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Terms & Conditions of Use
ACCEPTANCE OF THE TERMS OF USE.
Welcome to www.My3Solutions.com (the “Website”), which is owned and operated by
Tres Solutions Inc, a Texas Limited Liability Company and/or its affiliates
(collectively “My3Solutions”). Your access to this Website and to My3Solution
services is governed by the following terms and conditions (“Terms of Use”) and
the Privacy Policy. My3Solutions strongly recommends that, as you read the Terms
of Use, you also access and read the linked information. By using the Website,
you agree to abide by the Terms of Use and the Privacy Policy, whether you are a
visitor (which means that you simply browse the Website without being
registered) or you are a member (which means that you are a registered user of
the Website, whether a buyer or a Vendor(defined below)). By accepting the Terms
of Use, you agree that the Terms of Use and Privacy Policy will apply whenever
you use the Website or My3Solutions services, or when you use the tools we make
available to interact with the Website and My3Solutions services. If you do not
agree to these Terms of Use, please do not use the Website.
AGE REQUIREMENT
This Website is not intended for use by minors. If you are under 18 years of
age, then please do not use the Website or any services offered on the Website.
Talk to your parent or guardian about what sites are appropriate for you.
PRIVACY
Please review our
Privacy Policy, which also governs your visit to My3Solutions.com, to understand our
practices.
ELECTRONIC COMMUNICATIONS
When you visit the Website or send emails to My3Solutions, you consent to
receive communications from us electronically. We may communicate with you by
email, fax, or by posting notices on the Website. In addition, 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.
ACCOUNT
If you use this Website, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and
you agree to accept responsibility for all activities that occur under your
account or password. You agree to notify My3Solutions immediately of any
unauthorized use of your account or any other breach of security. My3Solutions
will not be liable for any loss that you may incur as a result of a third party
using your password or account, either with or without your knowledge. You may
be held liable for losses incurred by My3Solutions or another party including
but not limited to other members caused by a third party (s) using your account
or password. My3Solutions reserves the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in its sole discretion.
You may not use anyone else's account at any time for any reason whatsoever. You
may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer
your account (including your account ID or password) to a third party without
the prior written consent of My3Solutions.
My3Solutions may suspend or terminate your account or the account of the
transferee in the event of a sale, offer to sell, gift, assignment or transfer
in violation of the Terms of Use.
If you are a business entity, you represent that (i) you have the authority to
bind the entity to this Terms of Use; (ii) the address you use when registering
is the principal place of business of such business entity; and (iii) all other
information submitted to My3Solutions while setting up your account and at all
times is true, accurate, current and complete.
CANCELLATION
To cancel your account, you are required to contact us directly. Inactivity on
your account does not constitute or imply cancellation of the service, and you
are responsible for all charges incurred until official cancellation occurs with
us. We accept account cancellation requests via email Info@My3Solutions.com
Once you have submitted a request to cancel, we will confirm a cancellation date
of the last day of the current billing cycle from when we received your request,
so you know when your account information will be removed from the Website.
