Ownership of Site; Agreement to Terms of Use
Last Updated: April 24, 2008
These Terms and Conditions of Use (the "Terms of Use") apply to the PLUGOLA
web site located at www.plugo.la, and all associated sites linked to www.plugo.la
by PLUGOLA, its subsidiaries and affiliates, including PLUGOLA sites around
the world (collectively, the "Site"). The Site is the property
of PLUGOLA, Inc. ("PLUGOLA") and its licensors. BY USING
THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU
DO NOT AGREE, PLEASE DO NOT REGISTER WITH THIS SITE.
PLUGOLA reserves the right, at its sole discretion, to change, modify, add
or remove portions of these Terms of Use, at any time. It is your responsibility
to check these Terms of Use periodically for changes. Your continued use
of the Site following the posting of changes will mean that you accept
and agree to the changes. As long as you comply with these Terms of Use,
PLUGOLA grants you a personal, non-exclusive, non-transferable, limited
privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs,
trademarks, logos, sounds, music, artwork and computer code (collectively,
"Content"), including but not limited to the design, structure,
selection, coordination, expression, “look and feel” and arrangement of
such Content, contained on the Site is owned, controlled or licensed by
or to PLUGOLA, and is protected by trade dress, copyright, patent and
trademark laws, and various other intellectual property rights and unfair
competition laws.
Except as expressly provided in these Terms of Use, no part of the Site
and no Content may be copied, reproduced, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted or distributed in
any way (including "mirroring") to any other computer, server,
Web site or other medium for publication or distribution or for any commercial
enterprise, without PLUGOLA’s express prior written consent.
You may use information on PLUGOLA products and services (such as data sheets,
knowledge base articles, and similar materials) purposely made available
by PLUGOLA for downloading from the Site, provided that you (1) not remove
any proprietary notice language in all copies of such documents, (2) use
such information only for your personal, non-commercial informational
purpose and do not copy or post such information on any networked computer
or broadcast it in any media, (3) make no modifications to any such information,
and (4) not make any additional representations or warranties relating
to such documents.
Your Use of the Site
You may not use any "deep-link",
"page-scrape", "robot", "spider" or any
other automatic device, program, algorithm or methodology, or any similar
or equivalent manual process, to access, acquire, copy, monitor or cheat
any portion of the Site or any Content, or in any way reproduce or circumvent
the navigational structure or presentation of the Site or any Content,
to obtain or attempt to obtain any materials, documents or information
through any means not purposely made available through the Site. PLUGOLA
reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of
the Site, or any other systems or networks connected to the Site or to
any PLUGOLA server, or to any of the services offered on or through the
Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any
network connected to the Site, nor breach the security or authentication
measures on the Site or any network connected to the Site. You may not
reverse look-up, trace or seek to trace any information on any other user
of or visitor to the Site, or any other customer of PLUGOLA, including
any PLUGOLA account not owned by you, to its source, or exploit the Site
or any service or information made available or offered by or through
the Site, in any way where the purpose is to reveal any information, including
but not limited to personal identification or information, other than
your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Site or PLUGOLA’s
systems or networks, or any systems or networks connected to the Site
or to PLUGOLA.
You agree not to use any device, software or routine to interfere or attempt
to interfere with the proper working of the Site or any transaction being
conducted on the Site, or with any other person's use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise
the origin of any message or transmittal you send to PLUGOLA on or through
the Site or any service offered on or through the Site. You may not pretend
that you are, or that you represent, someone else, or impersonate any
other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or
prohibited by these Terms of Use, or to solicit the performance of any
illegal activity or other activity which infringes the rights of PLUGOLA
or others.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services
and to specific portions or features of the Site, including contests,
offerings through PLUGOLA Labs, promotions or other similar features,
all of which terms are made a part of these Terms of Use by this reference.
You agree to abide by such other terms and conditions, including where
applicable representing that you are of sufficient legal age to use or
participate in such service or feature. If there is a conflict between
these Terms of Use and the terms posted for or applicable to a specific
portion of the Site or for any service offered on or through the Site,
the latter terms shall control with respect to your use of that portion
of the Site or the specific service.
PLUGOLA's obligations, if any, with regard to its products and services are
governed solely by the agreements pursuant to which they are provided,
and nothing on this Site should be construed to alter such agreements.
