Restrictions on Use
All information, content and materials contained on the Site are Mac 3Plus’ copyrighted property or the copyrighted property of its licensors. All trademarks, service marks, trade names, and trade dress are the property of 3Plus and/or its licensors. You may not copy, reproduce, republish, upload, post, transmit or distribute in any way any information, content or material from the Site. You may download one copy of the information, content or materials from the Site on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright, trademark, service mark and other proprietary notices, (ii) you make no modifications to the information, content or materials, (iii) you do not use the information, content or materials in a manner that suggests an association with any of 3Plus’ products, services or brands. You may not use any information, content or materials on this Site on any other internet site.
If you download software or information from this Site, the software and information, including all files and images contained in or generated by the software and data, are deemed to be licensed to you by 3Plus for your personal, noncommercial home use only with the limited license revocable by 3Plus for any reason at any time and without notice. You shall have a nonexclusive, nontransferable, revocable limited personal license to use the software or data solely in its object code version. We do not transfer title to the Software or its intellectual property to you. Without limiting the foregoing, you shall not: (a) alter, merge, modify or adapt any software, data or information contained on or made available through this Site; (b) reverse engineer, disassemble or decompile any software or information contained on or made available through this Site; (c) disclose, lease, transfer, or otherwise make any such software or information available to third parties in any form or manner; or (d) use the software or information for the benefit of any third party. Software from the Site is further subject to United States export controls. No software from the Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which export is subject to control or licensing by the U.S.; or (ii) to anyone on the U.S. Commerce Department’s Table of Deny Orders or the U.S. Treasury Department’s list of Specially Designated Nationals. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list or otherwise in violation of export control laws or regulations.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Links to Third Party Sites
Certain links on the Site will take you to other sites not under 3Plus’ control. 3Plus is providing these links as a convenience and the inclusion of any such link is not an endorsement by 3Plus. You acknowledge that when you click on a link that leaves the Site, 3Plus is not responsible for those sites or their content. Consequently, 3Plus cannot be held responsible for the accuracy, relevancy, copyright compliance or legality of material contained on such third party sites. 3Plus reserves the right to disable links from third party sites to any 3Plus Site, although 3Plus is under no obligation to do so.
3Plus 90 Day and One Year Limited Warranty
3Plus hereby warrants to the original retail purchaser of this product that should this or any part thereof, under normal use and conditions, be proven defective in material or workmanship within 91 days to one year from the date of original purchase, such defect(s) will be repaired or replaced with reconditioned product (at 3Plus’s option) at 3Plus’s expense for parts and upon the purchaser’s payment for repair labor. This limited warranty is the purchaser’s exclusive remedy for any such defect(s). To obtain repairs or replacement within the terms of this warranty, please visit www.3plususa.com or contact us at 1-866-592-0184. Open Mon – Fri 8:00am to 5:00pm. Proof of warranty coverage (i.e. – dated bill of sale) is required.
This warranty does not apply to any product or part thereof which, in the opinion of 3Plus, has suffered or been damaged through alteration, improper installation, mishandling, misuse, neglect, accident or by removal or defacement of the factory serial number/bar code label(s). The opinion of 3Plus which respect to his matter shall be final. THE EXTEXT OF 3PLUS’S LIABILITY UNDER THIS WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT PROVIDED ABOVE AND, IN NO EVENT, SHALL THE COMPANY’S LIABILITY EXCEED THE PURCHASE PRICE PAID BY PURCHASER FOR THE PRODUCT.
DISCLAIMER OF WARRANTIES
This warranty is in lieu of, and 3Plus disclaims, all other express or implied warranties or liabilities, including warranties of merchantability and fitness for a particular purpose. Any implied warranties, including any implied warranty of merchantability, that survive this disclaimer, shall be limited to the duration of this written warranty. Any action for breach of any warranty hereunder, including any implied warranty of merchantability, must be brought within a period of 12 months from the date of original purchase. In no case shall the company be liable for any consequential or incidental damages for breach of this or any other warranty express or implied whatsoever.
No person or representative is authorized to assume for the company any liability other than expressed herein in connection with the sale of this product. Some jurisdiction do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages so the above limitations or exclusions many not apply to you. This warranty gives you specific legal rights and you may also have other rights, which vary from jurisdiction to jurisdiction. Please make sure to consult a doctor before starting a new diet or fitness program.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of 3Plus or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of 3Plus and protected by U.S. and international copyright laws. All software used on the Site is the property of 3Plus or its software suppliers and protected by United States and international copyright laws. The content on the Site may not be duplicated, cached, distributed, publicly performed, republished, uploaded, posted, transmitted or otherwise used or transmitted in any manner, except with the prior express written permission of 3Plus. Fair use of 3Plus’ intellectual property requires proper acknowledgement.
Trademarks/ Service Marks
All trademarks and service marks appear on this Site are the property of their respective owners. Trademarks and service marks may not be used by you without written permission of their respective owners. Fair use of intellectual property requires property acknowledgement.
For a full and complete list of patents and pending patents, please contact 3Plus.
3PLUS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE APPROPRIATENESS OF THE SITE FOR ANY PURPOSE. THE INFORMATION, CONTENT AND MATERIALS ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 3PLUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. 3PLUS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON THE SITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 3PLUS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE SITE, INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL 3PLUS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR INABILITY TO USE, THE SITE, THE CONTENT, MATERIALS OR FUNCTIONS ON ANY SUCH SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF 3PLUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN NO EVENT WILL 3PLUS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY.
IN ADDITION, UNDER NO CIRCUMSTANCES WILL 3PLUS, OUR LICENSORS AND LICENSEES, OR ANY OF SUCH ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND 3PLUS’ OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF 3PLUS OR 3PLUS’ LICENSORS AND LICENSEES, OR ANY OF SUCH ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER 3PLUS, ITS LICENSORS AND LICENSEES, NOR ANY OF SUCH ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE SITE AND ANY WEB SITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE SITE IN AN ACCURATE OR TIMELY MANNER.
Governing Law, Venue and Jurisdiction