Terms & Conditions
These Terms & Conditions were last updated on: August 20, 2018
AGREEMENT BETWEEN USER AND Plexus Tech Inc.
Plexus Tech Inc. owns and operates a number of different websites, mobile apps, and interactive services, including without limitation fotobooks.io, myHopz.com, mealHogz.com, and others (collectively, the "Plexus Tech Applications"). This terms and conditions ("Terms") applies to the Plexus Tech Applications and to all of the features, mobile applications, emails, online services and other functionalities (collectively, the "Features") available via or related to the Plexus Tech Applications, whether accessed via a computer, mobile device, or otherwise (collectively, the “Plexus Tech Applications and Features”) and the services available on or through the Plexus Tech Applications and Features (the "Services").
Plexus Tech Applications is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Plexus Tech Applications constitutes your agreement to all such terms, conditions, and notices. When you create an account at Plexus Tech Applications, you accept these terms and conditions.
We may post additional terms, official rules, or agreements that apply to certain services, applications, activities, and features we offer or provide at or through certain Plexus Tech Applications and Features (“Additional Terms”), and you may be subject to such Additional Terms when you access those services, applications, activities and/or features. In the event of any conflict between the terms of the Additional Terms (on the one hand) and these Terms (on the other hand), these Terms shall prevail unless expressly otherwise stated in the Additional Terms, which are intended to supplement, but not replace, these Terms.
Please don’t hesitate to contact us with any questions regarding these Terms or any Additional Terms. You can reach us by using the "Contact Us", "email@example.com".
To use Plexus Tech Applications Services accessed at www.fotobooks.io, www.myhopz.com, www.mealhogz.com (the "Site") or mobile applications, you must register an account with Plexus Tech Applications.
You may connect to the Services using any Internet browser and/or a mobile application. You are responsible for:
- information submitted to the Services under Your user name and password ("Registration Data");
- treating Your user name and/or password as confidential, and not disclosing it to any third party;
- the accuracy, quality and legality of all Registration Data You submit to the Service and the means by which You acquired such Registration Data;
- using commercially reasonable efforts to prevent unauthorized access to or use of the Service;
- promptly notifying Plexus tech Applications of any unauthorized use of or access to the Services; and
- providing reasonable assistance to Plexus Tech Inc in investigating and preventing the recurrence of such unauthorized use or access. Plexus tech Inc is not liable for any loss or damage arising from Your failure to protect Your Registration Data.
You are responsible for obtaining access to the Internet and the equipment necessary to use the Service. If You use Your Facebook, Instagram iPhone Favorites or other photo source login(s) to register Your account, You are authorizing us to access certain information in Your Facebook and/or Instagram account.
Subject to Your compliance with the terms of this Agreement, Plexus Tech Inc grants You a personal, limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during the term of this Agreement, whether accessed via an Internet browser, smartphone, tablet or other device: (a) solely in object code form; and (b) solely via a device that meets the minimum technical requirements necessary to run the Service (as determined by Plexus Tech). Plexus Tech, in its sole discretion, may make updates, upgrades or other new releases of the Service available to You.
Plexus Tech will employ reasonable measures to provide You with access to the Service. However, there will be occasions when the Service will be interrupted for maintenance, upgrades for emergency repairs, or due to the failure of telecommunications links or equipment or other circumstances that are beyond Plexus Techs' reasonable control. When possible, Plexus Tech will take reasonable steps to minimize such disruptions within Plexus Techs' control.
Plexus Tech may, in its sole discretion, change, modify, add, or remove portions, features or functions from the Service, or suspend or discontinue the Service or any portion thereof (temporarily or permanently and whether pursuant to a modification of the Service or otherwise), without notice or liability to You or to any third party (except that, in the event of a complete discontinuation or scheduled suspension of the Service, Plexus Tech will use reasonable efforts to provide You with actual notice, rather than merely constructive notice, as soon as commercially practicable under the circumstances). You agree that Plexus Tech shall not be liable to You for any modification, suspension or discontinuance of the Service or any features or functions thereof.
The Services may contain or require the use of open-source software, public-source software, "copyleft" software, shareware, freeware and similar software, and other third party software or materials, which in each case is embedded in the Service or provided by Plexus Tech in connection with the Service ("Separately Licensed Software"). Your use of Separately Licensed Software is governed by the separate license terms specified by Plexus Tech. This Agreement does not apply to Separately Licensed Software, and Plexus Tech hereby disclaims all warranties with respect to any Separately Licensed Software and disclaims any liability to You or any third party based on any claims arising out of use of Separately Licensed Software. Nothing in this Agreement limits an end user’s rights under, or grants the end user rights that supersede, the terms of any applicable Separately Licensed Software end user license agreement.
