legal

legal

Welcome to the plusOne™ website (the “website”) for its plusOne products. (“plusOne”, “we”, “us” or “our”) provides the services available on the website to you subject to the following terms and conditions (the “terms and conditions”). By accessing or using the website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these terms and conditions.

1.  Privacy

Please review our privacy policy below, which also governs your visit to the website, so that you may understand our privacy practices.

2.  Accuracy of information

We attempt to be as accurate as possible when describing our products on the website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions or colors, or other content, set forth or available on the website are accurate, complete, reliable, current, or error-free.

3.  Intellectual property

All content available on the website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, software, and the compilation thereof (collectively the “content”) is and remains the property of plusOne, our affiliates, our partners or licensors, and is protected by United States and international copyright and other intellectual property laws. The trademarks, logos, and service marks displayed on the website (collectively, the “trademarks”) are and remain the registered and/or common law marks of plusOne, our affiliates, our licensors or that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

4.  Limited license

We grant you a limited, revocable, and non-exclusive license to access and make individual, private and non-commercial use (“personal use”) of the website subject to these terms and conditions. Please note that you may not frame or utilize framing techniques to enclose the website or any portion thereof without our written consent. The limited license set forth in this section 4 does not include the right to: (i) Modify or download the website or any trademarks or content or any other portion of the website (except caching or as necessary to view any of the foregoing); (ii) Make any use of the website or any trademarks or content or any other portion of the website other than personal use; (iii) Create any derivative work based upon either the website or any trademarks or content or any other portion of the website; (iv) Collect account information for your benefit or the benefit of another party; (v) Use any meta tags or any other “hidden text” utilizing our name or any trademarks or content or any other portion of the website without our express written consent; or (vi) Use software “robots”, “spiders”, “crawlers” or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. Any unauthorized use by you of the website or any trademarks or content or any other portion of the website terminates the limited license set forth in this section 4 without prejudice to any other remedy provided by applicable law.

5.  Third party links

We are not responsible for the content or operation of any product or service referred to on any off-website pages or any other websites linked to or from the website. Links appearing on the website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating and do not undertake to examine or evaluate, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit and/or to which you link.

6.  Submissions

We welcome inquiries or feedback on the products you use or might like to purchase, however it is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, concepts, know how or other information you provide us (collectively, “submissions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our privacy policy, by transmitting or posting any submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use reproduce, modify, adapt, publish, sell, assign, translate, create derivative, works from, distribute, and display any submission in any form, media, jurisdiction, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission may not be returned and we may use your submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. If you make a submission, you represent and warrant that you own or otherwise control the rights to your submission and that your submission is an original work of authorship. Ou further represent and warrant that such submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the the origin of any submission. You agree to indemnify us for all claims arising from your claims to any rights in any submission or any claims that your submission violates any third party rights.

7.  Representations and warranties; limitation of liability

The website is presented “as is.” We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the website, its content or any other portion of the website, including but not limited to warranties of merchantability, non-infringement, title or fitness for a particular purpose, unless such representations and warranties are not legally excludable under applicable law. You agree that we will not be responsible or liable, under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the website; (c) data non-delivery, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the website; (e) computer viruses, system failure or malfunction which may occur in connection with your use of the website, including during hyperlink to or from third party websites; or (f) events beyond our reasonable control. Further, to the maximum extent permitted by applicable law we will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) or any damages whatsoever related to or arising from the website regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).

8.  Indemnification

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting or arising from your use of the website. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorney’s fees, resulting from your use of software “robots”, “spiders”, “crawlers” or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

9.  Disputes

With respect to any dispute regarding the website, your rights and obligations and all actions contemplated by these terms and conditions shall be governed by the law of Massachusetts, as if the terms and conditions were a contract wholly entered into and wholly performed within Massachusetts. Any dispute relating in any way to your visit to or use of the website shall be submitted to confidential arbitration in Massachusetts, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in Massachusetts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American arbitration association. The Arbitrator’s award shall be binding and may be entered as a arbitration under this agreement shall be jolined to or consolidated with an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.

10.  General

You acknowledge and agree that these terms and conditions, together with our privacy policy, constitute the complete and exclusive agreement between us concerning your use of the website, and supersede and governa all prior proposals, agreements, or other communications relating to the subject matter herein. We reserve the right, in our sole discretion, to change these terms and conditions at any time by posting the changes on the website. Any changes are effective immediately upon posting to the website. Your continued use of the website constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these terms and conditions. You shall comply immediately with any termination or other notice, including as applicable, by ceasing all use of the website. Nothing contained in these terms and conditions shall be construed as creating any agency, employment relationship, joint venture, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself or of any other provision hereof. In the event that any provision of these terms and conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these terms and conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible our original objectives and intent as reflected in the original provision.

If you have any questions regarding these terms and conditions, please contact our legal department.