UNAUTHORIZED USE
Any illegal or unauthorized use of the Website or of My3Solutions services shall
constitute a violation of these Terms of Use. You do not have permission to
access the Website in any way that violates the Terms of Use. You agree to not
use the Website for any illegal or unauthorized activity, which includes, but is
not limited to:
posting content or items in an inappropriate category or areas on the
Website;
using the Website, My3Solutions services or tools if you are not able to
form legally binding contracts, are under the age of 18, or are temporarily or
indefinitely suspended from using the Website, My3Solutions services or tools;
failure to deliver payment for items purchased by you, unless the Vendor
has materially changed the item's description after you ordered the item, a
clear typographical error is made, or you cannot authenticate the Vendor’s
identity;
failure to deliver items sold by you, unless the buyer fails to meet the
posted terms, or you cannot authenticate the buyer's identity;
manipulation of the price of any item or interference with other users or
members' listings;
circumventing or manipulating My3Solutions Fees or payment structure, the
billing process, or payments owed to My3Solutions;
posting false, inaccurate, misleading, defamatory, or libelous content
(including personal information);
taking any action that may undermine the feedback or ratings systems
(such as displaying, importing or exporting feedback information off of the
Website or using it for purposes unrelated to My3Solutions);
transferring your My3Solutions account (including feedback) and user ID
to another party without our consent;
distributing or posting spam, unsolicited or bulk electronic
communications, chain letters, or pyramid schemes;
distributing viruses or any other technologies that may harm
My3Solutions, or the interests or property of My3Solutions users;
exporting or re-exporting any My3Solutions tools except in compliance
with the export control laws of any relevant jurisdictions;
copying, modifying or distributing rights or Content from the Website,
My3Solutions services or tools or My3Solutions copyrights and trademarks;
Infringement of any copyright, trademark or patents owed by or licensed
to My3Solutions.
harvesting or otherwise collecting information about users, including
email addresses, without their consent.
engaging in any criminal or tortuous activity, including child
pornography, fraud, trafficking obscene material, harassment, stalking,
spamming, sending viruses or any other harmful files, theft or disclosure of
trade secrets;
impersonating any person or entity or misrepresenting your affiliation
with a person or entity;
interference with or disruption of the Website or servers or networks
connected to the Website, or disobeying any requirements, procedures, policies
or regulations of networks connected to the Website; and
intentionally or unintentionally violating any applicable local, state,
national or international law, third party rights or My3Solutions policies.
My3Solutions reserves the right to investigate complaints or reported violations
of the Terms of Use and to take any action My3Solutions deems appropriate
including, but not limited to, reporting any suspected unlawful activity to law
enforcement officials, regulators, or other third parties and disclosing any
information necessary to such persons or entities relating to user profiles,
e-mail addresses, usage history, posted materials, IP addresses and traffic
information. My3Solutions reserves the right to seek all remedies available to
it, whether at law or in equity, for violations of the Terms of Use, including
but not limited to, civil, criminal and injunctive redress and the right to
block access from a particular Internet address to the Website and its features.
TRANSACTIONS BETWEEN BUYERS AND VENDORS
Through the Website, we provide an electronic web-based platform for exchanging
information between sellers, food manufacturers and food distributors of local
food products and services (“Vendor”) and buyers. My3Solutions does not
represent Vendor or the buyer in any specific transactions, and therefore does
not control and is not liable to or responsible for the quality, safety,
lawfulness or availability of the products or services offered for sale on the
Website or the ability of the Vendors to complete a sale or the ability of
buyers to complete a purchase.
You are hereby made aware that there are risks of dealing with people acting
under false pretenses. My3Solutions verifies the accuracy of certain information
you provide us when you register on the Website. However, because verification
of your information on the Internet is difficult, My3Solutions cannot and does
not confirm your purported identity. We encourage you to use the various tools,
as well as common sense, to evaluate the parties or individuals with whom you
are dealing.
You acknowledge that you are fully assuming the risks of purchase and sale
transactions when using the Website to conduct transactions, and that you are
fully assuming the risks of liability or harm of any kind in connection with
subsequent activity of any kind relating to products or services that are the
subject of transactions using the Website. Such risks shall include, but are not
limited to, misrepresentation of products and services, fraudulent schemes,
unsatisfactory quality, failure to meet specifications, defective or dangerous
products, unlawful products, delay or default in delivery or payment, cost
miscalculations, breach of warranty, breach of contract and transportation
accidents. Such risks also include the risks that the manufacture, importation,
distribution, offer, display, purchase, sale and/or use of products or services
offered or displayed on the Website may violate or may be asserted to violate
third party rights, and the risk that you may incur costs of defense or other
costs in connection with third parties' assertion of their rights, or in
connection with any claims by any party that they are entitled to defense or
indemnification in relation to assertions of rights, demands or claims by third
party claimants. Such risks also include the risks that consumers, other
purchasers, end-users of products, or others claiming to have suffered injuries
or harms relating to product originally obtained by you from the Website as a
result of purchase and sale transactions in connection with using the Website
may suffer harms and/or assert claims arising from their use of such products.
