TERMS
OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY
THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT
EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS
OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE
AS OF 04/10/2014.
ACCEPTANCE OF TERMS
The
following Terms of Service Agreement (the "TOS") is a legally binding
agreement that shall govern the relationship with our users and others which
may interact or interface with Plus Systemz Inc., also known as PS Inc.,
located at PO Box 3681, Bell Gardens, California 90202, and our subsidiaries
and affiliates, in association with the use of the PS Inc. website, which
includes homeinspectorplus.com (the "Site") and its Services, which
shall be defined below.
DESCRIPTION OF WEBSITE
SERVICES OFFERED
The
Site is an e-commerce website software which has the following description:
Home
Inspector Plus is a site designed for home inspectors to manage all their
orders, schedule their inspections and create reports quick and easy.
Any
and all visitors to our site, despite whether they are registered or not, shall
be deemed as "users" of the herein contained Services provided for
the purpose of this TOS. Once an individual registers for our Services, through
the process of creating an account, the user shall then be considered a
"member."
The user and/or member acknowledges and
agrees that the Services provided and made available through our website and
applications, which may include some mobile applications and that those
applications may be made available on various social media networking sites and
numerous other platforms and downloadable programs, are the sole property of Plus Systemz Inc.. At its discretion, Plus
Systemz Inc. may offer additional website Services and/or products, or update,
modify or revise any current content and Services, and this Agreement shall
apply to any and all additional Services and/or products and any and all
updated, modified or revised Services unless otherwise stipulated. Plus Systemz
Inc. does hereby reserve the right to cancel and cease offering any of the
aforementioned Services and/or products. You, as the end user and/or member,
acknowledge, accept and agree that Plus Systemz Inc. shall not be held liable
for any such updates, modifications, revisions, suspensions or discontinuance
of any of our Services and/or products. Your continued use of the Services
provided, after such posting of any updates, changes, and/or modifications
shall constitute your acceptance of such updates, changes and/or modifications,
and as such, frequent review of this Agreement and any and all applicable terms
and policies should be made by you to ensure you are aware of all terms and
policies currently in effect. Should you not agree to the updated, modified,
revised or modified terms, you must stop using the provided Services.
Furthermore,
the user and/or member understands, acknowledges and agrees that the Services
offered shall be provided "AS IS" and as such Plus Systemz Inc. shall
not assume any responsibility or obligation for the timeliness, missed
delivery, deletion and/or any failure to store user content, communication or
personalization settings.
REGISTRATION
To
register and become a "member" of the Site, you must be 18 years of
age to enter into and form a legally binding contract. In addition, you must be
in good standing and not an individual that has been previously barred from
receiving PS Inc.'s Services under the laws and statutes of the United States
or other applicable jurisdiction.
Furthermore,
the registering party hereby acknowledges, understands and agrees to:
a)
furnish
factual, correct, current and complete information with regards to yourself as
may be requested by the data registration process, and
b)
maintain
and promptly update your registration and profile information in an effort to
maintain accuracy and completeness at all times.
If
anyone knowingly provides any information of a false, untrue, inaccurate or
incomplete nature, Plus Systemz Inc. will have sufficient grounds and rights to
suspend or terminate the member in violation of this aspect of the Agreement,
and as such refuse any and all current or future use of Plus Systemz Inc.
Services, or any portion thereof.
It
is Plus Systemz Inc.'s priority to ensure the safety and privacy of all its
visitors, users and members, especially that of children. Therefore, it is for
this reason that the parents of any child under the age of 13 that permit their
child or children access to the PS Inc. website platform Services must create a
"family" account, which will certify that the individual creating the
"family" account is of 18 years of age and as such, the parent or
legal guardian of any child or children registered under the "family"
account. As the creator of the "family" account, s/he is thereby
granting permission for his/her child or children to access the various
Services provided, including, but not limited to, message boards, email, and/or
instant messaging. It is the parent's and/or legal guardian's responsibility to
determine whether any of the Services and/or content provided are age-appropriate
for his/her child.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
After completion of the registration data and
creation of your username, you will receive a random password—which you can
later change—and account designation. You shall be responsible for maintaining
the secrecy and confidentiality of your password and for all activities that
transpire on or within your account. It shall be your responsibility to notify
Plus Systemz Inc. immediately if you notice any unauthorized access or use of
your account or password or any other breach of security. Plus Systemz Inc.
shall not be held liable for any loss and/or damage arising from any failure to
comply with this term and/or condition of the TOS.