Links To Third Party Sites
Plexus Tech Applications may contain links to other Web Sites ("Linked Sites") and Apps. The Linked Sites and Apps are not under the control of Plexus Tech, Inc. and Plexus Tech, Inc. is not responsible for the contents of any Linked Site and App, including without limitation any link contained in a Linked Site and App, or any changes or updates to a Linked Site and Apps. Plexus Tech, Inc. is not responsible for any other form of transmission received from any Linked Site and Apps. Plexus Tech, Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Plexus Tech, Inc. of the site or any association with its operators.
If you are accessing the Plexus Tech Applications and Features via any of our applications available via third parties (collectively "Third Party Outlets") including, without limitation, Apple, Inc.'s "App Store" or Google, Inc.’s “Google Play” store, you acknowledge and agree that these Terms are entered into by and between you and the Company only, and that none of the Third Party Outlets are party to these Terms. The Third Party Outlets are not sponsors to, nor in any way affiliated with, any of the Company’s Promotions (defined below), nor any of our Services or the Plexus Tech Applications and Features.
No Unlawful or Prohibited use
As a condition of your use of the Plexus Tech Applications, you warrant to Plexus Tech, Inc. that you will not use Plexus Tech Applications for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Plexus Tech Applications in any manner which could damage, disable, overburden, or impair Plexus Tech, Inc. or interfere with any other party's use and enjoyment of Plexus Tech Applications. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Plexus Tech Applications. You are eighteen (18) years of age or older. If you are under the age of 18, you are not allowed to use the Plexus Tech Applications and Features nor our Services. Some offerings on the Plexus Tech Applications and Features or our Services may be subject to additional age restrictions.
Contests and Promotions
Any contests or promotions (collectively, "Promotions") that may be offered via any of the Plexus Tech Applications and Features or our Services may be governed by Additional Terms, which may set out eligibility requirements, such as certain age or geographic area restrictions, terms and conditions, and details governing how your personal information may be used. It is your responsibility to read all Additional Terms to determine whether or not you want to or are eligible to participate, enter or register in or for the Promotions. By participating in a Promotion, you will be subject to the Additional Terms and you agree to comply with and abide by such Additional Terms and the decisions of the sponsor(s) thereof. The Third Party Outlets are in no way associated with the Company's Promotions.
The Company may offer one or more rewards programs ("Rewards Programs") under which you may have the opportunity to earn points (in the Plexus Tech Applications, such points are called "Reward Points), which are redeemable for rewards. Not all of the Plexus Tech Applications and Features may offer Rewards Programs, however, and Rewards Programs may include Additional Terms that apply to your participation in activities allowing you to earn points (collectively, "Activities"). The Company may limit, suspend or terminate your ability to participate in a Rewards Program in its sole and absolute discretion, and may void any points, rewards, or potential rewards you may have earned or accumulated in a Rewards Program, if we determine in our sole discretion that you have not complied with these Terms or any Additional Terms applicable to such participation. You agree to abide by the final and binding decisions of the Company regarding any Rewards Program and your participation in it. We reserve the right to change, suspend, or cancel all or a portion of a Rewards Program, including any reward points you may have accrued, at any time without prior notice to you.
Points can be earned in a Rewards Program by participating in certain Activities, as described in the applicable Plexus Tech Applications and Features. If you choose to participate and follow the instructions associated with an Activity, upon satisfying all of the requirements of the Activity, you will be awarded the reward points associated with completing that Activity so long as the Company and/or its third-party Rewards Program affiliates are able to properly track your valid and completed point-earning Activities. For avoidance of doubt, Company shall not be responsible for, nor shall Company be obligated to award reward points or rewards to Rewards Program participants for, any Activity that is not properly recorded, tracked and/or deemed approved under Company’s or its third-party Rewards Program affiliates' policies, procedures and systems. There may be limitations on Activities and rewards, so please be sure to review all applicable Additional Terms before deciding whether or not you would like to participate. For example, we reserve the right to request and verify receipts of completed purchases prior to or in connection with the awarding of points for shopping Activities in order to verify with the applicable merchant that such purchases are valid. Some of the limitations on Activities and rewards include (without limitation), our right to change or limit your ability to participate in certain Activities or the Rewards Program itself; our right to change or limit the allowable frequency of Activities; our right to change or limit the number of points you can earn for a given Activity or during a given time period; and our right to change the Activities or rewards available, or the number of reward points required for a particular reward. Reward Points awarded have no cash value.
