Effective Date: 10/1/2021
Welcome to Plexuss.org, which is owned and operated by the PLEXUSS FOUNDATION, a Wyoming non-profit organization, (referred to as “PLEXUSS,” “the Organization,” “We,” or “Us”) of San Ramon, California in the United States of America.
THESE TERMS GOVERN YOUR ACCESS AND USE OF THE SERVICE WHETHER AS A VISITOR, GUEST, SUBSCRIBER, OR A REGISTERED USER WITH A PROFILE OR ACCOUNT.
Our Service is not intended for nor targeted toward children under the age of thirteen (13). We do not knowingly collect personal information as defined by the United States Children’s Online Privacy Protection Act (“COPPA”) from children under the age of thirteen (13), and if we learn that we have collected such information, we will delete the information in accordance with COPPA. If you are a child under the age of thirteen (13), you are not permitted to use the Service and should not send any information about yourself to us through the Service. If you are a parent or guardian and believe we have collected information in a manner not permitted by COPPA, please contact us via email at email@example.com
Any California residents under the age of eighteen (18) who have registered to use the Service, and who posted content or information on the Service, can request removal by contacting PLEXUSS using the below information:
Attention: Compliance Officer
231 Market Place
San Ramon, California 94583
When you contact us detailing where the content or information is posted and attesting that you posted it. PLEXUSS will then make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished or archived content by search engines and others that PLEXUSS does not control.
The Service is offered and available to users who are 13 years of age or older. By using this Service, you represent and warrant that you are of legal age to form a binding contract with PLEXUSS and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.
We do offer certain tutoring and coaching services to those under the age of 13, however, no one under the age of 13 is allowed to a) maintain an account or be a registered user of the Service or b) utilize any other component of the Service other than our live tutoring and coaching services. A PARENT OR GUARDIAN OF ANYONE UNDER THE AGE OF 13 IS REQUIRED TO ACCOMPANY AND SUPERVISE THEIR CHILD AT ALL TIMES WHEN THEIR CHILD IS RECEIVING ANY TUTORING AND COACHING SERVICES THROUGH THE SERVICE.
The PLEXUSS FOUNDATION, operator of the Service including unlimitedtutoring.com and PLEXUSS PRIME, has an affiliation with PLEXUSS, INC. Separate from the Service, PLEXUSS, INC. operates a platform separate from this Service called plexuss.com, however, users and subscribers of each platform are distinctive to each organization. In other words, individuals who wish to utilize the services of the PLEXUSS FOUNDATION (e.g. tutoring and coaching) will need to set-up an account with the PLEXUSS FOUNDATION. Conversely, any individuals utilizing the services of the PLEXUSS FOUNDATION who wish to utilize the services of plexuss.com must sign-up for a separate account with plexuss.com. No personally identifiable information (“PII”) collected by this Service will be shared with PLEXUSS, INC., without your permission or authorization for any commercial purposes. It may be necessary, however, to share PII as it relates to the operation or management of your account from our Service as we rely on PLEXUSS, INC. for certain technical and operational functions for the Services we provide.
PLEXUSS reserves the right to withdraw or amend this Service, and any service or material we provide through the Service, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users with a profile.
You are responsible for:
PLEXUSS reserves the right to access individual users’ accounts or profiles for technical and administrative purposes and for security reasons. The information obtained in such a manner will not be processed or made available to third parties unless required by law.
The Service and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by PLEXUSS, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You may store files that are automatically cached by your browser for display enhancement purposes. If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. If we provide social media features with certain content, you make take such actions as are enabled by such features.
You must not:
If you wish to make any use of material on the Service other than that set out in this section, please address your request to firstname.lastname@example.org.
Access to any tutoring and/or coaching services provided through the Service is limited to authorized subscribers only. Subscriptions are available by paid monthly or annual subscription plan or package (“Subscription Services”). You may also receive subscription access through vouchers or access codes (“Access Codes”) that your school, college, house of worship, community organization, or other entity you may be affiliated with, has provided for your own individual use.