CONDUCT
As a member of the Site, you herein
acknowledge, understand and agree that all information, text, software, data,
photographs, music, video, messages, tags or any other content, whether it is
publicly or privately posted and/or transmitted, is the expressed sole
responsibility of the individual from whom the content originated. In short,
this means that you are solely responsible for any and all content posted,
uploaded, emailed, transmitted or otherwise made available by way of PS Inc.
Services, and as such, we do not guarantee the accuracy, integrity or quality
of such content. It is expressly understood that by use of our Services, you
may be exposed to content including, but not limited to, any errors or
omissions in any content posted, and/or any loss or damage of any kind incurred
as a result of the use of any content posted, emailed, transmitted or otherwise
made available by PS Inc..
Furthermore, you herein agree not to make use
of Plus Systemz Inc.'s Services for the purpose of:
a)
uploading, posting, emailing, transmitting,
or otherwise making available any content that shall be deemed unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, or invasive of another's privacy or which is hateful, and/or
racially, ethnically, or otherwise objectionable;
b)
causing harm to minors in any manner
whatsoever;
c)
impersonating any individual or entity,
including, but not limited to, any PS Inc. officials, forum leaders, guides or
hosts or falsely stating or otherwise misrepresenting any affiliation with an
individual or entity;
d)
forging captions, headings or titles or
otherwise offering any content that you personally have no right to pursuant to
any law nor having any contractual or fiduciary relationship with;
e)
uploading, posting, emailing, transmitting or
otherwise offering any such content that may infringe upon any patent,
copyright, trademark, or any other proprietary or intellectual rights of any
other party;
f)
uploading, posting, emailing, transmitting or
otherwise offering any content that you do not personally have any right to
offer pursuant to any law or in accordance with any contractual or fiduciary
relationship;
g)
uploading, posting, emailing, transmitting,
or otherwise offering any unsolicited or unauthorized advertising, promotional
flyers, "junk mail," "spam," or any other form of
solicitation, except in any such areas that may have been designated for such
purpose;
h)
uploading, posting, emailing, transmitting,
or otherwise offering any source that may contain a software virus or other
computer code, any files and/or programs which have been designed to interfere,
destroy and/or limit the operation of any computer software, hardware, or
telecommunication equipment;
i)
disrupting the normal flow of communication,
or otherwise acting in any manner that would negatively affect other users'
ability to participate in any real time interactions;
j)
interfering with or disrupting any Plus
Systemz Inc. Services, servers and/or networks that may be connected or related
to our website, including, but not limited to, the use of any device software
and/or routine to bypass the robot exclusion headers;
k)
intentionally or unintentionally violating
any local, state, federal, national or international law, including, but not
limited to, rules, guidelines, and/or regulations decreed by the U.S.
Securities and Exchange Commission, in addition to any rules of any nation or
other securities exchange, that would include without limitation, the New York
Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations
having the force of law;
l)
providing informational support or resources,
concealing and/or disguising the character, location, and or source to any
organization delegated by the United States government as a "foreign
terrorist organization" in accordance to Section 219 of the Immigration
Nationality Act;
m)
"stalking" or with the intent to
otherwise harass another individual; and/or
n)
collecting or storing of any personal data
relating to any other member or user in connection with the prohibited conduct
and/or activities which have been set forth in the aforementioned paragraphs.
Plus Systemz Inc. herein reserves the right
to pre-screen, refuse and/or delete any content currently available through our
Services. In addition, we reserve the right to remove and/or delete any such
content that would violate the TOS or which would otherwise be considered offensive
to other visitors, users and/or members.
Plus Systemz Inc. herein reserves the right
to access, preserve and/or disclose member account information and/or content
if it is requested to do so by law or in good faith belief that any such action
is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation
of the rights of any third party;
d) responding to requests for customer service; or
e)
protecting the rights, property or the
personal safety of Plus Systemz Inc., its visitors, users and members,
including the general public.
Plus Systemz Inc. herein reserves the right
to include the use of security components that may permit digital information
or material to be protected, and that such use of information and/or material
is subject to usage guidelines and regulations established by Plus Systemz Inc.
or any other content providers supplying content services to Plus Systemz Inc..
You are hereby prohibited from making any attempt to override or circumvent any
of the embedded usage rules in our Services. Furthermore, unauthorized
reproduction, publication, distribution, or exhibition of any information or
materials supplied by our Services, despite whether done so in whole or in
part, is expressly prohibited.
