LAST UPDATED: January 25, 2021
We reserve the right to take any such action as we deem necessary in the event that we suspect any fraudulent or unlawful activity, including without limitation, suspending or terminating access to the Site, suspending or terminating any plusOne accounts and/or cancelling any order for products.
2. Use of the Site
You will not use the Site for junk mail, ‘spamming’ solicitations (commercial or non-commercial), chain letters or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.
You will not transmit, distribute, introduce or otherwise make available in any manner through the Site any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, “Viruses”). We do not have an obligation to detect the presence of such Viruses. You may not use the Site in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or information about other users of the Site. You may not use any data mining, robots, or similar data gathering and extraction tools in connection with the Site. If you download software or any other content from the Site, you do so at your own risk.
3. Account Registration
4. Copyright and Trademarks
Certain trademarks, trade names, service marks and logos, icons and domain names used or displayed on the Site are registered and unregistered trademarks, trade names and service marks owned by plusOne. Other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks owned by their respective owners and used with permission by plusOne. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Site without plusOne’s written permission or the written permission of such third-party owner.
5. User Communications
You are prohibited from posting, uploading, submitting, sharing or transmitting any unlawful, threatening, infringing, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. We will fully cooperate with any law enforcement or regulatory authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.
We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We act merely as a medium for distribution of User Communications and will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You agree to notify plusOne of any objectionable User Communications. We may remove any or all User Communications.
We may suspend or terminate your use of the Site at any time, for any reason or for no reason. We may change, suspend, or discontinue all or any aspect of the Site at any time without notice. Additionally, we may cancel any order placed through the Site at any time in our sole discretion.
8. Purchasing Products
We attempt to describe our products as accurately as possible. However, we do not warrant that any product description or other content on the Site will be accurate, complete, reliable or error-free. If a product purchased on the Site does not conform to the product description, your sole and exclusive remedy is to return the unused product. We also strive to display the colors of products as accurately as possible, but the appearance of colors on the Site may be affected by the monitor on your computer, and accordingly we cannot guarantee that your monitor will accurately depict the actual colors of products.
The price for any item purchased from the Site is not confirmed until your order is accepted by plusOne. Although we strive to make our Site pricing as accurate and up to date as possible, the price you receive at order acceptance may differ from the price displayed for the product on the Site. Products displayed on the Site may be out-of-stock or discontinued, and prices are subject to change.
We stand behind the products we sell and the service that we provide to our customers and aim for complete satisfaction. Customer service and satisfaction is at our core so if you are not happy with your purchase for any reason we will do our best to make it right. See our return policy immediate below.
9. Return Policy
Except for items specifically identified as “final sale” or otherwise not returnable, we accept returns and exchanges postmarked within sixty (60) days from the date your order was shipped as long as the returns are received by plusOne in new condition. This means that the returns must be unused, with all original packaging, and not damaged.
- Return of items purchased through the Site.
In order to process the return of an item purchased through the Site, please sign into your plusOne account and locate the relevant order using the navigation menu on the left-hand side of your screen. Select the relevant item(s) on the order to be returned, and submit the items for return processing by clicking the return link. A plusOne customer service representative will email you at the email address listed in your account with a link to a self-service portal where you may print the return shipping label. Please tape this label to the outside of your return packaging and send the product back to us. Upon our receipt of the product and final approval of the return, we will refund the amount of your purchase price using the payment method used to purchase the item(s).
- Return of defective items purchased through a third-party retailer.
In order to process the return of a defective item purchased with in the two-year warranty period through a third-party retailer, please visit the plusOne Support page of the Site. Select the “other retailer” option, which will bring you to the plusOne “Returns and Refunds” page. Once you complete the return form, a plusOne customer service representative will email you at the email address you provide to us with return shipping instructions. Upon our receipt of the returned product and final approval of the return, we will refund the amount of your purchase price by mailing a check to you at the address you provide.
Shipping and handling charges are not refundable. We do not take title to returned products until the item arrives at our returns department. Alternative return policies may apply to particular products and product lines.
If you have any questions about our returns process, please contact customer service at email@example.com for assistance.
10. Pricing Policy
Although we make reasonable efforts to provide accurate pricing information and product descriptions, pricing mistakes, typographical errors or mistakes regarding product availability may occur. We may correct such mistakes and errors. We cannot guarantee that information displayed on the site is 100% accurate. In the event that a product is listed at an incorrect price or a product description is inaccurate, we may reject any order or to cancel any orders placed for that product. In those circumstances, if your credit card has already been charged, we will issue a credit to your credit card within a commercially reasonable amount of time.
We may limit or impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion.