PLUGOLA may make changes to any products or services offered on the Site, or
to the applicable prices for any such products or services, at any time,
without notice. The materials on the Site with respect to products and
services may be out of date, and PLUGOLA makes no commitment to update
the materials on the Site with respect to such products and services.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you
to open an account (including setting up an PLUGOLA ID and password).
You are entirely responsible for maintaining the confidentiality of your
account information, including your password, and for any and all activity
that occurs under your account. You agree to notify PLUGOLA immediately
of any unauthorized use of your account or password, or any other breach
of security. However, you may be held liable for losses incurred by PLUGOLA
or any other user of or visitor to the Site due to someone else using
your PLUGOLA ID, password or account.
You may not use anyone else's PLUGOLA ID, password or account at any time without
the express permission and consent of the holder of that PLUGOLA ID, password
or account. PLUGOLA cannot and will not be liable for any loss or damage
arising from your failure to comply with these obligations.
Privacy
PLUGOLA's Privacy Policy applies to use of this Site, and its terms are
made a part of these Terms of Use by this reference. To view PLUGOLA's
Privacy Policy Additionally,
by using the Site, you acknowledge and agree that Internet transmissions
are never completely private or secure. You understand that any message
or information you send to the Site may be read or intercepted by others,
even if there is a special notice that a particular transmission (for
example, credit card information) is encrypted.
Links to Other Sites and to the PLUGOLA Site
This Site may contain links to other independent third-party Web sites
("Linked Sites"). These Linked Sites are provided solely as
a convenience to our visitors. Such Linked Sites are not under PLUGOLA's
control, and PLUGOLA is not responsible for and does not endorse the content
of such Linked Sites, including any information or materials contained
on such Linked Sites. You will need to make your own independent judgment
regarding your interaction with these Linked Sites.
Disclaimers
PLUGOLA DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE
OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL
BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS.
THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE"
BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT
NOTICE. PLUGOLA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD
FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE
FEATURES. PLUGOLA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. PLUGOLA DISCLAIMS ANY AND ALL LIABILITY FOR
THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH
OR RELATED TO YOUR USE OF THE SITE AND/OR ANY PLUGOLA SERVICES. YOU ASSUME
TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR
SOLE REMEDY AGAINST PLUGOLA FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT
IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF
IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission,
interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of
or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
PLUGOLA reserves the right to do any of the following, at any time, without
notice: (1) to modify, suspend or terminate operation of or access to
the Site, or any portion of the Site, for any reason; (2) to modify or
change the Site, or any portion of the Site, and any applicable policies
or terms; and (3) to interrupt the operation of the Site, or any portion
of the Site, as necessary to perform routine or non-routine maintenance,
error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will PLUGOLA be liable to you for
any indirect, consequential, exemplary, incidental or punitive damages,
including lost profits, even if PLUGOLA has been advised of the possibility
of such damages.
If, notwithstanding the other provisions of these Terms of Use, PLUGOLA
is found to be liable to you for any damage or loss which arises out of
or is in any way connected with your use of the Site or any Content, PLUGOLA's
liability shall in no event exceed the greater of (1) the total of any
subscription or similar fees with respect to any service or feature of
or on the Site paid in the six months prior to the date of the initial
claim made against PLUGOLA (but not including the purchase price for any
PLUGOLA hardware or software products or any PLUGOLA Care or similar support
program), or (2) US$100.00. Some jurisdictions do not allow limitations
of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold PLUGOLA, its officers, directors, shareholders,
predecessors, successors in interest, employees, agents, subsidiaries
and affiliates, harmless from any demands, loss, liability, claims or
expenses (including attorneys' fees), made against PLUGOLA by any third
party due to or arising out of or in connection with your use of the Site.
Violation of These Terms of Use
PLUGOLA may disclose any information we have about you (including your identity)
if we determine that such disclosure is necessary in connection with any
investigation or complaint regarding your use of the Site, or to identify,
contact or bring legal action against someone who may be causing injury
to or interference with (either intentionally or unintentionally) PLUGOLA's
rights or property, or the rights or property of visitors to or users
of the Site, including PLUGOLA's customers. PLUGOLA reserves the right
at all times to disclose any information that PLUGOLA deems necessary
to comply with any applicable law, regulation, legal process or governmental
request. PLUGOLA also may disclose your information when PLUGOLA determines
that applicable law requires or permits such disclosure, including exchanging
information with other companies and organizations for fraud protection
purposes.
