Last Updated: December 03, 2011
NetPlenish, Inc. (“NetPlenish,” “we,” “our” or “us“) provides this website www.netplenish.com (the “Site,” “NetPlenish Site“) to access the NetPlenish services (the “Offered Services“) for your use.
Your access to and use of the NetPlenish Site is subject to the provisions contained in this document (“Terms of Use“). Please read these Terms of Use carefully before accessing or using the NetPlenish Site in order to fully understand your rights and responsibilities.
By accessing or using the NetPlenish Site, you signify your agreement with these Terms of Use. These Terms of Use are agreed to by and between you and NetPlenish. In consideration for your use of and access to the NetPlenish Site, and the promises and obligations in these Terms of Use, and intending to be legally bound, you and NetPlenish agree to all of these Terms of Use. Please print a copy of these Terms of Use for your reference.
If you do not agree to these Terms of Use, do not access or use the NetPlenish Site, and instead contact NetPlenish in writing using the contact information at the end of these Terms of Use.
NetPlenish reserves the right to modify or amend these Terms of Use at any time. All changes shall be effective immediately upon their posting. Material changes will be posted conspicuously on the NetPlenish Site. Users who have created a NetPlenish account (“Netplenish Members” or “Members“) will also be notified of material changes to these Terms of Use when logging on to the site or by email.
You agree that accessing or using the NetPlenish Site after such changes are posted constitutes your acceptance and consent to all such changes.
Offered Services
The NetPlenish Site is a forum for you to order consumable products, which products are produced and distributed by third parties. NetPlenish has no liability for any such products, which are provided by NetPlenish “AS IS” and “WITH ALL FAULTS.”
NetPlenish Site Information
Information displayed on the NetPlenish Site and the Offered Services available through the Site are subject to modification without notice. NetPlenish reserves the right to modify such information and add or discontinue the Offered Services without any obligation to notify past, current or prospective NetPlenish Site users. Information regarding NetPlenish’s Offered Services is applicable only in the United States unless otherwise noted. Some Offered Services may not be available in certain areas. NetPlenish makes no representations that the materials on the NetPlenish Site are appropriate or available for use in all states or other countries besides the United States. Those who do access the NetPlenish Site from other countries are solely responsible for compliance with the laws of such country.
All offers set forth on the NetPlenish Site are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.
Intellectual Property Rights
Copyright 2011-Now. All rights reserved.
All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on the NetPlenish Site are copyrighted by NetPlenish, unless otherwise noted. The distinctive and original layout and presentation of the NetPlenish Site also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to NetPlenish appear throughout the NetPlenish Site. The NetPlenish Site may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to NetPlenish or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.
Use of NetPlenish Site
NetPlenish grants you a limited, revocable and non-exclusive license to access and use the Site for your own personal use. Under this license, you agree (i) not to download (other than page caching) or modify the Site, or any portion of the Site, except with express written consent of NetPlenish; (ii) not to resell or make other commercial use of the Site, its contents, or the Offered Services; (iii) not to collect, aggregate, or make the product listing, description, or prices available to third parties, other than for your own personal and non-commercial use; (iv) not to use the Site or Offered Services for any derivative use not authorized by NetPlenish; (v) not to download or copy any account information that is not your own; (vi) not to use data mining, bots, or similar data gathering and extraction tools; and (vii) not to reproduce, duplicate, copy, sell, resell, or otherwise use the Site for any commercial purpose. The license to use the Site will be terminated upon any unauthorized use.
No Liability
In no event shall NetPlenish or any of its officers, representatives, directors, employees, consultants, or agents be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of the NetPlenish Site or any linked website or to any material, information, data, products, or Offered services obtained through the NetPlenish Site, or otherwise arising out of your use of the NetPlenish Site, your inability to use the NetPlenish Site or any decision made or action taken by you in reliance of any information, advice or materials provided on the NetPlenish Site, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if NetPlenish has been advised of the possibility of such damages. Your sole and exclusive remedy is to discontinue your access to and use of the NetPlenish Site.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.
No Warranty
NetPlenish makes all commercially reasonable efforts to ensure that all material, information, and data on the NetPlenish Site are accurate and reliable; however, accuracy cannot be guaranteed.
