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Terms & conditions

TERMS & CONDITIONS

1. Acceptance of Terms & Conditions. Welcome to the website of CompanyPlus LLC (“we” or “us”). The following terms and conditions, together with any documents they expressly reference (collectively, these “Terms”) govern your access to and use of CompanyPlus.com (this “Website”), whether as a guest or a registered user, and all products and services provided to you or purchased by you in connection with this Website. PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE WEBSITE. By using this Website or purchasing any products or services from us, you agree to these Terms and our Privacy Policy, found at [www.CompanyPlus.com]. If you do not want to agree to these Terms or the Privacy Policy, do not access or use this Website or purchase any products or services from us.
2. In General. If you do not comply with these Terms at any time, we may terminate your access to this Website (or any part thereof) without prior notice.

We may discontinue, modify or alter any aspect of the Website. We will not be liable if any part of the Website is ever unavailable. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for making all arrangements necessary to access the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.

We may revise and update these Terms from time to time. All changes are effective immediately when we post them. You should check these Terms periodically for changes. By using this Website after we post any changes to these Terms, you agree to accept those changes.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. All information you provide to register with this Website is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose or are provided with a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. Your account is personal to you, and you must not provide any other person with access to this Website or portions of it using your user name, password or other security information. You must notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We may, in our sole discretion and without notice, disable any user name, password or other identifier at any time.

3. No Legal or Accounting Advice. We are not attorneys or accountants and may not perform services required to be performed by an attorney or an accountant. At no time do we review the information that you provide to us for legal sufficiency, draw legal or tax conclusions, provide legal or tax advice, opinions or recommendations about your rights, remedies, defenses, options, or strategies, or apply the law to the facts of your particular situation. We and our products and services are not a substitute for the advice or services of an attorney or an accountant. We encourage you to engage an attorney or accountant for any legal, tax, or accounting advice.
4. Restrictions on Use of Materials. Except as otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access and use this Website for use in connection with your business with us, if you comply fully with the provisions of these Terms. This Website and its entire contents, features, and are owned by us and our licensors and are protected by copyrights, patents, trademarks, trade secrets and other proprietary rights laws.

You may not reproduce, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the Content, in whole or in part in any format, except as follows:

1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
2. You may store files that are automatically cached by your web browser for display enhancement purposes.
3. You may print or download copies of a reasonable number of pages of Website content for your own business use and not for further reproduction, publication or distribution.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and we reserve all rights not expressly granted to you. Any use of the Website not expressly permitted by these Terms is a breach of thereof and may violate copyright, trademark and other laws.

5. Standards and Conduct Guidelines. You acknowledge that all Content posted, emailed, or otherwise transmitted to or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this Website.

You agree not to use this Website to:

1. Upload, post, email or otherwise transmit any Postings or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
2. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with us or any other person or entity;
3. Upload, post, email or otherwise transmit any Postings or other materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
4. Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
5. Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, or files or programs which might interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
6. Interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website.
7. “Stalk” or otherwise harass another user of this Website or any of our employees;
8. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
9. Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; or
10. Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, or otherwise attempt to interfere with the proper working of the Website.
11. These Terms apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.

In an attempt to provide increased value to our visitors, this Website may link to sites operated by third parties. However, even if the third party is affiliated with us, we. have no control over these linked sites, all of which have separate privacy and data collection practices, independent of us. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, we seek to protect the integrity of this Website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

7. [Trademarks. The name “CompanyPlus”, our logo and all related names, logos, product and service names, designs and slogans are trademarks of us or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.]
8. Disclaimers of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. Third-Party Products and Services. You may order products or services through this Website from other parties (“Third-Party Sellers”). All matters concerning the services, merchandise and other products desired from Third-Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and those Third-Party Sellers. We make no warranties or representations whatsoever with regard to any products or services provided by any Third-Party Seller. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of either directly or indirectly, you or any other person involved or related to the transactions. If you decide to engage in any transaction with a Third-Party Seller, you do so entirely at your own risk and subject to the terms and conditions of that Third-Party Seller.
10. Refund Policy. When you engage us to provide services and pay fees to us, we use those fees to procure services on your behalf from Third-Party Sellers. Accordingly, we generally cannot offer refunds of fees except when a service that you have requested cannot be provided to you because of our error or omission. To request a refund, please contact us at [refundplease@CompanyPlus.com] with the details of and reasons for your request, no later than 30 days after payment of the fees that would like to be refunded. We will determine your eligibility for a refund in our sole discretion, and our determination of your eligibility is final and not subject to review. If you are eligible for a refund, it will be limited to (a) the fees that you have already paid minus (b) the value of any services that we have already provided to you and any amounts that we have already paid to procure services on your behalf. We will credit any refund to you in the form of the payment method that you used to pay the corresponding fees.
11. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THIS WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THIS WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THIS WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS   ENTERED INTO THROUGH OR FROM THIS WEBSITE; (D) UNAUTHORIZED   ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E)   STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT WILL OUR 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, FOR THE PRODUCTS AND SERVICES WE SELL YOU THROUGH THE WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL SERVICES AND PRODUCTS WE PROVIDE TO YOU BY THIS WEBSITE OR OTHERWISE MAY BE SUBJECT TO TERMS AND CONDITIONS OF THE OTHER AGREEMENTS BY WHICH WE PROVIDE THOSE SERVICES OR PRODUCTS. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. You agree to indemnify, hold harmless and, at our option, defend us and our affiliates and licensors, and our and their officers, directors, employees, owners, agents, representatives, successors and assigns from any third-party claims, liability, damages, judgments, awards, losses, and costs (including, but not limited to, reasonable attorneys’ fees and expenses) arising from your improper use of this Website or our or any Third-Party Seller’s products or offerings, your violation of these Terms, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
13. Governing Law and Choice of Forum. All matters arising under or relating to these Terms, including torts, are governed by the laws of Delaware, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Website or these Terms shall be filed only in the state or federal courts located in Wilmington, Delaware, you consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action, and you waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
14. Typographical Errors. If an offering is mistakenly listed at an incorrect price, we may refuse or cancel any orders placed for the offering listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.gesusa.com will issue a credit to your credit card account in the amount of the incorrect price.
15. Miscellaneous Terms. In any action against us arising from the use of this Website, the prevailing party may recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. If any provision of these terms is unlawful or unenforceable, the remaining provisions remain legal and enforceable. These Terms and the Privacy Policy are the entire agreement between you and us relating to the Website and supersede all prior and contemporaneous understandings, negotiations, and agreements relating to the Website. These Terms may be modified only by our posting of changes to these Terms on this Website.

We may assign any right and delegate any obligation under these Terms. These Terms will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance by the other party of any provision of these Terms, or to exercise any right under these Terms, will not be construed as a waiver of such party’s right to assert or rely upon any such provision or to exercise any such right in that or any other instance.