All of the foregoing risks are hereafter referred to as "Transaction Risks." You
agree that My3Solutions shall not be liable or responsible for any damages,
liabilities, costs, harms, inconveniences, business disruptions or expenditures
of any kind that may arise as a result of or in connection with any Transaction
Risks.
You are solely responsible for all of the terms and conditions of the
transactions conducted on, through or as a result of use of the Website,
including, without limitation, terms regarding payment, returns, warranties,
shipping, insurance, fees, taxes, title, licenses, fines, permits, handling,
transportation and storage.
RELEASE
In the event that you have a dispute with any party to a transaction, you agree
to release and indemnify My3Solutions (and our agents, affiliates, directors,
officers and employees) from all claims, demands, actions, proceedings, costs,
expenses and damages (including without limitation any actual, special,
incidental or consequential damages) arising out of or in connection with such
transaction.
FEES AND CHARGES
You understand that use of the Website is subject to certain charges including
but not limited to subscription and transaction fees (“Fees”). Certain users are
charged Fees by My3Solutions.
For Vendors
When Vendor lists an item or uses My3Solutions services that have Fees
associated with it, Vendor has an opportunity to review and accept the Fees that
will be charged. My3Solutions reserves the right to change Fees from time to
time. Unless otherwise stated, all Fees are quoted in U.S. Dollars and Vendor is
responsible for paying all Fees and applicable taxes associated with the use of
the Website and My3Solutions services in a timely manner with a valid payment
method. If Vendor’s payment method fails or Vendor’s account is past due,
My3Solutions may collect Fees owed using other collection mechanisms. (This
includes charging other payment methods on file with us, retaining collection
agencies and legal counsel, and for accounts over 180 days past due, deducting
the amount owed from Vendor’s PayPal account balance.)
For Buyers
Buyers are responsible for paying the stated amounts and applicable taxes
associated with the transaction in a timely manner with a valid payment method.
PRICING
Except where noted otherwise, the prices displayed for products on the Website
represent actual prices provided by Vendors. Despite our best efforts, pricing
may or may not represent the actual price in every area on any particular day
for whatever reason.
PRODUCT AND MEMBER INFORMATION
My3Solutions attempts to be as accurate as possible. However, My3Solutions does
not warrant that product or member information including buyer, Vendor or other
content of this site is accurate, complete, reliable, current, or error-free.
PRODUCT DESCRIPTIONS
My3Solutions posts product descriptions as provided by the Vendors/members on
the Website. My3Solutions makes no representations in connection with the
products on the Website or the related description of such products.
My3Solutions does not warrant that product descriptions or other content of the
Website is accurate, complete, reliable, current, or error-free.
TITLE AND RISK OF LOSS
All items ordered through My3Solutions are made pursuant to a shipment contract
by and between third parties. We do not transfer legal ownership of items from
the Vendor to the buyer, and nothing in this agreement shall modify the
governing provisions of Md. Code Ann., Com. Law
§2-401 (2) and Uniform Commercial Code § 2-401(2), under which legal ownership
of an item is transferred upon physical delivery of the item to the buyer by the
Vendor. Unless the buyer and the Vendor agree otherwise, the buyer will become
the item's lawful owner upon physical receipt of the item from the Vendor in
accordance with Md. Code Ann., Com. Law
§2-401
(2)and Uniform Commercial Code § 2-401(2).
CONTENT AND MARKS
The content on the Website, including without limitation, text, software,
scripts, graphics, images, button icons, clips, digital downloads, data
compilations, sounds, videos, articles, and the like ("Content"); My3Solutions
trademarks, service marks, service names, and logos contained therein ("Marks");
and all the software used on this Website (“Software”), are owned by or licensed
to My3Solutions and are subject to copyright, trademarks, design, patents and
other intellectual property rights under United States and foreign laws and
international conventions.
