This agreement governs your use of 3plantation.com(“website”) and is made between you and metapcs llc, an arizona limited liability company and/orour successors and/or assigns (“We” or “us”).
Prohibited Access for Persons Under the Age of 18.
If you are under the age of 18, you are restricted from using any portion of this website and you must exit this website immediately.
Limited Public Access RightsYou are permitted to access all visible content made available to You ascontained on this Website including any logos, text, graphics, headers, banners, images, coding, tags, videos, audio recordings, podcasts and similar recordings, applications, files or any other separate website elementmade available to You (collectively “Materials”) we may make available to You from time to time.
General Website Use RestrictionsAs a condition of your access and use of the Website, You agree that i) You will only use this Website (including any separate materials or components) for personal purposes internally, and not forany commercial purposes; ii) You will not engage in any unauthorized use of any Website materials in a manner that violates copyright laws, trademark laws or the laws of privacy and publicity of another; and iii) You agree to comply with all applicable laws and regulations of the United States and any other applicable International treaty, law or regulation governing your use of this Website. Use of this Website for any of the foregoing reasons is strictly prohibited. Additional use restrictions are contained elsewhere in this Agreement.
Compliance with Applicable LawsWe make no representation that the materials available on this Website are appropriate or available for use in your jurisdiction. You are solely responsible for compliance with local laws in your jurisdiction or territory, to the extent applicable. Access and use of this Website from any jurisdictions where it is illegal to do so is strictly prohibited and we shall have no liability to You whatsoever in such case.
Our Intellectual PropertyAll Materials are either owned or licensed by us and are protected under our proprietary rights. Commercial use of any of the Materials contained on this Website is strictly prohibited. Except as otherwise stated, none of the Materials may be saved, downloaded, copied, reproduced in any electronic, digital or mechanical format or medium or by way of photocopying or otherwise, and may not be disseminated, distributed, re-published or used for any public display or performance, in any form or manner whatsoever without our prior written consent. We reserve the right to limit the amount of Materials displayed on this Website. You are restricted from, modifying or altering any copyright or other proprietary notice, or trademarks from any of the Materials found on this Website. In addition, the “look and feel” of this Website (including the unique combination of Website colors, page headers, graphics, icons, images and scripts, etc.) is considered by us to be valuable and protectable trade dress and may not be copied, imitated, or used (in whole or in part) by You without our prior written permission. This Website and all separate Website elements are protected under United States copyright laws. You may not engage in any “framing” of any page of this Website or otherwise of any of the Materials on this Website. Some of the Materials on this Website include embedded video and/or audio recordings and may include podcasts and other similar downloadable video or audio files from time to time. All video and audio recordings and files are owned by us unless otherwise stated in those Materials. Additionally, this Website may contain embedded video or audio recordings from external servers and third party websites including, but not limited to, YouTube.com, Google Video, etc. All such embedded recordings are owned by us regardless of whether they are hosted by any such third party websites and/or external servers. All logos or any other trademarks, trade names or service marks and/or any other marks or logos posted on this Website, whether marked or unmarked, is either owned by usor by any of our third-party partners or any other third-parties. No trademarks, trade names, service marks, etc. posted on this Website may be used without the prior written consent of the owner. We retain all rights, ownership, title and interest in all trademarks, trade names or service marks contained on the Website owned by us, whether or not we have registered for or have been granted any such protections under state and/or Federal law. Additionally, any use of any meta tags or any other tags or text not openly visible on this Website which utilizes our name, trademark, service mark, or uses the name of any product or service offered by us without the our prior written permission is strictly prohibited. You are restricted from “co-branding” this Website with any third party website, product or business. This means You are restricted from copying any trademark, logo, service mark, trade name or any other Materials on this Website and displaying the same on any other website in any manner that would provide any viewer to reasonably conclude that such website is or could be affiliated with this Website and/or the Website operator and/or has permission to display the contents of this Website or any Materials.
Email Marketing Opt-OutWe intend to comply with the requirements of the CAN-SPAM Act (15 U.S.C. Sec. 7701 et. seq.) at all times. We do not engage in sending any unsolicited SPAM or junk mail of any kind includingsending out any email communications in bulk or by a single mailing to anyone. You can opt-out of receiving any promotional or marketing email we send at any time by either clicking “unsubscribe” in the body of the email communication and following the opt-out procedure contained in the email, or by sending an email and requesting to opt-out of receiving such communications.
Third-Party Copyright NoticeAll informationappearing on any third-party website that You may access through this Website including web pages, documents, site design, text, graphics, logos, images and icons, and the selection and arrangement thereof, are the sole property of such third-parties unless otherwise specified.All rights not expressly granted herein are reserved worldwide. Any reproduction, distribution, modification, retransmission, or publication of any copyrighted material on the site is strictly prohibited without the express written consent of the copyright holder, except as otherwise required by applicable law. We have no affiliation to any specific operator of any third-party website we link to or that is otherwise referenced on this Website unless expressly stated.
GENERAL INFORMATION ACCURACYEvery effort has been made to ensure the completeness and the accuracy of the information contained on this website. However, we make no guarantees, warranties or representations as to the accuracy of the information contained on this website or in any email you receive from us including, but not limited to, the quality of such information, its usefulness and/or reliability, and we assume no responsibility for any errors, omissions or any inconsistencies. Without limiting the generality of the foregoing, we make no warranty regarding the accuracy, quality, usefulness or reliability of any information or any data contained on this website, or that such information will meet your expectations of use. You agree to assume the sole risk associated with your use and/or reliance upon any of the information contained on this website or in any email we may send to you in connection with your use of this website generally.