INTERSTATE COMMUNICATION
Upon
registration, you hereby acknowledge that by using homeinspectorplus.com to
send electronic communications, which would include, but are not limited to,
email, searches, instant messages, uploading of files, photos and/or videos,
you will be causing communications to be sent through our computer network. Therefore, through your use, and thus
your agreement with this TOS, you are acknowledging that the use of this
Service shall result in interstate transmissions.
CAUTIONS FOR
GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet,
through the use of our network you hereby agree to comply with all local rules
relating to online conduct and that which is considered acceptable Content.
Uploading, posting and/or transferring of software, technology and other
technical data may be subject to the export and import laws of the United
States and possibly other countries. Through the use of our network, you thus
agree to comply with all applicable export and import laws, statutes and
regulations, including, but not limited to, the Export Administration
Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a)
are not on the list of prohibited individuals
which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an
export-prohibited country identified in applicable export and import laws and
regulations;
b)
agree not to transfer any software,
technology or any other technical data through the use of our network Services
to any export-prohibited country;
c)
agree not to use our website network Services
for any military, nuclear, missile, chemical or biological weaponry end uses
that would be a violation of the U.S. export laws; and
d)
agree not to post, transfer nor upload any
software, technology or any other technical data which would be in violation of
the U.S. or other applicable export and/or import laws.
CONTENT PLACED
OR MADE AVAILABLE FOR COMPANY SERVICES
Plus Systemz Inc. shall not lay claim to
ownership of any content submitted by any visitor , member or user, or make
such content available for inclusion on our website Services. Therefore, you
hereby grant and allow for Plus Systemz Inc. the below listed worldwide,
royalty-free and non-exclusive licenses, as applicable:
a)
The content submitted or made available for
inclusion on the publicly accessible areas of Plus Systemz Inc.'s sites, the
license provided to permit to use, distribute, reproduce, modify, adapt,
publicly perform and/or publicly display said Content on our network Services
is for the sole purpose of providing and promoting the specific area to which
this content was placed and/or made available for viewing. This license shall
be available so long as you are a member of Plus Systemz Inc.'s sites, and
shall terminate at such time when you elect to discontinue your membership.
b)
Photos, audio, video and/or graphics
submitted or made available for inclusion on the publicly accessible areas of
Plus Systemz Inc.'s sites, the license provided to permit to use, distribute,
reproduce, modify, adapt, publicly perform and/or publicly display said Content
on our network Services are for the sole purpose of providing and promoting the
specific area in which this content was placed and/or made available for
viewing. This license shall be available so long as you are a member of Plus
Systemz Inc.'s sites and shall terminate at such time when you elect to discontinue
your membership.
c)
For any other content submitted or made
available for inclusion on the publicly accessible areas of Plus Systemz Inc.'s
sites, the continuous, binding and completely sub-licensable license which is
meant to permit to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and/or publicly display said content, whether in
whole or in part, and the incorporation of any such Content into other works in
any arrangement or medium current used or later developed.
Those areas which may be deemed
"publicly accessible" areas of Plus Systemz Inc.'s sites are those
such areas of our network properties which are meant to be available to the
general public, and which would include message boards and groups that are openly
available to both visitors and members
. However,
those areas which are not open to the public, and thus available to members
only, would include our mail system and instant messaging
CONTRIBUTIONS TO COMPANY WEBSITE
Plus Systemz Inc. provides an area for our
users and members to
contribute feedback to our website. When you submit ideas, documents,
suggestions and/or proposals ("Contributions") to our site, you
acknowledge and agree that:
a)
your Contributions do not contain any type of
confidential or proprietary information;
b)
PS Inc. shall not be liable or under any
obligation to ensure or maintain confidentiality, expressed or implied, related
to any Contributions;
c)
PS Inc. shall be entitled to make use of
and/or disclose any such Contributions in any such manner as they may see fit;
d)
the contributor's Contributions shall
automatically become the sole property of PS Inc.; and
e)
PS Inc. is under no obligation to either
compensate or provide any form of reimbursement in any manner or nature.