Access Codes provide specific access to certain tutoring and/or coaching services for specific periods of time, availability, and under certain conditions that are unique to the Access Code you receive - either at no cost to you or a discounted cost to you. Depending on the Access Code you receive, you may be able to add-on services and features you individually pay for and/or continue to use tutoring and/or coaching services after your Access Code has expired or is otherwise no longer available for use. Access Codes may not be transferred, shared, or sold to any other party. To use an Access Code, you may be required to authenticate your identity.
When you sign-up for our Subscription Services, you will select a package or service plan (“Plan”). Each Plan has distinct features and services. The features include:
Maximum Sessions Per Month: This represents the upper limit of the number of sessions you book in any given month. Maximum Sessions are not a guarantee that you will be able to enjoy/utilize all the Maximum Sessions in any given monthly billing period. Your ability to schedule sessions and use the Services is based on your scheduling and subject requirements. Your Subscription Service fees for access to the Services but is not a payment for specific blocks of sessions. Each Plan has a distinct number of sessions.
Maximum Sessions Per Year: This represents the upper limit of the number of sessions you can book in any given year (within 12 months of signing up for the Services). The Maximum Sessions Per Year accrues pro rata over the 12 month period after you sign-up. It does not supercede the Maximum Sessions Per Month even if you have purchased an Annual Subscriber
Carry-Over of Sessions: In the event you have not exceeded your Maximum Sessions in any given month, the sessions that are not utilized will carry-over to the next month of your service provided a) you remain and are a paying subscriber, b) your account is in good-standing and current, and c) have not exceeded your Maximum Sessions Per Year. You understand that if you cancel the Subscription Services, you will immediately lose any Carry-Over Sessions. Further, you agree that Carry-Over Sessions are not redeemable for any credit, billing adjustment, refund, cash, additional services, and/or any other consideration.
Overage Sessions: In the event you exceed your Maximum Sessions Per Month or Maximum Sessions Per Year and you wish to schedule additional sessions, you may do so at a fee of $ 25.00 per session. The fee is a flat rate for up to a 60 minute session or 30 minute session as applicable. There will be no discount if the session does not occupy all 60 minutes or 30 minutes of the time period (as applicable). All Overage Sessions will be billed when confirmed and must be prepaid at the time of scheduling.
Recurring Sessions: Certain Plans allow you to schedule recurring sessions. If you would like to schedule recurring sessions above and beyond your Maximum Sessions Per Month (or Per Year), you may do so. All Recurring Sessions shall be billed at the Overage Session Rate of
$ 25 per session. Billing shall apply to any session you book above and beyond your plan limits based on your Plan limits and the total number of sessions you have at the time you have booked the Recurring Sessions. Any Recurring Sessions that you pay are non-refundable and cannot be cancelled or rescheduled.
Any session that has been scheduled counts as a utilized session unless you a) cancel the session within 24 hours of the session through the portal and/or b) we cancel the session and are unable to reschedule it. Failure to show up for a session counts as a session you utilized.
All payments made to the Organization to access paid Subscription Services, including but not limited to, PLEXUSS PRIME and unlimitedtutoring.com, must be made from a payment source on which you are the named Account holder. We currently only accept payments made by a major credit or debit card (i.e., VISA, MasterCard, DISCOVER or American Express).
You agree that we will not be liable for any loss caused by any unauthorized use of your credit card or any other method of payment by a third party in connection with the Subscription Services. Any attempt to defraud the Service through the use of credit cards or other methods of payment will result in immediate termination of your account and civil and/or criminal prosecution. In the case of suspected or fraudulent payment, including use of stolen credentials, by anyone, or any other fraudulent activity, we reserve the right to block your account and profile. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity, and may employ collection services to recover payments.
