Agreement Policy

 

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.