Terms of Service

1. Introduction

Welcome, and thank you for visiting “OnePlusSystems.com” (the “Site”). The Site is owned and operated by OnePlus Systems Inc., an Illinois corporation (hereafter “One Plus”). You can contact One Plus at any time by using the contact information contained on the Site.

These Terms of Service (hereafter “Terms”) are designed to help site users (in each case, a “User” or “You”) understand the conditions upon which One Plus makes this Site (and all related sites) available, and to help You understand Your responsibilities as You use this Site.

The Site includes all subsidiary websites and all materials incorporated into or made available on the Site. The Site may also include other terms and conditions that may be found on (or are incorporated into) the Site itself, such as; notices, business terms, policies, service charges, registration requirements, notice of third-party service providers, etc. All such terms will be considered (and are) additional Terms, and it is your responsibility to review and understand them.

2. These Terms of Service Are Binding

These Terms represent a binding contract: By accessing the Site, and/or by using any of the features or services on the Site, You are accepting these Terms and agreeing that You will be legally bound hereby. Accordingly, please review all of the terms and conditions that follow. Also, please review all of the terms included in additional policy documents that may be referenced herein (e.g. One Plus’ Privacy Policy) or are maintained by One Plus in conjunction with the Site.

IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS IN THESE TERMS, OR TO ANY CHANGES THAT THE WE MAY SUBSEQUENTLY MAKE TO THESE TERMS PLEASE IMMEDIATELY STOP ACCESSING THE SITE AND/OR USING THE SITE IN ANY WAY.

3. OPC Ownership of Site Materials, Your License to Use Site Materials

All of the content (including but not limited to product/service descriptions) that is a part of this Site, that is contained on this Site and/or that is made available for download via the Site is the property of One Plus or of third parties, and all such content is protected by US and worldwide copyright laws and other intellectual property laws. All rights that are not expressly granted by these Terms are expressly retained by OnePlus.

One Plus hereby grants each Site visitor and/or User a free, limited, temporary, cancellable, non-exclusive, non-sublicensable and non-transferable license to use the Site and One Plus’ content, solely for personal use in conjunction with the use of the Site. Unauthorized use, reproduction, modification, distribution or storage of any One Plus content is expressly prohibited. Use of the Site or any One Plus content in any way that is contrary to these Terms is prohibited.

Site users may not (and agree not to), directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site, except to the limited extent applicable laws may specifically prohibit or limit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Site; or (iii) copy, rent, lease, distribute, or otherwise transfer or misappropriate any of One Plus’ content, third party content, intellectual property rights, or features of the Site. In addition, Site users agree that they will not remove or modify any One Plus logos and/or any copyright, trademark, or other proprietary rights notices contained in or on the Site or any One Plus materials accessed via the Site.

4. Marketing Materials and Product Descriptions

The Site may contain or provide description(s) of One Plus products and services, and in addition, the Site may provide certain technical information about such products and/or services. All such information is provided by One Plus solely as a convenience for Site users and One Plus customers. The information and specifications included on the Site are believed to be accurate as of the date on which such materials are published on the Site; However, One Plus reserves the right to remove, revise, edit or otherwise change all materials contained on the Site without prior notice to any party. Materials on the Site that describe or are otherwise related to One Plus’ products or services may be incomplete, inaccurate, may contain errors or may have become out of date. Site users agree, therefore, not to rely on such information, and also agree in all cases to contact One Plus to verify applicable product/service details and specifications.

5. Legal Terms

A. Warranties and Representations

EXCEPT AS MAY OTHERWISE BE EXPRESSLY AGREED IN WRITING, THE SITE, ALL MATERIALS CONTAINED ON OR LINKED TO BY THE SITE, AND ALL PRODUCTS/SERVICES PROVICDED BY ONE PLUS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. ONE PLUS MAKES NO WARRANTIES THAT SITE MATERIALS ARE ACCURATE, COMPLETE OR ERROR-FREE.

ONE PLUS, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (i) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (ii) ANY SITE DEFECTS OR ERRORS CAN OR WILL BE CORRECTED; (iii) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND/OR (iv) THE RESULTS OF USING THE SITE OR SITE CONTENT WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. IN NO EVENT WILL ONE PLUS BE LIABLE FOR LOSS OF ANY OF YOUR CONTENT OR DATA, AND/OR FOR THE LOSS OF ANY THIRD PARTY CONTENT OR DATA.

SOME STATES MAY NOT ALLOW LIMITATIONS ON CERTAIN WARRANTIES OR ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR MAY BE LIMITED BY ACTION OF LAW. IN SUCH EVENT, YOU AGREE THAT OUR LIABILITY WILL BE THE LOWEST LIABILITY ALLOWABLE UNDER APPLICABLE LAW.

Electronic Communications Privacy Act Notice (18 USC 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. We will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other user content stored on Our equipment, transmitted over networks accessed by the Site, or otherwise connected with Your use of the Site.

B. Limitation of Liability

IN NO EVENT SHALL ONE PLUS, NOR ITS DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SITE: (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR FOR SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); (II) FOR ANY DAMAGES OF ANY KIND CAUSED BY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00) IN ANY CIRCUMSTANCE (SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU); OR (IV) FOR ANY AND ALL INJURIES, DEATH, LOSSES, COSTS, AND EXPENSES INCURRED BY YOU AND/OR ANY PERSON CLAIMING BY OR THROUGH YOU.

THE LIMITATIONS ON OUR LIABILITY TO YOU AS SET FORTH ABOVE SHALL APPLY TO THE MAXIMUM AMOUNT PERMITTED UNDER APPLICABLE LAW WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. UNLESS OTHERWSE AGREED, ALL OF THE PROVISIONS OF THESE TERMS WILL BE INTERPRETED UNDER AND IN ACCORDANCE WITH ILLINOIS LAW.

Links to other sites are provided as a public service only. One Plus does not endorse any third party web sites or their owners, and is in no way responsible for the content of third party sites.

 

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