11. Payment Information.
To make purchases through the Site you must submit credit card information. You represent and warrant to plusOne that such information is true and that you are authorized to use the payment instrument. You authorize plusOne to use any updated credit card information submitted by your credit card company directly to plusOne. If you dispute any charges, you must inform plusOne within 10 days of the charge.
12. Sales Tax.
We reserve the right to collect sales tax in any state or jurisdiction if we believe that such collection is required by law.
For states imposing sales or use taxes, your purchase may be subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. You may have a tax obligation in states where plusOne does not collect sales tax. Details of how to report these taxes may be found at the websites of your respective taxing authorities.
This Site may contain links to other websites that are not owned, operated or controlled by plusOne or its affiliates (each a “Third-Party Site”). All such links to Third-Party Sites are provided solely as a convenience to you. If you use these links, you will leave our Site. We are not responsible for your access to or use of any Third-Party Site. We do not endorse, guarantee, or make any representations or warranties regarding any Third-Party Site, or any content or information accessible from such Third Party Sites, or the results that you may obtain from using any Third-Party Site. If you access any Third-Party Site linked to or from the Site, you do so entirely at your own risk.
If you intend to create any link from another website to any page on this Site, you will inform us via email at: firstname.lastname@example.org. We may prohibit any such link at any time. Any permitted links to the Site must comply with all applicable laws, rules, regulations and orders and any applicable plusOne policies. Running or displaying the Site or any Content in frames or similar means on another website without our prior written permission is prohibited.
14. Product Warranty; Disclaimer of Warranties
We warrant for a period of two (2) years after purchase date that plusOne-branded products are free from defects in manufacturing and materials. This is not a guarantee against normal wear and tear.
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND CONTENT IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY SET FORTH IN THE PARAGRAPH ABOVE, THE SITE, CONTENT AND ANY PRODUCTS PURCHASED FROM THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THE PARAGRAPH ABOVE, PLUSONE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, CONTENT AND ANY PRODUCTS PURCHASED FROM THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
PLUSONE MAKES NO WARRANTY THAT THE SITE, CONTENT OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE, THE CONTENT OR YOUR USE THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR FREE.
PLUSONE DOES NOT GUARANTEE OR WARRANT THAT THE SITE, THE SERVER OR ANY CONTENT WILL BE FREE OF INFECTION FROM VIRUSES, WORMS, OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK.
THE WARRANTY DISCLAIMERS SET FORTH IN THIS SECTION 14 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
15. Limitations of Liability
IN NO EVENT WILL PLUSONE BE LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (AND DAMAGES FROM LOST PROFITS, INTERRUPTION OF BUSINESS, LOST DATA), WHETHER FORSEEABLE OR NOT, WHICH MAY ARISE OUT OF YOUR ACCESS TO, INABILITY TO ACCESS, OR YOUR USE OF THE SITE OR CONTENT OR RESULTING FROM ANY PRODUCTS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OUR SOLE LIABILITY FOR ANY REASON TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT PURCHASED BY YOU FROM US THROUGH OUR SITE.
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 15 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
17. Governing Law; Disputes; Arbitration; Class Action Waiver
YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT YOU MAY BRING CLAIMS AGAINST PLUSONE ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR SIMILAR CONSOLIDATED ACTION.
18. Remedies for Breach of these Terms by You
If your ability to access and/or use the Site or any other service provided to you by plusOne is discontinued by us hereunder, then you agree that you shall not attempt to re-register with or access the Site, any other service provided by plusOne, through use of a different member name or otherwise.
19. Use of the Site Outside of the United States
We make no representation that information available in connection with the services provided by plusOne is appropriate or available for use outside the United States. If you access the Site and our services from outside the United States you do so on your sole initiative and risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.
20. Copyright Complaints
We respect the intellectual property of others, and we expect users of the Site to do the same. Pursuant to Title 17 U.S.C. § 512(c), if you believe that your work has been copied and is accessible on our Site in a way that constitutes copyright infringement, you may notify our designated Copyright Agent at the following:
Clio Designs Incorporated
85 Wells Ave. Suite 106
Newton, MA 02459
or, via e-mail to: email@example.com
All claims of copyright infringement must be in writing and must include the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on our Site where the material that you claim is infringing your copyright interest is located; (iv) your address, telephone number, and email address; (v) 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; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Access to and use of the Site is made available only to people who can form legally binding agreements under applicable law. Pursuant to Title 47 U.S.C. § 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material and information that is harmful to minors. Information identifying current providers of such protections is available at the GetNetWise website http://www.getnetwise.org/ (GetNetWise is not owned, operated, endorsed by or affiliated with plusOne).
23. Contact Us
We welcome your comments and questions. Please contact us at: firstname.lastname@example.org.
Clio Designs Incorporated Copyright 2021. All rights reserved.