 

privacy policy

When you visit this website, we respect your privacy. It is important for you to understand what information we collect about you during your visit and what we do with aht information. Your visit to this website is subject to this privacy policy and our terms and conditions.

1.  Information collection and use

We do not collect personally identifiable information about you, except when you provide it to us. For example, if you decide to complete a survey or send us email/mail, you may be asked to provide certain information such as your contact information (name, email address and mailing address), gender, birthdate, age group, and the brand and products you use. If you submit your personally identifiable information on this website or via email/mail, you are giving your consent to the collection, use and disclosure of your personal information as set forth in this privacy policy. If you would prefer that we not collect any personally identifiable information from you, please do not provide us with any such information. The information you provide may be used by us to create and deliver to you our catalogs, surveys or other communications containing product information, sexual wellness tips or promotions. If you prefer not to receive email communications or our catalog, please see section 8 below.

When you visit this website or view one of our emails, we may use pixel tags (also called “clear” gifs) and/or similar technology to note some of the pages you visit on our website and personalize your experience. We may also use pixel tags to determine what types of email your browser supports. We may use the information collected through pixel tags in combination with your personally identifiable information as set forth in this privacy policy.

We may use the information you provide in aggregate form for internal business purposes, such as generating statistics and developing marketing plans. We will not sell or rent your personally identifiable information to third parties without your consent, except as disclosed in this privacy policy.

We may collect, store or accumulate certain non-personally identifiable information concerning your use of this website, such as information regarding which of our pages are most popular. We may share or transfer such non-personally identifiable information with or to our affiliates, licensees and partners.

We may disclose any information, including personally identifiable information,we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request.

2.  Cookies and log files

We may place a “cookie” on your computer’s hard drive so we can recognize you as a return user and personalize your experience. A cookie is a piece of data that enables us to track and target your preferences. The cookie will be stored on your computer’s hard drive until you remove it. You can have your browser notify you of, or automatically reject, cookies. If you reject our cookie, you may still use our website, but you may be limited in the use of some of the features. Some of our business partners may also use cookies on our website. However, we have no access to, or control over, these cookies and do not accept any responsibility for such use. In addition, we may use ip addresses to analyze trends, administer our website, track traffic patterns, and gather demographic information for aggregate use. Except as otherwise disclosed in this privacy policy, we will not use ip addresses in combination with your personally identifiable information without your prior consent.

3.  Third parties

We may retain other companies and individuals to perform functions on our behalf. Examples include data analysis firms, customer support specialists, web hosting companies, and fulfillment companies (e.g., companies that coordinate mailings). Such third parties may be provided with access to personally identifiable information needed to perform their functions, but may not use such information for any other purpose. Such third parties may also use the information collected in aggregate form for their internal business purposes, such as generating statistics for marketing materials.

4.  Links

This website may contain links to or from other websites. Please be aware that we are not responsible for the privacy practices of other websites. This privacy policy applies only to the information we collect on this website. We encourage you to read the privacy policies of other websites you link to from our website or otherwise visit.

5.  Security

We implement various security measures to protect the security of your personal information, both online and offline. If you have any questions about security at our website, you can email info@myplusOne.com

6.  Business transfers

As we continue to develop our business, we might sell certain assets. In such transactions, user information, including personally identifiable information, generally is one of the transferred business assets, and by submitting your personal information on the website you agree that your data may be transferred to such parties in these circumstances.

7.  Notification of changes

We may revise this privacy policy from time to time. If we decide to change our privacy policy, we will post the revised policy here. As we may make changes at any time without notifying you, we suggest that you periodically consult this privacy policy. Please note that our rights to use your personally identifiable information will be based on the privacy policy in effect at the time the information is used.

8.  Choice/opt-out

When you complete a feedback form or one of our surveys, you may opt-out of receiving future email communications from us. You may change your email preferences at any time by clicking the “unsubscribe” link at the bottom of each email you receive from us or by emailing us at info@myplusOne.com.

9.  Comment

We have taken great measures to ensure that your visit to our website is an excellent one and that your privacy is constantly respected. If you have any questions, comments or concerns about our privacy practices, please contact us by email at info@myplusOne.com.

 

special giveaways

GIVEAWAY RULES:

By submitting an entry to the Repair a Broken Heart giveaway (hereafter “giveaway”), sponsored by Clio of 85 Wells Avenue in Newton, MA USA, you acknowledge that you have read and agree to be bound by these Official Rules and the decisions of Clio, and that you satisfy all eligibility requirements.

The giveaway is open to residents of the U.S., 18 years old or older at time of entry. Employees of Clio, its respective parent, subsidiaries, affiliates, advertising and promotion agencies, distributors, merchants involved with this giveaway, and their immediate family members and/or those living in the same household of each are not eligible to enter or win. This giveaway is subject to all applicable U.S. federal, state and local laws and regulations. Void where prohibited by law. No purchase necessary to enter or win. A purchase will not improve your chances of winning.