You may redeem reward points you have earned for rewards offered in a Rewards Program pursuant to these Terms and any applicable Additional Terms. Supplies may be limited. Rewards may be awarded on a first-come, first-serve and while-supplies-last basis. If you attempt to redeem reward points for a reward and the Company determines that the reward is unavailable, out of stock, or for whatever reason cannot be provided to you, the Company may, at its sole and absolute discretion, provide you with a reward of equal or greater value. No credit, reversal, or refund of points will be issued for any reason after points have been redeemed; in other words, once you order a reward, you may not cancel the reward or return the reward for a refund of reward points. The only way to use reward points is to redeem them for Rewards Program rewards as available from time to time through the fotobooks, myHopz, mealHogz, or other applicable Rewards Program redemption applications, as applicable. Some rewards may have eligibility requirements and in that case the Company reserves the right to verify your identity (by requesting photocopy of your driver’s license or state ID card, or other proof as we may require) and eligibility qualifications to our complete satisfaction prior to crediting points or fulfilling any reward in any Rewards Program, or otherwise providing you with any benefit.
Delivery of Rewards
Rewards may be delivered through the Plexus Tech Applications for the applicable Rewards Program. Processing times may vary. Rewards that are undeliverable or unclaimed for whatever reason (including, without limitation, because your Account information is incorrect or outdated) may be forfeited, and the points will not be refunded.
Rewards Program Points Nontransferable
Rewards Program points are nontransferable, may not be bartered or sold, and are void if a transfer is attempted, and such points and the associated Account are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law.
Any Account that has not been logged into and points either earned or redeemed for one year or more may be deemed inactive and the Account closed. In such instances, to request Account reactivation (subject to such terms, limitations and requirements as we may impose from time to time) you may reach us by using the "Contact Us", "firstname.lastname@example.org". We may modify our inactive Account rules and policies in our Rewards Programs from time to time, and if your Account becomes inactive pursuant to such then-current rules or policies, we may close your Account, without any compensation or further obligation to you.
Any points in our Rewards Programs that have not been redeemed for two (2) years from the time such points were earned or awarded may be deemed expired and removed from your Account. We may modify our points expiration rules and policies for any points in our Rewards Programs from time to time, and if your points expire pursuant to such then-current rules or policies, we may remove such points from your Account, without any compensation or further obligation to you regarding the expired points.
You agree not use any features of Plexus Tech Applications for chain letters, junk mail, or "Spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by Plexus Tech Inc. If you use any features of Plexus Tech Applications for the purpose of sending Spam, your right to use Plexus Tech Applications immediately terminates and Plexus Tech Inc. reserves the right to seek appropriate legal recourse, as necessary. You agree that Plexus Tech Inc. may, at its sole discretion, immediately remove any communications that it reasonably believes constitutes "Spamming," including removal of any contact information related thereto. If you believe that others are using Plexus Tech Applications for spam purposes, please notify us by emailing at email@example.com. Please note that by posting a public event you are consenting to receive, and authorizing Plexus Tech Inc. to forward to you, emails from other users. Such messages are not included in the above definition of Spam.
- Your use of the Services may be purchased on a one-time basis or on an on-going basis (Subscription Model). For subscriptions You will be charged on every beginning of the Calendar month; then-current pricing. All applicable fees will be charged to the credit card last used by You (the "Fees"). If Your credit card cannot be charged and no other credit card is on file with Plexus Tech Applications, Plexus Tech will terminate your access to the Service.
- The Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties. You will be billed, and payments will be made, in U.S. dollars.
- Plexus Tech may increase the Fees from time to time, in its sole discretion. In addition, Plexus Tech reserves the right to charge for use of Services that are currently available free of charge. You will not be charged for using any Service unless You have opted in to pay for such Service.