INDEMNITY
All users and/or members herein agree to
insure and hold Plus Systemz Inc., our subsidiaries, affiliates, agents,
employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may
include, but is not limited to, reasonable attorney fees made by any third
party, which may arise from any content a member or user of our site may submit,
post, modify, transmit or otherwise make available through our Services, the
use of PS Inc. Services or your
connection with these Services, your violations of the Terms of Service and/or
your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user
herein agrees not to replicate, duplicate, copy, trade, sell, resell nor
exploit for any commercial reason any part, use of, or access to PS Inc.'s
sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Plus Systemz Inc.
may set up any such practices and/or limits regarding the use of our Services,
without limitation of the maximum number of days that any email, message
posting or any other uploaded content shall be retained by Plus Systemz Inc.,
nor the maximum number of email messages that may be sent and/or received by
any member, the maximum volume or size of any email message that may be sent
from or may be received by an account on our Service, the maximum disk space
allowable that shall be allocated on Plus Systemz Inc.'s servers on the
member's behalf, and/or the maximum number of times and/or duration that any
member may access our Services in a given period of time. In addition, you also agree that Plus Systemz
Inc. has absolutely no responsibility or liability for the removal or failure
to maintain storage of any messages and/or other communications or content
maintained or transmitted by our Services. You also herein acknowledge that we
reserve the right to delete or remove any account that is no longer active for
an extended period of time. Furthermore, Plus Systemz Inc. shall reserve the
right to modify, alter and/or update these general practices and limits at our
discretion.
Any messenger service, which may include any
web-based versions, shall allow you and the individuals with whom you
communicate with the ability to save your conversations in your account located
on Plus Systemz Inc.'s servers. In this manner, you will be able to access and
search your message history from any computer with internet access. You also
acknowledge that others have the option to use and save conversations with you
in their own personal account on homeinspectorplus.com. It is your agreement to
this TOS which establishes your consent to allow Plus Systemz Inc. to store any
and all communications on its servers.
MODIFICATIONS
Plus Systemz Inc. shall reserve the right at
any time it may deem fit, to modify, alter and or discontinue, whether
temporarily or permanently, our service, or any part thereof, with or without
prior notice. In addition, we shall not be held liable to you or to any third
party for any such alteration, modification, suspension and/or discontinuance
of our Services, or any part thereof.
TERMINATION
As a member of homeinspectorplus.com, you may
cancel or terminate your account, associated email address and/or access to our
Services by submitting a cancellation or termination request to
homeinspectorplus@gmail.com.
As a member, you agree that Plus Systemz Inc.
may, without any prior written notice, immediately suspend, terminate,
discontinue and/or limit your account, any email associated with your account,
and access to any of our Services. The cause for such termination,
discontinuance, suspension and/or limitation of access shall include, but is
not limited to:
a)
any breach or violation of our TOS or any
other incorporated agreement, regulation and/or guideline;
b)
by way of requests from law enforcement or
any other governmental agencies;
c)
the discontinuance, alteration and/or
material modification to our Services, or any part thereof;
d)
unexpected technical or security issues
and/or problems;
e)
any extended periods of inactivity;
f)
any engagement by you in any fraudulent or
illegal activities; and/or
g)
the nonpayment of any associated fees that
may be owed by you in connection with your homeinspectorplus.com account
Services.
Furthermore, you herein agree that any and
all terminations, suspensions, discontinuances, and or limitations of access
for cause shall be made at our sole discretion and that we shall not be liable
to you or any other third party with regards to the termination of your
account, associated email address and/or access to any of our Services.
The termination of your account with
homeinspectorplus.com shall include any and/or all of the following:
a)
the removal of any access to all or part of
the Services offered within homeinspectorplus.com;
b)
the deletion of your password and any and all
related information, files, and any such content that may be associated with or
inside your account, or any part thereof; and
c)
the barring of any further use of all or part
of our Services.
ADVERTISERS
Any correspondence or business dealings with,
or the participation in any promotions of, advertisers located on or through
our Services, which may include the payment and/or delivery of such related
goods and/or Services, and any such other term, condition, warranty and/or
representation associated with such dealings, are and shall be solely between
you and any such advertiser. Moreover, you herein agree that Plus Systemz Inc.
shall not be held responsible or liable for any loss or damage of any nature or
manner incurred as a direct result of any such dealings or as a result of the
presence of such advertisers on our website.
