TERMS AND CONDITIONS

This Terms and Conditions ("Terms" or "Agreement") governs your use of mPlus Technology Co., Ltd's (the "Company", "We", "Our", "Us", or "mPlus") services, hardware, software, products, and our platforms, (collectively, the "Services"). 

By using our Services, you signify that you have read, understand, and agree to be bound by these Terms and Conditions. As used herein, "You, "User" or "Users" means anyone who uses the Services or if the user represents an entity or other organization, that entity or organization.

You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms, without notice, by posting updates and/or changes to our website. It is your responsibility to check this page periodically for any such changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

This is a legal agreement between You and mPlus Technology Co., Ltd. You should carefully read this agreement. YOU MAY NOT USE OUR SERVICES OR PURCHASE OUR PRODUCTS IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS.

These Terms and Conditions were last updated on November 4, 2021.

Users must be at least 13 years of age to use the Services.

2.1. Subject to your acceptance of and compliance with this Agreement, Company grants to you a non-exclusive, non-transferable, revocable limited license to use the Service. Your use of the Service is conditioned upon your compliance with this Agreement; any use of the Service in violation of this Agreement will be regarded as an infringement of Company's copyrights in and to the Service. ANY BREACH OF THIS AGREEMENT WILL RESULT IN THE TERMINATION OF YOUR ACCESS TO OUR SERVICES.

2.1. Subject to your acceptance of and compliance with this Agreement, Company grants to you a non-exclusive, non-transferable, revocable limited license to use the Service. Your use of the Service is conditioned upon your compliance with this Agreement; any use of the Service in violation of this Agreement will be regarded as an infringement of Company's copyrights in and to the Service. ANY BREACH OF THIS AGREEMENT WILL RESULT IN THE TERMINATION OF YOUR ACCESS TO OUR SERVICES.

2.2. Any new features, services or products which are added, at our sole discretion, shall also be subject to this Agreement. Company may change, modify, suspend, or discontinue any aspect of the Service at any time. Such change, modification, suspension, or discontinuation can be for any reason and is not limited to your breach of this Agreement. Company may also impose limits on certain features or restrict or prohibit your access to parts or all of the Service without notice or liability. You agree to be bound by any rules associated with third party applications or tools used within the Service.

2.3 We reserve the sole right to either modify or discontinue the Services, including any features therein, at any time with or without notice to you. We shall not be liable to you, or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure or the addition of fee-based services. Any new features that augment or enhance the then-current Services shall also be subject to these Terms.

As a condition of your use of and access to the Service, you shall not: (a) copy or adapt the Service's software including but not limited to Flash, PHP, HTML, Java, CSS, JavaScript or other code; (b) reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service; (c) distribute any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program; (d) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service; (e) sell the Service or any part thereof including but not limited to user accounts and access to them in exchange for anything of value; (f) violate any applicable law, including without limitation any applicable export laws; or (g) allow another person or entity to use your identity in order to access the Service.

You agree that the Services would be irreparably harmed by the use, by You or others, of the Site or facilities in connection with the transmission of spam or unsolicited messages in violation of this Agreement, and that the Company is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). The Company reserves the right to block, filter or delete unsolicited email, postings, or messages.

When communicating directly with members of our team, you agree to be respectful and kind. If we feel that your behavior towards any of our team members is at any time threatening or offensive, we reserve the right to immediately terminate your access to our Services.

You agree to be responsible for any damages resulting from your breach of this Agreement and reimburse us for all of costs, expenses and fees (including all attorney's fees) arising from or relating to your breach.

If you wish to purchase any products or services, You will be required to supply certain information applicable to your purchase, including, without limitation, payment and other information. All information that you provide to us, or our third-party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes or duties relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.

In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

Notwithstanding anything else to the contrary contained in this Agreement, Company's collection, use, disclosure and sharing of any personally identifiable information you provide, or we obtain shall be governed by our Privacy Policy, which is incorporated into and part of this Agreement. For further information regarding the Company's protection of your personal information, please refer to our Privacy Policy.

Certain Services may link you to other sites on the internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that is harmful or inaccurate. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Company, or any warranty of any kind, either express or implied. 