You acknowledge that the Plexus Tech Applications and Features have been developed, compiled, prepared, revised, selected and arranged by the Company and others through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of the Company and others. It is our policy to enforce these intellectual property rights to the fullest extent permitted under law. The trademarks, logos and service marks ("Marks") displayed on the Plexus Tech Applications and Features are the property of the Company or third parties and cannot be used without the written permission of the Company or the third party that owns the Marks. The Plexus Tech Applications and Features are also protected as a collective work or compilation under U.S. copyright and other foreign and domestic laws and treaties. Users are prohibited from using (except as expressly set forth herein), transferring, disposing of, modifying, copying, distributing, transmitting, broadcasting, publicly performing, displaying, publishing, selling, licensing, or creating derivative works of any content on the Plexus Tech Applications and Features or our Services for commercial or public purposes. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in any copyright, trademark, patent or other intellectual property right of the Company or any third party. The Company exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the Plexus Tech Applications and Features and related to our Services, and all modifications and derivative works thereof, and all intellectual property rights related thereto.
You agree that you will not engage in any activity that interferes with or disrupts the Plexus Tech Applications and Features or our Services (or the servers and networks which are connected to our Services) or use any service to manipulate your computer or other device to gain any advantage on any of our programs. Unless you have been specifically permitted to do so in a separate written agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell our Services for any purpose. You further agree that your use of the Plexus Tech Applications and Features and our Services shall not be fraudulent or deceptive, or unlawful, as determined in our sole and absolute discretion. You shall also comply with all usage rules found throughout the Plexus Tech Applications and Features and/or our Services, including, without limitation, any Do's and Don'ts or other guidelines posted on any of the Plexus Tech Applications and Features. You agree to comply with the instructions set out in any robots.txt file present on the Plexus Tech Applications and Features and our Services. Without limiting the generality of the foregoing, you agree not to use the Plexus Tech Applications and Features or our Services in order to:
- access (or attempt to access) any of our Services by any means other than through the interface that we provide;
- share a single Account with any person other than the registered Account holder;
- create and/or use multiple Accounts (i.e. only one Account is permitted per person); maintain or use any false identity or multiple identities, or otherwise fail to participate in our Services using your real identity and accurate contact, demographic and other information;
- submit any personal information (name, email, zip code, etc.), payment information (credit card number and expiration date, etc.), or other information which we determine in our sole discretion to have been false, inaccurate or otherwise invalid in connection with any Activities or any other use of the Plexus Tech Applications and Features or our Services;
- post, upload, transmit or otherwise disseminate information that (in our sole discretion) is obscene, indecent, vulgar, pornographic, sexual, hateful or otherwise objectionable;
- post spam links, and/or personal referral links in an aggressive, wanton, or otherwise inappropriate fashion, whether on any Plexus Tech Applications and Features or on any other web site or application;
- defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person's view, otherwise act in an offensive or objectionable manner;
- upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service, other users' computers, or access to or functionality of the Plexus Tech Applications and Features;
- violate the contractual, personal, intellectual property or other rights of any party, including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Plexus Tech Applications and Features or our Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
- attempt to obtain account information, passwords or other private information from other members;
- improperly use support channels or complaint buttons to make false or frivolous reports to the Company or to communicate with our customer support representatives in a disrespectful, belligerent or inappropriate manner;
- develop, distribute, make use of, or publicly inform other members of: "auto" software programs, "macro" software programs, web crawlers or other script or "cheat utility" software programs or applications;
- share or distribute survey IDs, answers or other survey information, or otherwise coach or assist other members with regard to qualifying for or answering surveys;
- abuse any of our Services in a manner that does not reflect normal or appropriate human usage, such as conducting excessive searches or other Activities in our Rewards Programs for the sole or primary purpose of receiving points, as we may determine in our sole discretion; or
- exploit, distribute or publicly inform other members of any error, miscue or bug ("Error") that gives an unintended advantage, violate any applicable laws or regulations, or promote or encourage any illegal or unauthorized activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for our Services. If you find an Error, we kindly request that you report it to our appropriate support team by using the "Contact Us", "firstname.lastname@example.org".
If we determine in our sole discretion that you have violated these Terms, the Company may in its sole discretion issue you a warning regarding the violation prior to terminating or suspending any or all Accounts you have created (or which are associated with you) using our Services. However, you acknowledge and agree that the Company need not provide you with any warning or notice before terminating or suspending your Account(s) and/or your access to the Plexus Tech Applications and Features and our Services for any reason, at its sole and absolute discretion.
Use of Communication Services
Plexus Tech Inc. may contain message board services, chat areas, news groups, forums, communities, personal web pages, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. Plexus Tech Inc. has no obligation to monitor the Communication Services. However, Plexus Tech Inc. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Plexus Tech Inc. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Plexus Tech Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Plexus Tech Inc.'s sole discretion.