LIMITED LICENSE
Content, Marks and the Website is provided to you “AS IS” for your information
and authorized use only and you agree not to use, copy, reproduce, alter,
modify, perform, create derivative works from, broadcast, transfer, assign,
license, sublicense, distribute, transmit, display, sell, convey otherwise
exploit for any other purposes whatsoever without the prior written consent of
My3Solutions and or/respective licensors.
My3Solutions grants you a non-exclusive, nontransferable, revocable, limited
license to access and use the Website and Content in accordance with the Terms
of Use. You may not disassemble, decompile or otherwise reverse engineer all or
any portion of Website and Content or Marks. You acknowledge that the Website,
including the Content and Marks, is subject to applicable export control laws
and regulations of the United States. You agree not to export or re-export the
Website, Content or Marks, directly or indirectly, to any countries that are
subject to U.S. export restrictions.
The limited license provided herein does not confer any right, title or interest
in or to the Marks. You shall do nothing, nor authorize nor allow any of your
representatives, employees, agents or affiliates, to do anything that is
reasonably likely to impair, dilute or bring disrepute to My3Solutions or the
Marks or to any goodwill associated with My3Solutions or the Marks.
Any Software that is made available to download from this Website is the
copyrighted work of My3Solutions and/or our respective suppliers/licensors. Your
use of such Software is governed by the terms of the end user license agreement,
if any, which accompanies, or is included with the Software ("License
Agreement"). You may not install or use any Software that is accompanied by or
includes a License Agreement unless you first agree to the License Agreement
terms. For any Software made available for download on this Website not
accompanied by a License Agreement, My3Solutions hereby grants to you, the user,
a limited, personal, nontransferable license to use the Software for viewing and
otherwise using this Website in accordance with these Terms of Use and for no
other purpose.
No right, title or interest in any portion of the Website or Content is
transferred to you, whether as a result of use of the Website or such Content or
otherwise. Any unauthorized use terminates the permission or license granted by
My3Solutions. My3Solutions reserves all rights not expressly granted in and to
the Website, Content and the Marks. Except as stated in the Terms of Use, no
other use of Content, Software, Website or Marks is authorized without the
express prior written consent of My3Solutions.
When Users Provide Content or Marks
My3Solutions does not control or endorse any information including content,
graphics, data, logos, prices trademarks, service marks and service names (“User
Content”) that you and others post on the Website or provide to My3Solutions.
Except for material that we license to you, we do not claim ownership of the
User Content you post or provide.
The Website includes public areas available to the general public, shared areas
available to others and personal areas where you have not granted access to
others. In the course of using the Website and subscribing to My3Solutions
services if you share the User Content with others on the Website, in either
public or shared areas, then you understand and agree that others with whom you
have shared User Content may use that content. You grant to those members of the
public a non exclusive permission to access and use the User Content in
accordance with this Section on Limited License and the Terms of Use. If you do
not want others to have those rights, please do not share your User Content with
them.
You understand that My3Solutions may need and you hereby grant My3Solutions a
non exclusive, perpetual, irrevocable, worldwide and royalty free license to
use, modify, copy, distribute and display User Content posted on the Website to
the extent necessary to provide services. This includes:
storing and retrieving the User Content;
making the User Content available to you and to those members of the
public to whom you have granted access or to the general public (for User
Content posted on public areas of the service);
Sublicensing in accordance with these Terms of Use and to the extent
necessary to provide services;
conforming to connecting networks' technical requirements; and
conforming to the Terms of Use.
You understand that sharing User Content that violates others' copyrights and
other intellectual property rights violates these Terms of Use. You represent
and warrant that you have all the rights necessary for you to grant the rights
in this section on Limited License and that the use and publication of the User
Content does not breach any law. We will not pay you for your User Content. We
may refuse to publish your User Content and may remove your User Content from
the Website at any time.