The information and other content available through the Service is the property of the Company and others and is protected by copyright and other intellectual property laws. Information received through the Service may not be displayed, reformatted, and printed or used for any commercial purpose whatsoever without the prior written consent of the Company. All copyrights and other intellectual property rights in the Service, including without limitation all software and written and graphical content included in the Service, are owned by the Company. mPlus Technology and the mPlus logo, and any other marks used on the Site are trademarks of mPlus Technology Co, Ltd. Such marks may not be used without the prior written consent of the Company. Any use of those marks, or any others displayed on the Site, will inure solely to the benefit of their respective owners. All rights reserved.

8.1. EXCEPT AS EXPLICTLY PROVIDED ON THIS WEBSITE, YOU EXPRESSLY AGREE THAT USE OF THE SERVICE, OR PURCHASE AND USE OF OUR PRODUCTS IS AT YOUR OWN RISK AND IS ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS, NOR ANYONE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICE (COLLECTIVELY, "MPLUS PARTIES") WARRANT THAT THE SERVICE, INCLUDING THE INFORMATION MADE AVAILABLE THROUGH THE SERVICE, WILL BE UNINTERRUPTED, UNCORRUPTED, ACCURATE, RELIABLE, COMPLETE, CURRENT, TIMELY, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PAGES OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE FROM VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS.

8.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MPLUS PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST OR ANTICIPATED PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE MPLUS PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THE PARTIES INSTEAD AGREE THAT THE MPLUS PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF THE AMOUNT THAT YOU HAVE PAID THE COMPANY IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT MADE ANY PURCHASES IN THE LAST SIX (6) MONTHS.

8.3. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).

You forever release, discharge, and covenant not to sue the mPlus Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the mPlus Parties, or otherwise, in connection with use of the Service or through or as a result of the Service. In other words, you agree that you cannot sue the mPlus Parties if anything happens to you, your personal information, any individual that you provide access to use the Service, or your property in connection with use of the Service or through or as a result of the Service. You agree that the provisions in this paragraph will survive any termination of your account, the Service, or this Agreement.

You agree at all times to indemnify, defend and hold harmless the mPlus Parties harmless from any claim, causes of action, damages, liabilities, demands, costs and expenses, including reasonable attorneys' fees, made by any third-party due to or arising out of your use or misuse of the Services, your use or misuse of our products, or the use or misuse by third parties of products you bought from us, your breach of this Agreement or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

The laws applicable to the interpretation of this Agreement shall be the laws of the State of Texas, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Collin County, Texas. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Services or any of our Products, that you and Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, shall be resolved by final and binding arbitration in Collin County, Texas under the rules of the American Arbitration Association then in effect. Should you file any arbitration claims, administrative or legal actions without first having attempted to resolve the matter by mediation, then you will not be entitled to recover attorney's fees, even if you would otherwise be entitled to them.

THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. IN ADDITION, YOU HEREBY AGREE THAT ANY DISPUTES RELATED TO YOUR USE OF OUR SERVICES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. 

In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions. 

(a) This Agreement is effective until terminated by either party. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from the Company if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in the Company's sole discretion.

(b) Neither the course of conduct between the parties nor trade practice will act to modify this Agreement to any party at any time.

(c) You may not assign this Agreement without the Company's prior written consent, which may be withheld in Company's sole discretion, and any assignment without such consent shall be deemed null and void. Such anti-assignment provision shall not apply to any entity that has a right to assign its written agreement with the Company relating to the Service.

(d) The section headings used in this Agreement are for convenience only and will not be given any legal import.

(e) Upon Company's request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement.

(f) You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

(g) Company shall be excused from any delay or failure in performance required as a part of our service if caused by reason of any occurrence or contingency beyond our reasonable control, including, but not limited to, acts of God, acts of war, acts of government, epidemic, pandemic or global health crisis, fire, ordinances or regulations, strikes, earthquakes, floods, explosions, or other acts of nature. The obligations shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption.

You and Company both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement (including the Privacy Policy) must be filed within ONE (1) YEAR after such claim or cause of action arose or will be forever barred.

You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, and without notice to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

These Terms and Conditions and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire Agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous Agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party. 

Questions about the Terms and Conditions should be sent to us at info@mplustech.com.