The Organization may use third party electronic payment processors and/or financial institutions (collectively, “ESPs”) to process financial transactions. You irrevocably authorize us, as necessary, to instruct such ESPs to handle such transaction and you irrevocably agree that Organization may share your personal information, including information about your financial accounts, with such ESPs for this purpose and give such instructions on your behalf in accordance with your requests as submitted on the Service. You agree to be bound by the terms and conditions of use of each applicable ESP and in the event of a conflict between these Terms and the ESP’s terms and conditions, then these Terms shall prevail.
To provide continuous service, the Organization automatically renews all paid subscriptions, as it relates to any paid subscription services offered by the Service. Such renewals are generally for the same duration as the original subscription term (for example, a 1-month subscription will renew on a monthly basis and a 1-year subscription will renew on an annual basis). By making a purchase through the Service, you acknowledge that your account will be subject to the above- described automatic renewals. In all cases, if you do not wish your account to renew automatically or if you wish to terminate automatic renewal at any time, please contact us at email@example.com.
Please note that any access to the Subscription Services may be interrupted as a result of a canceled or expired credit/debit card or due to revocation of your billing authorization, which the Organization has no control over. It is your responsibility to maintain updated payment methods to continue accessing the Service and the Subscription Services.
When you make a purchase via the Service or sign-up for any paid subscription access, you will receive an email receipt. For paid subscriptions, you may cancel at any time before your subscription renews at the next billing. Upon cancellation, you will not be charged further starting from the date of cancellation. However, you will not receive a refund when you cancel unless you do so in writing and within the seven (7) calendar day trial period of your initial sign-up for a particular product of service. All cancellations and requests for refunds must be made by emailing firstname.lastname@example.org or by submitting a Subscriber Services Inquiry via the Subscriber Portal. All cancellation requests must be made in writing.
PLEXUSS PRIME, PLEXUSS FOUNDATION, and unlimitedtutoring.com, and all related names, logos, product and service names, designs and slogans are trademarks of the Organization or its affiliates or licensors. You must not use such marks without the prior written permission of the Organization. All other names, logos, product and service names, designs and slogans on this Service are the trademarks of their respective owners.
You agree not to use the Service:
Additionally, you agree not to:
If you observe any user of the Service to be in violation of any of these prohibited uses, please let us know by clicking here.
Parts of our Service may permit you to submit reviews, newsfeeds, articles, ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other content, including Personal Information for public availability (collectively, “User Content”). Any User Content you post or otherwise share within the Service, including but not limited to content you add to your profile or other user profiles or in one-on-one messages with other users or persons, will be considered non-confidential and non-proprietary. By providing any User Content on the Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a perpetual, irrevocable, worldwide, paid-up, non-exclusive license and right, including the right to sublicense to third parties, to use, reproduce, fix, adapt, modify, translate, reformat, create derivatives works from, publish, sell, license, sublicense, transfer, rent, lease, transmit, publicly perform, publicly display, distribute, or provide access to electronically broadcast, display, perform, enter into computer memory; and the right to use and practice such User Content online or offline in any media format (currently existing or hereinafter developed) as well as modified and derivative works thereof for any purpose, and may or may not attribute it to you.
Please keep in mind that if you share User Content, others have the ability to access and share it with third parties. PLEXUSS is not responsible for the privacy, security, accuracy, use, or misuse of any User Content that you disclose or receive from third parties via our Service.
In sharing or posting any User Content, you represent and warrant that:
PLEXUSS has the right to take any of these actions at its sole discretion and with or without notice to you or any other user or party:
YOU WAIVE AND HOLD HARMLESS THE ORGANIZATION AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE ORGANIZATION ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE ORGANIZATION/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
You understand and acknowledge that PLEXUSS does not review all material, including but not limited to User Content or content provided by third parties, before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. PLEXUSS shall assume no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Content and use of all Interactive Services including, but not limited to, social media features of the Service. User Content must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Content must not:
If you believe any user of the Service to be in violation of our Content Standards, please let us us know immediately by writing email@example.com or by calling 925-737-1000.
If you believe that any User Content violates your copyright, please contact us immediately by email at firstname.lastname@example.org or by mail at this address:
Attention: Compliance Officer
231 Market Place
San Ramon, California 94583
It is the policy of the Organization to terminate the user accounts and profiles of repeat infringers.