LINKS TO THIRD-PARTY SITES
The Website may contain links to third-party websites that are not owned or
controlled by My3Solutions. My3Solutions has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any
third-party websites. By using the Website, you expressly relieve My3Solutions
from any and all liability arising from your use of any third-party website.
Accordingly, we encourage you to be aware when you leave the Website and to read
the terms of use and privacy policy of every other website that you visit.
Unless we expressly state otherwise, the fact that the Website has provided a
link to a site is not an endorsement, authorization, sponsorship, or affiliation
with respect to such site, its owners, or its providers.
INTERNATIONAL USERS
Because of the global nature of the Internet, as a condition of your use of the
Website, you agree to comply with all local rules with respect to your account
and your online conduct, including all laws, rules, codes, and regulations of
the country in which you reside and the country from which you access the
Website, including without limitation, all laws, rules, codes, regulations,
decrees, acts, orders, directives, legislation, bills, and statutes pertaining
to tax, contracts, intellectual property, securities, e-commerce, banking,
technology, computers, fraud, and privacy. In addition, you agree to comply with
all applicable laws, rules, codes, and regulations regarding the transmission of
technical data exported from the United States.
DISCLAIMER OF WARRANTIES
THE WEBSITE IS PROVIDED BY MY3SOLUTIONS ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MY3SOLUTIONS
EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. MY3SOLUTIONS EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE
WEBSITE, THE SERVICES, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE
WEBSITE WILL BE FREE FROM ERRORS, DELAYS OR INTERRUPTIONS, THAT ALL ERRORS WILL
BE CORRECTED, OR THE WEBSITE WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE AND
AGREE THAT (I) WE HAVE NO CONTROL OVER THE AVAILABILITY OF THE WEBSITE ON A
CONTINUOUS OR UNINTERRUPTED BASIS; (II) WE ARE NOT RESPONSIBLE FOR THE
FUNCTIONALITY OF ANY THIRD-PARTY WEBSITE, INTERFACE, OR LINK; (III) THE TERMS
AND CONDITIONS SET FORTH HEREIN ARE SUBJECT TO THE LIMITATIONS OF OUR HARDWARE,
SOFTWARE AND BANDWIDTH; (IV) WE ARE NOT RESPONSIBLE FOR THE PRODUCTS OR PRODUCT
QUALITY POSTED BY VENDORS ON THE WEBSITE OR ANY RISK IN CONSUMING OR ANY
INJURIES (PHYSICAL, MENTAL OR EMOTIONAL) RESULTING FROM YOUR CONSUMPTION OF ANY
PRODUCT POSTED BY VENDORS ON THE WEBSITE; AND (V) OUR FAILURE TO MAKE THE
WEBSITE AVAILABLE BECAUSE OF TECHNICAL DIFFICULTIES OR FOR ANY REASON OUT OF OUR
CONTROL DOES NOT AMOUNT TO A FAILURE TO MEET THE OBLIGATIONS OR RESULT IN A
BREACH BY MY3SOLUTIONS OF THE TERMS OF USE, AND YOU EXPRESSLY WAIVE ALL RIGHT TO
DISPUTE SUCH FAILURE. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OUR
SERVICES OR WEBSITE. WE MAY UPDATE, IMPROVE, OR OTHERWISE MODIFY THE WEBSITE (OR
ANY OF ITS INDIVIDUAL FEATURES OR FUNCTIONALITIES) AT ANY TIME AS WE SEE FIT IN
OUR SOLE DISCRETION. MY3SOLUTIONS DOES NOT WARRANT THAT THE WEBSITE, ITS
SERVERS, OR EMAILS SENT FROM MY3SOLUTIONS ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. MY3SOLUTIONS IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ACCIDENT, WAR,
ACTS OF GOD, EMBARGO, COMPUTER SYSTEM FAILURE, OR ANY OTHER CIRCUMSTANCE BEYOND
ITS CONTROL WHATSOEVER.