LINKS
Either Plus Systemz Inc. or any third parties
may provide links to other websites and/or resources. Thus, you acknowledge and
agree that we are not responsible for the availability of any such external
sites or resources, and as such, we do not endorse nor are we responsible or
liable for any content, products, advertising or any other materials, on or
available from such third party sites or resources. Furthermore, you
acknowledge and agree that Plus Systemz Inc. shall not be responsible or
liable, directly or indirectly, for any such damage or loss which may be a
result of, caused or allegedly to be caused by or in connection with the use of
or the reliance on any such content, goods or Services made available on or
through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Plus
Systemz Inc.'s Services and any essential software that may be used in
connection with our Services ("Software") shall contain proprietary
and confidential material that is protected by applicable intellectual property
rights and other laws. Furthermore, you herein acknowledge and agree that any
Content which may be contained in any advertisements or information presented
by and through our Services or by advertisers is protected by copyrights,
trademarks, patents or other proprietary rights and laws. Therefore, except for
that which is expressly permitted by applicable law or as authorized by Plus
Systemz Inc. or such applicable licensor, you agree not to alter, modify,
lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform
and/or created any plagiaristic works which are based on Plus Systemz Inc.
Services (e.g. Content or Software), in whole or part.
Plus Systemz Inc. herein has granted you
personal, non-transferable and non-exclusive rights and/or license to make use
of the object code or our Software on a single computer, as long as you do not,
and shall not, allow any third party to duplicate, alter, modify, create or plagiarize
work from, reverse engineer, reverse assemble or otherwise make an attempt to
locate or discern any source code, sell, assign, sublicense, grant a security
interest in and/or otherwise transfer any such right in the Software.
Furthermore, you do herein agree not to alter or change the Software in any
manner, nature or form, and as such, not to use any modified versions of the
Software, including and without limitation, for the purpose of obtaining
unauthorized access to our Services. Lastly, you also agree not to access or
attempt to access our Services through any means other than through the
interface which is provided by Plus Systemz Inc. for use in accessing our
Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE
THAT:
a)
THE USE OF PLUS SYSTEMZ INC. SERVICES AND
SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE
PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. PLUS
SYSTEMZ INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND
WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
b)
PLUS SYSTEMZ INC. AND OUR SUBSIDIARIES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICESNSORS MAKE NO SUCH WARRANTIES
THAT (i) PLUS SYSTEMZ INC. SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS;
(ii) PLUS SYSTEMZ INC. SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE
USE OF THE PLUS SYSTEMZ INC. SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE;
(iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH
MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET
YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL
BE CORRECTED.
c)
ANY INFORMATION OR MATERIAL DOWNLOADED OR
OTHERWISE OBTAIN BY WAY OF PLUS SYSTEMZ INC. SERVICES OR SOFTWARE SHALL BE
ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY
RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH
RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING
AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD
OF ANY SUCH INFORMATION OR MATERIAL.
d)
NO ADVICE AND/OR INFORMATION, DESPITE WETHER
WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM PLUS SYSTEMZ INC. OR BY WAY
OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
e)
A SMALL PERCENTAGE OF SOME USERS MAY
EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT
PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN
CONDITION OR UNDETECTED ELILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF
ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR
FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICAN IF YOU EXPERIENCE
ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED
VISON, EYE OR MUSCLE TWITCHES, LOSS OF AWARNESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND
AGREE THAT PLUS SYSTEMZ INC. AND OUR SUBISDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY
PUNITIVE, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY
PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGILBE LOSSES, EVEN THOUGH WE MAY
HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT
FROM:
a)
THE USE OR INABILITY TO USE OUR SERVICE;
b)
THE COST OF PRECURING SUBSTITUTE GOODS AND
SERVICES;
c)
UNAUTHORIZED ACCESS TO OR THE ALTERATION OF
YOUR TRANSMISSIONS AND/OR DATA;
d)
STATEMENTS OR CONDUCT OF ANY SUCH THRID PARTY
ON OUR SERVICE;
e)
AND ANY OTHER MATTER WHICH MAY BE RELATED TO
OUR SERVICE.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any
service, receive or request any such news, messages, alerts or other
information from our Services concerning companies, stock quotes, investments
or securities, please review the above Sections Warranty Disclaimers and
Limitations of Liability again. In addition, for this particular type of information,
the phrase "Let the investor beware" is appropriate. Plus Systemz
Inc.'s content is provided primarily for informational purposes, and no content
that shall be provided or included in our Services is intended for trading or
investing purposes. Plus Systemz Inc. and our licensors shall not be
responsible or liable for the accuracy, usefulness or availability of any
information transmitted and/or made available by way of our Services, and shall
not be responsible or liable for any trading and/or investment decisions based
on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF
LAIBILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE
LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY
NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree,
unless otherwise expressly provided in this TOS, that there shall be
third-party beneficiaries to this agreement.
