH to make such copies thereof for any purpose, including without limitation to facilitate the posting and storage of the Submission on the Site. By making a Submission, you automatically grant, and you represent and warrant that you have the right to grant, to 3PLENISH an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submission for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submission, and to grant and authorize sublicenses of the foregoing.
You represent and agree that all information that you provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief. By making a Submission, you represent that you have all requisite rights to, and are authorized to disclose, all of the information contained in the Submission. You are fully responsible for any Submission you make and for the legality, reliability, appropriateness, and originality thereof.
HYPERLINKS; NO ENDORSEMENTS
The Site may contain hyperlinks to other web sites which are not maintained by 3PLENISH (each, a “Linked Site”). These Linked Sites are provided solely as a convenience to our visitors. We are not responsible for any of the content of Linked Sites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by Linked Sites. The inclusion of any hyperlink to Linked Sites, or the display or references on the Site to any names, marks, products or services of third parties, does not imply endorsement by 3PLENISH of those Linked Sites, any content on such Linked Sites, or any other referenced products or services. The terms of service and privacy policies applicable to Linked Sites may be different from those applicable to our Site. You will need to make your own independent judgment regarding your interaction with Linked Sites. If you decide to access any Linked Sites, you do so entirely at your own risk, and 3PLENISH will have no liability for any loss or damage arising from your access or use of any Linked Site. Since 3PLENISH is not responsible for the availability of these Linked Sites, or their contents, you should direct any concerns regarding a Linked Site to the administrator of that web site. You agree that you will bring no suit or claim against us arising from or based upon any such use of Linked Sites. Hyperlinks to Linked Sites are not intended to imply that (i) we are affiliated or associated with any Linked Site, or (ii) any Linked Site is authorized to use any of our trademarks, trade names, logos, or copyrights.
PURCHASE OF GOODS
TERMINATION OF ACCESS
If you believe in good faith that any Content or Submission has been used in a way that constitutes copyright infringement, you may forward the following to us: (i) your contact information, including your name, address, telephone number, and email address; (ii) identification and description of each copyrighted work that you claim has been infringed; (iii) the exact URL or location of the material that you claim is infringing; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owners. The foregoing information should be sent to us either by (a) post sent to 3WIRE Group Inc., 3PLENISH Division, 101 Broadway Street West, Osseo, Minnesota 55369, Attn: David Womeldorf, or (b) email sent to our Copyright Agent, David Womeldorf, at firstname.lastname@example.org.
THE USE OF THIS SITE BY YOU AND YOUR COMPANY IS AT YOUR AND ITS SOLE RISK. ACCORDINGLY, THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. 3PLENISH, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND CONTENT PROVIDERS DO NOT WARRANT OR PROMISE THAT: (i) THE CONTENT OR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR ANY THIRD PARTY WEB SITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (ii) THE USE OF THIS SITE OR ANY THIRD PARTY WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE WILL MEET YOUR REQUIREMENTS; (iii) THE USE OF THIS SITE OR ANY SUCH THIRD PARTY WEB SITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (iv) ANY DEFECTS IN THE SITE OR IN THE CONTENT WILL BE CORRECTED; (v) THE SITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS (AND IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, 3PLENISH IS NOT RESPONSIBLE FOR THOSE COSTS); (vi) CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE THE UNITED STATES; OR (vii) ANY PORTIONS OR VERSIONS OF THE SITE THAT 3PLENISH IN ITS DISCRETION HAS TRANSLATED INTO ANY LANGUAGE OTHER THAN ENGLISH ARE COMPLETE AND ACCURATE. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. 3PLENISH DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 3PLENISH DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY OTHER 3PLENISH SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. DISCONTINUATION OF USE OF THIS SITE AND THE CONTENT IS YOUR SOLE RIGHT AND REMEDY FOR ANY DISSATISFACTION WITH THE SITE OR ANY OF THE CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
3PLENISH MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCT, INCLUDING WITHOUT LIMITATION ANY PRODUCT THAT YOU PURCHASE FROM SUPPLIERS, EVEN 3PLENISH FACILITATES THE PURCHASE ORDERS FOR SUCH PRODUCTS. 3PLENISH SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES FOR MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR ANY PARTICULAR PURPOSE. Any comments, complaints, claims or questions that you may have regarding any products should be directed to the applicable Supplier.
LIMITATION OF LIABILITY
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL 3PLENISH, ITS PARENTS, SUBSIDIARIES, AFFILIATES OR CONTENT PROVIDERS, OR THEIR RESPECTIVE CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING (COLLECTIVELY, “REPRESENTATIVES”), BE LIABLE TO YOU, YOUR COMPANY, OR ANY THIRD PARTY FOR ANY (i) THIRD PARTY CLAIMS, OR (ii) INDIRECT, EXEMPLARY, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, EXPENSES OR COSTS OF ANY TYPE OR NATURE (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) UNDER ANY THEORY OF TORT, CONTRACT, INDEMNITY, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF 3PLENISH OR ITS REPRESENTATIVES WERE ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. 3PLENISH SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DELAY IN FURNISHING OR FACILITATING THE ORDER OR DELIVERY OF PRODUCTS OR ANY OTHER PERFORMANCE. NOTHING IN THIS SECTION SHALL LIMIT EITHER PARTY’S LIABILITY: (A) IN TORT FOR ITS WILLFUL OR INTENTIONAL MISCONDUCT; OR (B) FOR BODILY INJURY OR DEATH PROXIMATELY CAUSED BY ITS NEGLIGENCE.
IN NO EVENT SHALL ANY 3PLENISH AGENT OR AFFILIATE HAVE ANY LIABILITY OR RESPONSIBILITY RELATED TO ANY TRANSACTION BETWEEN YOU AND 3PLENISH.
GOVERNING LAW AND DISPUTE RESOLUTION
WAIVER OF JURY TRIAL
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
The relationship between you and 3PLENISH is and shall be one of independent contractors. Nothing herein shall authorize, or be interpreted as authorizing, either party to bind the other, to incur any liability on behalf of the other, or to act as an agent for the other.
3Wire – A Marmon / Berkshire Hathaway Company
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101 Broadway Street West
Osseo, Minnesota 55369