LIMITATION OF LIABILITIES
UNDER NO CIRCUMSTANCES SHALL MY3SOLUTIONS BE LIABLE TO YOU FOR ANY PUNITIVE,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOSSES,
COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, MONEY,
GOODWILL, REPUTATION OR INTERRUPTION OF BUSINESS (EVEN IF MY3SOLUTIONS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE USE OF THE WEBSITE
OR ANY SERVICES PROVIDED THEREIN. IN NO EVENT SHALL THE TOTAL OBLIGATIONS OR
LIABILITY OF MY3SOLUTIONS HEREUNDER EXCEED $100. REGARDLESS OF ANY LAW TO THE
CONTRARY, NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST MY3SOLUTIONS
MORE THAN ONE YEAR AFTER THE DATE UPON WHICH THE CLAIM AROSE.
INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless
My3Solutions and our parents,
subsidiaries, successors, and affiliates, and each of their respective
directors, officers, agents, representatives and employees, from any and all
losses, claims, causes of action, damages, demands, costs, liabilities
(including legal costs on a full indemnity basis) which may arise, directly or
indirectly, from or is related to or is a result of (i) your use of the Website
(including but not limited to the display of your information on the Website) or
from your breach of any of the terms and conditions set forth herein; (ii) your
breach of any representations and warranties made by you to My3Solutions or
(iii) any claims asserted by a third party relating to products offered or
displayed on the Website.
GENERAL PROVISIONS
The Terms of Use constitute the entire agreement with respect to the subject
matter hereof. No waiver by My3Solutions of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent breach or default.
If any part of the Terms of Use is determined by a court of competent
jurisdiction to be invalid or unenforceable, it will not impact any other
provision of the Term of Use, all of which will remain in full force and effect.
Any and all disputes relating to the Terms of Use, your use of the Website, or
any other My3Solutions service are governed by, and will be interpreted in
accordance with, the laws of the State of Maryland, without regard to any
conflict of laws provisions. Headings are for reference purposes only and do not
limit the scope or extent of such section. Our failure to act with respect to a
breach by you or others does not waive our right to act with respect to
subsequent or similar breaches. We do not guarantee we will take action against
all breaches of the Terms of Use.
DISPUTES
Any dispute relating in any way to your visit to the Website or to products you
purchase through the Website shall be submitted to confidential arbitration in
Waco,Texas, except that, to the extent you have in any manner violated or
threatened to violate My3Solutions intellectual property rights, My3Solutions
may seek all remedies available to it, whether at law or in equity, including
without limitation, injunctive or other appropriate relief in any state or
federal court in the State of Texas, and you consent to
exclusive jurisdiction and venue in such courts. Arbitration under the Terms of
Use shall be conducted under the rules then prevailing of the American
Arbitration Association. The arbitrator's award shall be binding and may be
entered as a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under the Terms of Use shall
be joined to an arbitration involving any other party subject to the Terms of
Use, whether through class arbitration proceedings or otherwise.
CONFLICT OF TERMS
If there is a conflict or contradiction between the provisions of these Terms of
Use and any other relevant terms and conditions, policies or notices, the other
relevant terms and conditions, policies or notices which relate specifically to
a particular section or module of the Website shall prevail in respect of your
use of the relevant section or module of the Website.
WEBSITE POLICIES, MODIFICATION, AND SEVERABILITY
If there are material changes to our Terms of Use, we will post a link to our
revised Terms of Use on the Website. Your continued use of the Website will
constitute your acceptance of any revised Terms of Use. We reserve the right to
make changes to our Website, policies, and the Terms of Use at any time. We may
amend the Terms of Use at any time by posting the amended terms on the Website
or on our home page. Except as stated elsewhere, all amended terms shall
automatically come into force from the date they are posted on the Website.
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