 

HOW TO ENTER:

To enter the giveaway, follow all onscreen instructions to complete and submit the online entry form (“Primary Entry”). All entries must be received by the 13 February 2019 but no sooner than 25 January 2019. Online entrants subject to all notices posted online including but not limited to Clio’s privacy policy.

 

PRIZES & APPROXIMATE RETAIL VALUES (“ARV”):

Maximum ARV of prize: $100. If any winner is unable to receive their prize within 10 days of confirmation of their winning, then prize will be forfeited, and an alternate winner may be selected in accordance with these Official Rules from among the remaining eligible entries for that prize. Prizes may not be transferred or assigned to other people.

 

ODDS OF WINNING:

Odds of winning depend on number of eligible entries received during the giveaway entry period.

 

PARTICIPATION RULES AND WINNER SELECTION:

Winner will be selected in a random drawing from all eligible entries received. Random drawing will be conducted on or about 13th Feb 2019 by a representative from Clio – and all decisions shall be final. Winners will be notified by email and will be required to complete and return an email confirmation of prize acceptance, including their ship-to address for the price as well as possibly an Affidavit of Eligibility and Liability and a Publicity Release (“Affidavit/Release”) within 7 days of notification, or an alternate winner may be selected. If a potential winner cannot be contacted, or if Affidavit/Release is returned as undeliverable or if the selected winner cannot accept or receive the prize for any reason within 10 days, or he/she is not in compliance with these Official Rules, the prize will be forfeited and may be awarded to an alternate winner. If a winner is otherwise eligible under these Official Rules, but is nevertheless deemed a minor in his or her state of primary residence, the prize will be awarded in the name of winner’s parent or legal guardian who will be required to execute affidavit on minor’s behalf. No substitutions are permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. Prize is not redeemable for cash and non-assignable and non-transferable except to a surviving spouse. Winner is responsible for all federal, state, local sales and income taxes. Any other incidental expenses on prize not specified herein are the sole responsibility of winner. Entry and acceptance of prize constitute permission to use winner’s name, prize won, hometown and likeness for online posting and promotional purposes without further compensation, except where prohibited by law. Limit: one prize per person. Prizes are guaranteed to be awarded.

Participating entrants agree to these Official Rules and the decisions of Clio, and release, defend and hold harmless Clio and its affiliated companies, and all other businesses involved in this giveaway, as well as the employees, officers, directors and agents of each, from all claims and liability relating to their participation, acceptance and use or misuse of prize. Winner assumes all liability for any injury or damage caused or claimed to be caused, by participation in this giveaway or use or redemption of prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the giveaway or in the announcement of the prize.

Winner acknowledges the Sponsor and all other businesses concerned with this giveaway and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative the quality, conditions, fitness or merchantability of any aspect of prize.

In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the “Authorized Account Holder” of the e-mail address submitted at time of entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices will be void. The Sponsor is not responsible for: (i) lost, late, misdirected, damaged, illegible or incomplete entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the giveaway. By participating in the giveaway, you (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Clio, which are final and binding in all matters relating to the giveaway. Failure to comply with these Official Rules may result in disqualification from the giveaway. Clio reserves the right to permanently disqualify from any giveaway it sponsors any person it believes has intentionally violated these Official Rules and cancel the giveaway if it becomes technically corrupted (including if a computer virus, bot or system malfunction inalterably impairs its ability to conduct the giveaway), and to select winner from among all eligible entries received prior to withdrawal. Legal Warning: ANY ATTEMPT BY AN individual, whether or not an ENTRANT, TO DELIBERATELY DAMAGE, destroy, tamper or vandalize this WEB SITE OR interfere with the OPERATION OF THE GIVEAWAY, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS and CLIO RESERVES THE RIGHT TO SEEK DAMAGES and diligently pursue all remedies against ANY SUCH individual TO THE FULLEST EXTENT PERMITTED BY LAW.

 

ARBITRATION:

This giveaway shall be governed by and interpreted under the laws of the Commonwealth of Massachusetts.

 

CONFIDENTIALITY AND PERSONAL INFORMATION:

Information provided by you to participate in this Giveaway is subject to plusOne’s privacy policy located at https://myplusone.com/legal/

The personal information collected from each entrant in the course of the giveaway will be used by myplusone.com for the purposes of administration of the giveaway and as otherwise permitted in accordance with plusOne’s Privacy Policy. Entrants email addresses will be added to the Clio and/or plusOne email marketing database – for which the entrant may opt-out at any time. See myplusone.com Terms of Service for more information. Clio reserves the right to alter any rules of any giveaway at any time. If you have any questions or complaints about this giveaway please contact info@myplusone.com.