GENERAL WEBSITE USE DISCLAIMERUse and access of this website is done at your sole risk. This website and all materials are being provided “As is” and “With all faults.” we expressly disclaim all warranties of any kind, whether express, implied, or statutory, regarding your use or the performanceof any of the materials in any manner whatsoever including, but not limited to, any implied warranties of merchantability or fitness for a particular use or purpose. Without limiting the generality of the foregoing, we make no warranty regarding the quality, usefulness, results, accuracy of any data, performance or reliability of any materials or that any materials will meet your expectations of use or that this website will be uninterrupted, error free or that any defects will be corrected in a timely manner by us. We are under no obligation to update any of the materials or other information contained on this website. We do not warrant that the materials are appropriate or legal in your jurisdiction or that any of the materials will be free from viruses, worms, trojan horses or any other code, application or program that may contain harmful elements.
INDIRECT/CONSEQUENTIAL DAMAGES WAIVERYou agree that we shall not be liable to you under any circumstances for any indirect, special, consequential, incidental or any other damages of any kind including, but not limited to, lost profits or revenues, lost data or loss of goodwill, or for any other damages whatsoever arising out of or relating to the use or inability to use this websitein any manner whatsoever including your use or reliance on any of the materials contained on this website. We shall not be liable to you as stated herein regardless of the casue of any damage you may incur, including any damages not foreseeable by us and regardless of the nature of any claim, whether for breach of contract, by statute, for any torts (including, without limitation, negligence and strict liability) or for any other legal theory, whether or not we have been advised of the same.
WAIVER ACKNOWLEDGEMENTYou acknowledge that you may be waiving rights with respect to claims that are unknown or are unsuspected. Accordingly, you agree to waive the benefit of and your rights under any law that otherwise might limit your waiver of such claims including, to the extent applicable, california civil code $1542.
Exceptions to Disclaimers And LimitationsSome jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to you. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties under law and the extent of our liability shall be as limited as allowed under any applicable laws.
Indemnification by YouYou agree to indemnify and hold us harmless, including ourofficers, members, managers, employees, agents or attorneys, to the extent applicable, from any and all claims, liabilities, legal proceedings, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or related to: i) Your use of and interaction with this Website in any way whatsoever; or ii) any violation of the terms and conditions of this Agreement; or iii) violation of any law; or iv) violation of the rights of any third party for which any suit or legal proceeding is brought against us related to such violation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim and agree that we shall be entitled to exercise sole discretion over the control and manner of such defense.
A. SeverabilityIf any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.
B. Entire AgreementThese terms constitute the entire and exclusive agreement governing your use of the Website. This Agreement will be expressly incorporated by reference in each and every agreement between You and us regarding your use and access of this Website, as may be applicable.
C.ArbitrationYou agree to give up your rights to bring any claims relating to this agreement other than to protect your intellectual property and/or your use of this website before a court of law or other legal tribunal and to resolve all disputes or claims exclusively by arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, any and all claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between you and us, our agents, employees, principals, directors, officers, shareholders, members, managers, successors and assigns, to the extent applicable, arising from or relating to this agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration pursuant to the then-current rules of the american arbitration association (“aaa”) and shall be administered by the aaa. Notwithstanding the foregoing, 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 state or federal court under the terms of this agreement. Any arbitration proceeding shall be brought and heard in maricopa county, arizona. The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to award punitive damages to either you or us. Any judgment may be entered in any court having jurisdiction and the arbitrator may award reasonable costs and fees, including reasonable attorney’s fees and all arbitration fees, to the prevailing party, notwithstanding the then current rules of the aaa. You agree that a written notice requesting arbitration must be provided to us within one (1) year after the acts or occurrences supporting such a claim, without tolling for a failure to discover such act or occurrence. If you do not send a written notice to us within the requisite one (1) year period, that claim (or those claims) shall be waived and released and you shall be forever barred from asserting that claim (or those claims) in the future.
D. Choice of LawThis Agreement shall be construed and enforced in accordance with the laws of the state of Arizona, U.S.A., without regard to any applicable provincial conflict of laws principles and without regard to any applicable International laws, treaties or regulations.
E. WaiverThe waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You. Any non-enforcement of this agreement by us shall not be considered a waiver of our rights to enforce the terms hereunder.
F.Termination of WebsiteWe reserve the right at any time, in our absolute sole discretion, to modify in any manner or terminate, either temporarily or permanently, this Website, any of the Materials or any services or functions that may be offered by or through this Website, with or without notice to You. You agree that we shall not be liable to You or to any third party for any such modification or termination. These Website terms shall remain in full force and effect notwithstanding any termination of your use of the Website.
G. Headings/ConstructionThe section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will be interpreted without application of any strict construction in favor of or against You or us.
H. AssignmentThese Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by us without restriction. Notwithstanding, we may assign all of our rights and obligations hereunder to any third-party purchaser/assignee in the event we elect to sell and otherwise transfer rights to our Website.
I. Successors and Assignshis Agreement shall inure to the benefit of any of our successors or assigns and shall continue to be binding upon You in the event of an assignment of our rights and obligations under this Agreement.
J. SeverabilityIf any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.