You acknowledge and agree that PLUGOLA may preserve any transmittal or communication
by you with PLUGOLA through the Site or any service offered on or through
the Site, and may also disclose such data if required to do so by law
or PLUGOLA determines that such preservation or disclosure is reasonably
necessary to (1) comply with legal process, (2) enforce these Terms of
Use, (3) respond to claims that any such data violates the rights of others,
or (4) protect the rights, property or personal safety of PLUGOLA, its
employees, users of or visitors to the Site, and the public.
You agree that PLUGOLA may, in its sole discretion and without prior notice,
terminate your access to the Site and/or block your future access to the
Site if we determine that you have violated these Terms of Use or other
agreements or guidelines which may be associated with your use of the
Site. You also agree that any violation by you of these Terms of Use will
constitute an unlawful and unfair business practice, and will cause irreparable
harm to PLUGOLA, for which monetary damages would be inadequate, and you
consent to PLUGOLA obtaining any injunctive or equitable relief that PLUGOLA
deems necessary or appropriate in such circumstances. These remedies are
in addition to any other remedies PLUGOLA may have at law or in equity.
You agree that PLUGOLA may, in its sole discretion and without prior notice,
terminate your access to the Site, for cause, which includes (but is not
limited to) (1) requests by law enforcement or other government agencies,
(2) a request by you (self-initiated account deletions), (3) discontinuance
or material modification of the Site or any service offered on or through
the Site, or (4) unexpected technical issues or problems.
If PLUGOLA does take any legal action against you as a result of your violation
of these Terms of Use, PLUGOLA will be entitled to recover from you, and
you agree to pay, all reasonable attorneys’ fees and costs of such action,
in addition to any other relief granted to PLUGOLA. You agree that PLUGOLA
will not be liable to you or to any third party for termination of your
access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site,
including all disputes, will be governed by the laws of the United States
and by the laws of the State of Illinois without regard to its conflicts
of laws provisions. You agree to the personal jurisdiction by and venue
in the state and federal courts in Cook County, Illinois, and waive any
objection to such jurisdiction or venue. Any claim under these Terms of
Use must be brought within one (1) year after the cause of action arises,
or such claim or cause of action is barred. No recovery may be sought
or received for damages other than out-of-pocket expenses, except that
the prevailing party will be entitled to costs and attorneys' fees. In
the event of any controversy or dispute between PLUGOLA and you arising
out of or in connection with your use of the Site, the parties shall attempt,
promptly and in good faith, to resolve any such dispute. If we are unable
to resolve any such dispute within a reasonable time (not to exceed thirty
(30) days), then either party may submit such controversy or dispute to
mediation. If the dispute cannot be resolved through mediation, then the
parties shall be free to pursue any right or remedy available to them
under applicable law.
Void Where Prohibited
PLUGOLA administers and operates the www.plugo.la web site from its location
in Chicago, IL, USA. Although the Site is accessible worldwide, not all
features, products or services discussed, referenced, provided or offered
through or on the Site are available to all persons or in all geographic
locations, or appropriate or available for use outside the United States.
PLUGOLA reserves the right to limit, in its sole discretion, the provision
and quantity of any feature, product or service to any person or geographic
area. Any offer for any feature, product or service made on the Site is
void where prohibited. If you choose to access the Site from outside the
United States, you do so on your own initiative and you are solely responsible
for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on
the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or
other tribunal of competent jurisdiction to be void or unenforceable,
such provisions shall be limited or eliminated to the minimum extent necessary
and replaced with a valid provision that best embodies the intent of these
Terms of Use, so that these Terms of Use shall remain in full force and
effect. These Terms of Use constitute the entire agreement between you
and PLUGOLA with regard to your use of the Site, and any and all other
written or oral agreements or understandings previously existing between
you and PLUGOLA with respect to such use are hereby superseded and canceled.
PLUGOLA will not accept any counter-offers to these Terms of Use, and
all such offers are hereby categorically rejected. PLUGOLA’s failure to
insist on or enforce strict performance of these Terms of Use shall not
be construed as a waiver by PLUGOLA of any provision or any right it has
to enforce these Terms of Use, nor shall any course of conduct between
PLUGOLA and you or any other party be deemed to modify any provision of
these Terms of Use. These Terms of Use shall not be interpreted or construed
to confer any rights or remedies on any third parties.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential.
PLUGOLA shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change
without notice. Copyright © 2008 PLUGOLA Inc. All rights reserved. PLUGOLA
Inc., 1404 N. Noble St., Suite #2, Chicago, Illinois 60622, USA.
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