The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.
This Service includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Organization, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Organization. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
PLEXUSS offers life and academic coaching, tutoring, and college admissions counseling services (collectively referred to as “Coaching Services”). Some services are offered free-of-charge to the user while others are available through paid subscription plans (e.g. PLEXUSS PRIME, unlimitedtutoring.com) through the Service. Whether paid or free, all Coaching Services are made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of the information you obtain through the Coaching Services. You understand and acknowledge that all Coaching Services are designed to provide you with a basic level of support as it relates to a) general college admissions process and college selection inquiries, b) generalized tutoring support and c) general student/life coaching. You further agree that our Coaching Services should be used as a supplement support you receive at your school, home and in your community whether from teachers, counselors, coaches, family members, mentors, and other professionals who have the best understanding of your individual situation and needs. COACHING SERVICES ARE NOT INTENDED TO SERVE AS A REPLACEMENT OR SUBSTITUTE FOR A) COMPREHENSIVE COLLEGE COUNSELING AND GUIDANCE THAT IS OFFERED IN A SCHOOL SETTING, B) ACADEMIC SUPPORTS AVAILABLE THROUGH YOUR SCHOOL OR COMMUNITY, AND C) LICENSED THERAPISTS AND COUNSELORS. Any reliance you place on any information obtained through the Coaching Services is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Service, or by anyone who may be informed of any of its contents. We can also not guarantee that any aspect of the Coaching Services can provide sufficient guidance or advising for every issue you may require such support.
FURTHER, YOU UNDERSTAND THAT THE COACHING SERVICES ARE NOT A MENTAL HEALTH COUNSELING SERVICE. The Coaching Services should never be relied upon and cannot be utilized for such counseling. Any user of the Service requesting such counseling will be advised to contact their school-based counselor or community resources, referred to their local emergency room, and provided with a referral to the National Suicide Prevention Hotline at 1-800-273-8255, available 24 hours a day.
PLEXUSS employs reasonable efforts to provide generalized coaching, tutoring, supplemental advising on the college admissions process and college selection through the Coaching. PLEXUSS does not warrant or represent that any representatives of the Service or the Coaching Services will have any specific level of experience, education, expertise, credentialing, licensing, and/or certification.
Our Coaching Services are designed to provide a single student subscriber (per paid subscription in the case of paid plans/packages) with the ability to book one-on-one tutoring and applicable coaching sessions for a flat-rate monthly or annual subscription charge. The Coaching Service is offered to users and subscribers based on the following additional terms and conditions:
It is also understood that PLEXUSS has the sole discretion to suspend or discontinue services to any subscriber at any time, with or without notice, in the event PLEXUSS determines the subscriber is using the Service excessively or in an unreasonable manner, is impacting the ability of other users from accessing the Services, and/or otherwise is disruptive to PLEXUSS operations.
For safety and quality assurance purposes as well as a value-added service, PLEXUSS records all coaching and tutoring sessions conducted on the Service. As a condition of using the Service, you consent to such recording. You also consent to PLEXUSS using such recordings for future training, quality control, and product enhancement purposes.
We may update the content and features on this Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material. PLEXUSS also has the right, at its sole discretion, to adjust its pricing and features of any of its services at any time with or without notice.
All PLEXUSS paid service packages and subscriptions include a seven (7) day free trial. After your seven (7) day free trial ends, your selected PLEXUSS PRIME, unlimitedtutoring.com, OR other service subscription will be automatically billed in advance on a monthly or annual basis, based on the plan or package a subscriber selects. All subscription fees whether monthly or annual are non-refundable and no refunds will be issued. We do not offer prorated refunds for cancelled subscription plans. There will be no refunds or credits for partial months or partial years of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions can be made.
All subscriptions are recurring and will automatically renew unless cancelled prior to the date the (7) day free trial ends and/or the renewal date of each paid monthly or annual subscription.