NOTICE
Plus Systemz Inc. may furnish you with
notices, including those with regards to any changes to the TOS, including but
not limited to email, regular mail, MMS or SMS, text messaging, postings on our
website Services, or other reasonable means currently known or any which may be
herein after developed. Any such notices may not be received if you violate any
aspects of the TOS by accessing our Services in an unauthorized manner. Your
acceptance of this TOS constitutes your agreement that you are deemed to have
received any and all notices that would have been delivered had you accessed
our Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree
that all of the Plus Systemz Inc. trademarks, copyright, trade name, service
marks, and other Plus Systemz Inc. logos and any brand features, and/or product
and service names are trademarks and as such, are and shall remain the property
of Plus Systemz Inc.. You herein agree not to display and/or use in any manner
the Plus Systemz Inc. logo or marks.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
Plus Systemz Inc. will always respect the
intellectual property of others, and we ask that all of our users to the same.
With regards to appropriate circumstances and at its sole discretion, Plus
Systemz Inc. may disable and/or terminate the accounts of any user who repeatedly
violates our TOS and/or infringes the rights of others. If you feel that your
work has been duplicated in such a way that would constitute copyright
infringement, or if you believe your intellectual property rights have been
otherwise violated, you should provide to us the following information:
a)
The electronic or the physical signature of
the individual that is authorized on behalf of the owner of the copyright or
other intellectual property interest;
b)
A description of the copyrighted work or
other intellectual property that you believe has been infringed upon;
c)
A description of the location of the site
which you allege has been infringing upon your work;
d)
The physical address, telephone number, and
email address;
e)
A statement, in which you state that the
alleged and disputed use of your work is not authorized by the copyright owner,
its agents or the law;
f)
And finally, a statement, made under penalty
of perjury, that the aforementioned information in your notice is the truth and
accurate, and that you are the copyright or intellectual property owner,
representative or agent authorized to act on the copyright or intellectual
property owner's behalf.
The Plus Systemz Inc. Agent for notice of
claims of copyright or other intellectual property infringement can be
contacted as follows:
Mailing Address:
Plus Systemz Inc.
Attn: Copyright Agent
PO Box 3681
Bell Gardens, California 90202
Telephone: 888-909-1447
Email: plussystemz@gmail.com
CLOSED CAPTIONING
BE IT KNOWN, that Plus Systemz Inc. complies
with all applicable Federal Communications Commission rules and regulations
regarding the closed captioning of video content. For more information, please
visit our website at homeinspectorplus.com.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement
between you and Plus Systemz Inc. and shall govern the use of our Services,
superseding any prior version of this TOS between you and us with respect to
Plus Systemz Inc. Services. You may also be subject to additional terms and
conditions that may apply when you use or purchase certain other Plus Systemz
Inc. Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and
Plus Systemz Inc. with regard to the TOS that the relationship between the
parties shall be governed by the laws of the state of California without regard
to its conflict of law provisions and that any and all
claims, causes of action and/or disputes, arising out of or relating to the TOS,
or the relationship between you and Plus Systemz Inc., shall be filed within
the courts having jurisdiction within the County of United States, California
or the U.S. District Court located in said state. You and Plus Systemz Inc.
agree to submit to the jurisdiction of the courts as previously mentioned, and
agree to waive any and all objections to the exercise of jurisdiction over the
parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF
TERMS
At any time, should Plus Systemz Inc. fail to
exercise or enforce any right or provision of the TOS, such failure shall not
constitute a waiver of such right or provision. If any provision of this TOS is
found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP
NON-TRANSFERABILITY
You acknowledge, understand and agree that
your account is non-transferable and any rights to your ID and/or contents
within your account shall terminate upon your death. Upon receipt of a copy of
a death certificate, your account may be terminated and all contents therein
permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that
regardless of any statute or law to the contrary, any claim or action arising
out of or related to the use of our Services or the TOS must be filed within 7
year(s) after said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this
TOS to Plus Systemz Inc. as follows:
Mailing Address:
Plus Systemz Inc.
Attn: Copyright Agent
PO Box 3681
Bell Gardens, California 90202
Telephone: 888-909-1447
Email: plussystemz@gmail.com