Materials Provided to Plexus Tech Inc. or Posted at Plexus Tech Applications
Plexus Tech Inc. does not claim ownership of the materials you provide to Plexus Tech Inc. (including feedback and suggestions) or post, upload, input or submit to Plexus Tech Applications or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Plexus Tech Inc., its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Plexus Tech, Inc. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Plexus Tech Inc.'s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Merger or Acquisition
It is possible that the services and/or related assets of Plexus Tech Inc. might be acquired as part of a merger or acquisition. In such an event, you understand and agree that Plexus Tech Inc. may assign its rights under these Terms and that your personal information may be transferred to the succeeding entity.
Disclaimer of Warranties; Limitation of Liability; Indemnification
You agree that your use of the Plexus Tech Applications and Features and our Services shall be at your own risk. To the maximum extent permitted by applicable law, the Company, and its affiliates, partners, employees, and agents, disclaim any and all guarantees, warranties and representations, express or implied, in connection with our Services, the Plexus Tech Applications and Features and your use thereof, including implied guarantees or warranties of title, merchantability or acceptable quality, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. To the maximum extent permitted by applicable law, the Company makes no guarantees, warranties, or representations about the accuracy or completeness of the content of the Plexus Tech Applications and Features or our Services, or the content of any sites linked to our Services, and assumes no liability or responsibility for any (i) errors, mistakes, nor inaccuracies of content, (ii) personal injury (including death) or property damage, of any nature whatsoever, resulting from your access to and use of the Plexus Tech Applications and Features or our Services, (iii) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) interruption or cessation of transmission to or from our Plexus Tech Applications and Features or our Services, (v) bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Services by any third party, (vi) errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Plexus Tech Applications and Features or our Services, and/or (vii) tax liability imposed against you by any taxing authority.
To the maximum extent permitted by applicable law, in no event will the Company, or its affiliates, partners, employees, and agents, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any lost profits or lost data arising from your use of the Plexus Tech Applications and Features, our Services or other materials or content on, accessed through or downloaded from our Services, whether based on warranty, contract, tort (including without limitation negligence), or any other legal theory, and whether or not the Company has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that the Company shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party. You agree to indemnify and hold the Company, and each of its affiliates, partners, employees, and agents, harmless from and against any claim, cause of action, loss, liability, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) your use of and access to the Plexus Tech Applications and Features or our Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right, or damage to a third party; (iv) any tax obligations arising from or related to your use of the Plexus Tech Applications and Features or our Services; and/or (v) any content you post or share on or through the Service.
You agree that the Company will not be liable for, or be required to provide any compensation to you with respect to, the termination of any Rewards Program or any associated Account(s), including without limitation any points, rewards, prizes, or credits in your Account(s) or otherwise existing in your favor at the time of termination.
Sometimes when you use our Services, you may use a service or download a piece of software, or purchase goods, provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the other company or person. If so, these Terms do not affect your legal relationship with these other companies or individuals.
You agree that we are not responsible for the loss or impairment of any points, rewards, prizes, or credits, regardless of monetary value, in the event there is any: change in the value of each point (as determined in Company's sole and absolute discretion), data or server error, computer and/or network system error or failure, criminal act, vandalism, cyber-attack or other events which make it commercially unreasonable for us to determine the points balance or value of any Account(s).
All guarantees, warranties, and representations, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods and services supplied under our Rewards Programs or other Services are excluded to the fullest extent permitted by applicable law.
Any liability the Company may have to a member under any such guarantees, warranties or representations implied or imposed by law which cannot be excluded is hereby limited, to the extent legally permissible, to supplying or paying the cost of supplying the goods or services (or equivalent goods or services) or repairing or paying the cost of repairing the goods or re-performing the services, at the Company's sole option.
Please note that at any time, we may, in our sole discretion, terminate our legal agreement with you and deny you continued use of the Plexus Tech Applications and Features and our Services, and, without limiting the foregoing, may do so if (i) we are required to do so by law (for example, where the provision of our services to you is, or may become, unlawful); (ii) the partner with whom we offered our Services to you has terminated its relationship with us or ceased to offer their services to you; (ii) we are no longer providing all or any portion of our Services to users in the jurisdiction in which you are resident or from which you use our Services; or (iv) the provision of our Services to you is, in our opinion, no longer commercially viable.