All cancellations and requests for refunds must be made in writing by emailing email@example.com or by submitting a Subscriber Services Inquiry via the Subscriber Portal. All cancellation requests must be made in writing.
You may link to our Service or any applicable component thereof (e.g. plexuss.org or unlimitedtutoring.com), provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Service may provide certain social media features that enable you to:
PLEXUSS may disable all or any social media features and any links at any time without notice in its sole discretion.
If the Service contains links to other sites and resources provided by third parties such as websites, landing pages, applications, etc., these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party sites or services linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such Services.
PLEXUSS servers and operations are based in the United States of America. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files, content, applications, etc. available for downloading from the internet or the Service will be free of viruses or other destructive code. You are solely 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 Service for any reconstruction of any lost data.
YOUR USE OF THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE ORGANIZATION NOR ANY PERSON ASSOCIATED WITH THE ORGANIZATION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE Organization NOR ANYONE ASSOCIATED WITH THE ORGANIZATION REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
PLEXUSS HEREBY DISCLAIMS 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 ANY PARTICULAR PURPOSE AS IT RELATES TO ANY PORTION OF THE SERVICE, INCLUDING BUT NOT LIMITED TO UNLIMITEDTUTORING.COM OR PLEXUSS PRIME.PLEXUSS MAKES NO REPRESENTATIONS OR WARRANTIES AS IT RELATES TO EFFECTIVENESS AND/OR RESULTS YOU WILL EXPERIENCE THROUGH YOUR USE OF THE SERVICE.
PLEXUSS CANNOT PROVIDE ANY GUARANTEES OR ASSURANCES YOUR USE OF THE SERVICE WILL IMPROVE YOUR A) SPECIFIC CHANCES OF ADMISSION TO ANY PARTICULAR EDUCATIONAL INSTITUTION, B) PERFORMANCE ON ANY STANDARDIZED TEST SCORE, C) GRADES OR ACADEMIC PERFORMANCE, D) ELIGIBILITY FOR FEDERAL STUDENT AID (“FSA”) PROGRAMS OR STUDENT LOANS (WHETHER THROUGH FSA OR PRIVATE LENDERS), E) CHANCES OF QUALIFYING FOR ANY TYPE OF SCHOLARSHIP OR INSTITUTIONAL AID, F) ABILITY TO SECURE EMPLOYMENT OR INTERNSHIPS, AND/OR G) ABILITY TO EARN INCOME.
PLEXUSS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, FITNESS, VIABILITY, REPUTATION, SAFETY, EFFECTIVENESS, AND OR QUALITY OF ANY OF THE EDUCATIONAL INSTITUTIONS, ACADEMIC PROGRAMS, AND/OR OTHER PROGRAMS YOU ARE INFORMED ABOUT AND/OR INTRODUCED TO BY ANY PART OF THE SERVICE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT SHALL PLEXUSS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, CONSULTANTS, AND THEIR OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR PLEXUSS IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACKS, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G. YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS, MOBILE DEVICES, MOBILE APPLICATIONS, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICE LINKED TO IT, THIRD-PARTY OR OTHERWISE, OR ANY OTHER EVENTS WHATSOEVER. WITHOUT LIMITING THE FOREGOING, PLEXUSS’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICE, PRODUCTS OR WEBSITE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO PLEXUSS DURING THE SIX (6) MONTHS PRIOR TO THE DATE THE APPLICABLE CAUSE OF ACTION AROSE.
Class Action Waiver. You and PLEXUSS agree that any arbitration shall be limited to the claims and disputes between PLEXUSS and you individually. TO THE FULL EXTENT PERMITTED BY LAW: (A) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND C) THERE IS NO RIGHT OR AUTHORITY FOR ANY CLAIMS OR DISPUTES TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER MEANS.
This Service is operated by the PLEXUSS Foundation, a Wyoming non-profit corporation. All notices of copyright infringement claims and all other feedback, comments, requests for technical support and other communications relating to the Service should be directed to firstname.lastname@example.org.
Thank you for using our Service.