The NetPlenish Site and NetPlenish Services are provided by NetPlenish on an “AS IS” basis. NetPlenish disclaims all warranties with respect to the NetPlenish Site, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. NetPlenish makes no warranty or representation regarding the results that may be obtained from use of the NetPlenish Site, or use of material, products, information or data downloaded or otherwise obtained from the NetPlenish Site, such as the Offered Services, or regarding the accuracy or reliability of any information obtained from the NetPlenish Site. NetPlenish does not warrant or guarantee (1) the accuracy, completeness, correctness, timeliness, or usefulness of the NetPlenish Site or any material, products, prices, or information accessed, downloaded or otherwise obtained through use of the NetPlenish Site or (2) that use of the NetPlenish Site or any materials or products on the NetPlenish Site will meet any user’s requirement to be uninterrupted, timely, secure or error-free. NetPlenish shall have no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communication.
The internet is inherently unreliable. As a result, NetPlenish does not warrant that the NetPlenish Site or your access to the NetPlenish Site will be uninterrupted or error-free, or that defects in the NetPlenish Site will be corrected. NetPlenish does not warrant or make any representations regarding the use or the results of the use of the materials in this NetPlenish Site in terms of their correctness, accuracy, reliability, or otherwise.
You acknowledge and agree (1) that your use of the NetPlenish Site is at your own discretion and risk, (2) that use of any material, products, information or data downloaded or otherwise obtained through the use of the NetPlenish Site is at your own discretion and risk, and (3) that you are solely responsible for any damage to your computer system for loss of data that results from use of the Site or from the download of any material, products, information or data, and for any other form of damage that may be incurred. NetPlenish does not warrant or guarantee that files or other materials and information available through the NetPlenish Site will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system.
None of the parties involved in creating, producing, or delivering the NetPlenish Site or its content, including without limitation NetPlenish, shall be liable to users of the NetPlenish Site for any damage resulting from use of the NetPlenish Site or use of material, products, information or data downloaded or otherwise obtained from the NetPlenish Site.
No advice or information, whether oral or written, obtained by you from NetPlenish or in any manner from the NetPlenish Site shall create any warranty.
Third-Party Websites
The NetPlenish Site may link to, or be linked to, other websites not maintained by or related to NetPlenish (“Third-Party Websites“). Such links are provided only as a service to our visitors. NetPlenish is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked or linking website, unless specifically stated therein. NetPlenish has not reviewed all such websites and is not responsible for the content, accuracy, or policies of any such websites. Your visit to any linked Third-Party Website is at your own risk.
Privacy Policy
By your access and use of the NetPlenish Site, you hereby agree to the terms of the NetPlenish Privacy Policy, which are incorporated into these Terms of Use by this reference.
Indemnification
You agree to indemnify, defend and hold harmless NetPlenish, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation attorneys’ fees) arising from or related to your use of the NetPlenish Site, your use of any material, products, description, prices, information or data accessed, downloaded or otherwise obtained from the NetPlenish Site, or your violation of these Terms of Use, including without limitation, your infringement of any intellectual property or other right of NetPlenish or any other person or entity.
Interpretation and Disputes
These Terms of Use are governed by the laws of the United States and the State of California, without regard to any conflict of laws provisions. Venue shall be proper exclusively in Ventura County with respect to any dispute arising under these Terms of Use, unless otherwise specifically agreed by NetPlenish in its sole discretion. In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs. If any provision of these Terms of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable then the provision shall be severed and the remaining terms of these Terms of Use shall be interpreted and read to give them maximum enforceability. Any cause of action or claim against NetPlenish with respect to the NetPlenish Site must be commenced within one (1) year after the action or claim arises.
Entire Agreement
By accessing and using the NetPlenish Site, you hereby agree to these Terms of Use. These Terms of Use, together with the NetPlenish Privacy Policy,and any agreement(s) relating to the Offered Services constitute the entire agreement between you and NetPlenish with respect to your access and use of the NetPlenish Site and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by NetPlenish. These Terms of Use will inure to the benefit of NetPlenish’s successors and assigns.
Electronic Communications
You acknowledge that these Terms of Use are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms of Use and any other documentation, agreements, notices or communications between you and NetPlenish may be provided to you electronically. Please print a copy of all such documentation, agreements, notices, or other communications for your reference.
Contacting Us
If you have any other questions or concerns regarding these Terms of Use, please contact us at [email protected] or you can send correspondence to the following address:
NetPlenish
505 Poli Street, Suite 308
Ventura, CA 93001