Terms of Service
Effective October 1, 2005
By using this web site, you agree to be bound by the following terms and conditions (the “Terms of Service”).
Personal Use Only
The content and services on web site are provided for your personal, non-commercial use only. You may not use content or services from this web site to sell a product or service.
The copyright in all material provided on this web site is held by 3plwire or by the original creator of the material and is subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. 3plwire reserves all rights not expressly granted to the content on this web site.
3plwire does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and 3plwire expressly disclaims any and all liability in connection with User Submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You agree that you will not: (i) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (ii) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant 3plwire all of the license rights granted herein; (iii) post advertisements or solicitations of business.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to this web site, you hereby grant 3plwire a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, display, and prepare derivative works of the User Submissions in connection with this web site and 3plwire’s (and its successor’s) other businesses.
You warrant that you own or have the necessary rights, licenses, consents, and permissions to use and authorize 3plwire to use your User Submissions in the manner contemplated by this web site and these Terms of Service.
You agree to defend, indemnify and hold harmless 3plwire, its employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the web site; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of this web site.
Links to Other Web Sites
By providing links to other web sites, 3plwire does not guarantee, approve or endorse the information or products available at these sites.
Changes in Content or Services
3plwire reserves the right to remove content and User Submissions without prior notice. We may modify or terminate our services from time to time, for any reason, and without notice or liability to you, any other user, or any third party.
Intellectual Property Claims
3plwire will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. 3plwire will remove all content and User Submissions if properly notified that such content or User Submission infringes on another’s intellectual property rights.
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing written notice as set forth in 17 U.S.C 512(c)(3). Refer to our Contact page for contact information and other information about our designated copyright agent.
THIS WEB SITE AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THIS WEB SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. 3PLWIRE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. 3PLWIRE DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THIS WEB SITE. 3PLWIRE DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS WEB SITE. 3PLWIRE DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THIS WEB SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THIS WEB SITE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
IN NO EVENT SHALL 3PLWIRE, ITS EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF THE USE OR THE INABILITY TO USE THE MATERIALS ON THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
This web site is maintained in the United States of America. 3plwire makes no representations that this web site is appropriate for use in other locations. Those who access or use this web site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Utah, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claim or cause of action may only be brought in the state and Federal courts located in Salt Lake County, Utah.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by 3plwire.
If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
Terms of Service Revisions
3plwire may at any time revise these Terms of Service by updating this posting. By using this web site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current Terms of Service to which you are bound.
The publisher of 3PLwire.com does not warrant or assume any legal liability for the accuracy, timeliness, or completeness of any information published on this site. 3PLwire.com does not endorse or recommend any products, services, processes, or websites. All mentioned products, company names, brand names, trademarks and logos are the property of their respective owners.