Compliance with FTC Guidelines on Endorsements/Testimonials
If you choose to promote our services to the public, including your own personal social networks, you agree that you will comply with the FTC's Guidelines Concerning the Use of Testimonials and Endorsements in Advertising (available at https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf) ("Guidelines").
For example, if you have been paid or provided with free products in exchange for discussing or promoting a Plexus Tech Applications or service, or if you are an employee of a company and you decide to discuss or promote that company's products or services through the Plexus Tech's services, you agree to comply with the Guidelines' requirements for disclosing such relationships. You, and not Plexus Tech Inc., are solely responsible for any endorsements or testimonials you make regarding any product or service made on or through Plexus Tech's services.
Binding Arbitration of all Disputes
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). Notice to us must be sent to our customer service address at: Plexus Tech Inc., 1053 E. Whitaker Mill Rd. Suite 115, Raleigh, NC 27604, Attention: Legal Department. The Notice must include: (1) the nature and basis of your Dispute or Claim; (2) identification or enclosure of all relevant documents and information; and (3) a description of the specific relief that you seek from us.
B. Providing Us an Opportunity to Informally Resolve Your Dispute. Before you may pursue or participate in any Dispute or Claim (or raise such Dispute or Claim as a defense) in small claims court or in arbitration against us, you must first send the Notice described above, and you must allow us a reasonable opportunity (not less than thirty (30) days) to resolve your Dispute or Claim. After we receive your Notice, the parties agree to negotiate in good faith with each other to try to resolve your Dispute or Claim.
C. Agreement to Participate in Binding Arbitration. If the parties do not reach an informal resolution of your Dispute or Claim within thirty (30) days after we receive your written Notice, you may pursue your Dispute or Claim in arbitration or, solely to the extent specifically provided below, in small claims court. If the parties cannot reach an informal resolution to the Dispute or Claim within thirty (30) days after our receipt of your Notice, you may commence an arbitration proceeding by sending an arbitration demand ("Arbitration Demand") to the following address: Plexus Tech Inc., 1053 E. Whitaker Mill Rd. Suite 115, Raleigh, NC 27604, Attention: Legal Department. The parties agree to arbitrate any Dispute or Claim between them, except to the extent either party chooses to instead pursue the Dispute or Claim in small claims court as provided below. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators generally can award the same damages and relief that a court can award.
You acknowledge and agree that we do not have the ability, in every instance, to determine whether or not the points, rewards, prizes, or credits you earned or redeemed in any Rewards Program are considered reportable taxable earnings in your jurisdiction. You are therefore responsible for any and all tax liability arising from or associated with your use of the Plexus Tech Applications and Features or our Services, including liability arising from your accrual of Rewards Program points or your redemption of such points for cash or other value. As a condition of your continued use of the Plexus Tech Applications and Features and our Services, we reserve the right to require you to provide necessary tax reporting information if our records show that you are or may be required to report the value of your points, rewards, prizes, or credits to an appropriate tax authority. We encourage you, and it is your responsibility, to seek advice of a tax expert in order to determine the tax consequences of your use of the Plexus Tech Applications and Features and our Services, and any associated points, rewards, prizes, or credits earned or redeemed.
Modification of these Terms & Conditions
Plexus Tech Inc. reserves the right to change the terms, conditions, and notices under which Plexus Tech Applications is offered. The effective date will be posted at the top of this agreement if any changes are made to the agreement.
The Plexus Tech Applications and Features are controlled, operated, and administered by the Company from its offices within the United States of America. The Company makes no representation that materials on the Plexus Tech Applications and Features are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Plexus Tech Applications and Features are illegal is prohibited. You may not use the Plexus Tech Applications and Features or export the content or products in violation of U.S. export laws and regulations. If you access Plexus Tech Applications and Features from a location outside of the United States, you are responsible for compliance with all local laws.
Excluded Users and Territories
You are not permitted to download or use any of the Plexus Tech Applications and Features or our Services, including making any purchases of products or services from the Company, if you are (i) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services; (ii) identified as a "Specially Designated National"; or (iii) placed on the U.S. Department of Commerce's "Denied Persons List or Entity List" or any other U.S. export control list, or if the transaction would otherwise be illegal under any applicable law or regulation.
Plexus Tech Inc. welcomes your comments regarding these Terms or your use of any Plexus Tech Applications and Features or our Services. If you believe that Plexus Tech Inc. has not adhered to these Terms or your use, please contact Plexus Tech Inc. at email@example.com. We will use commercially reasonable efforts to promptly determine and remedy the problem.