These Terms and Conditions of Use (the "Terms of Use") apply to the Plus Platform web site located at www.plusplatform.io, and all associated sites linked to www.plusplatform.io by Collins FMT, Inc. DBA Plus Platform, its subsidiaries and affiliates, including Collins FMT, Inc. DBA Plus Platform sites around the world (collectively, the "Site"). The Site is the property of Collins FMT, Inc. DBA Plus Platform Inc. ("Collins FMT, Inc. DBA Plus Platform", "we", "us" or "our") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Please read these Terms of Use carefully before you start to use our Site. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms of Use. IF YOU DO NOT AGREE TO THE TERMS OF USE (INCLUDING OUR PRIVACY POLICY), YOU MAY NOT USE OR ACCESS OUR WEBSITE.
Collins FMT, Inc. DBA Plus Platform reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time.
Collins FMT, Inc. DBA Plus Platform may make changes to these Terms of Use from time to time in its sole discretion, by updating this posting on this Site, and specifying the effective date of the new version of the Agreement (which may be effective immediately). The Effective Date of the current version of these Terms of Use is at the top of this page.
If we make a material change to these Terms of Use, we will notify you here, by email, by means of a notice on our home page, or other places we deem appropriate or by updating this posting on this Site, and specifying the effective date of the new version of the Agreement (which may be effective immediately). What constitutes a "material change" will be determined at our sole discretion, in good faith, and using common sense and reasonable judgment. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Site (or any portion thereof).
Your continued use of the Site, including but not limited following the posting of a new version of these Terms of Use, may be deemed to constitute your acceptance of any such changes. Subject to any limitations imposed by applicable law (including under Section 13 (Void Where Prohibited) we may, with or without prior notice, terminate any of the rights granted by these Terms of Use. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Collins FMT, Inc. DBA Plus Platform, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Some of the Content is provided by Collins FMT, Inc. DBA Plus Platform or its strategic partners, and other Content is provided by persons ("Users") who use the Site.
Except as expressly provided in these Terms of Use and Content wholly-owned or licensed by you that originated from you, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Collins FMT, Inc. DBA Plus Platform’s express prior written consent.
While Collins FMT, Inc. DBA Plus Platform strives to keep the Content that it posts on the Site accurate, complete, and up-to-date, Collins FMT, Inc. DBA Plus Platform cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Collins FMT, Inc. DBA Plus Platform or its suppliers, or by Users of the Site. We do not warrant that any Content available on the Site is reliable, current or error-free.
Any opinions, advice, statements or other information expressed or made available by Users or third parties, are those of the respective User or other third party and not of Collins FMT, Inc. DBA Plus Platform. Collins FMT, Inc. DBA Plus Platform does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Site. Collins FMT, Inc. DBA Plus Platform does not have any obligation to pre-screen, edit, or remove any Content provided by Users that is posted on or available through the Site. As a general matter, we do not fact-check any User-generated Content.
Any reliance you place on such information is strictly at your own risk. Collins FMT, Inc. DBA Plus Platform disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site or by anyone who may be informed of any Content.
You may use information on Collins FMT, Inc. DBA Plus Platform products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Collins FMT, Inc. DBA Plus Platform for downloading from the Site subject to these Terms of Use, provided that you (1) not remove any proprietary notice language in all copies of such materials, (2) use such information only for your internal informational purpose and do not copy, distribute or post such information on any networked computer or broadcast it in any media without our prior written consent, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such materials.
This Site may contain typographical errors or inaccuracies and may not be complete or current. Collins FMT, Inc. DBA Plus Platform reserves the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted), and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability of any features, products or services on our Site, and we and our affiliates reserve the right to cancel or refuse to accept any order for any features, products or services placed based on inaccuracies, including without limitation any incorrect pricing or availability information. We apologize for any inconvenience.
Notwithstanding the foregoing, Collins FMT, Inc. DBA Plus Platform will have the right (but not the obligation), in its sole discretion and for any reason, to pre-screen, edit, refuse to accept, remove or move any such Content.
Grant of License. As long as you comply with, and subject to, these Terms of Use, Collins FMT, Inc. DBA Plus Platform grants you a revocable, non-exclusive, non-transferable limited license, with no right of sub-license (except as otherwise explicitly granted in writing to you), to enter and use the Site in accordance with these Terms of Use.
General License. Subject to the Restrictions on Use set forth in this Section 3 and you not being in breach of any other terms, conditions and limitations set forth in these Terms of Use, Collins FMT, Inc. DBA Plus Platform grants you a revocable, non-transferable, and non-exclusive limited license, with no right of sub-license (except as otherwise explicitly granted in writing to you), (a) to access and make use of the Site in accordance with these Terms of Use for your own internal informational purposes, provided, that, you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available via the Site in any other manner or for any other purpose without the prior written permission of Collins FMT, Inc. DBA Plus Platform. All rights not expressly granted in these Terms of Use are expressly reserved to Collins FMT, Inc. DBA Plus Platform. You must contact us or enter into a separate agreement with us to request permission to use any Content for commercial purposes.
Restrictions on Use. You understand and agree that you will not, directly or indirectly, do, or attempt to do, allow or cause any third party to use the Site or undertake any of the following conduct or activities:
Collins FMT, Inc. DBA Plus Platform cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Certain features or services offered on or through the Site may require you to open an account (including setting up a Collins FMT ID and password).
Your account is wholly-owned by Collins FMT, Inc. DBA Plus Platform, and Collins FMT, Inc. DBA Plus Platform reserves all rights in providing a revocable, non-exclusive, non-transferable, limited license, with no right of sublicense (except as otherwise explicitly granted in writing to you), to authorize you to access your account certain features of the Site in accordance with these Terms of Use.
You are entirely responsible for safeguarding and maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential.
You agree to notify Collins FMT, Inc. DBA Plus Platform immediately of any unauthorized use of your account or password, or any other breach of security.
You may be held liable for losses incurred by Collins FMT, Inc. DBA Plus Platform or any other user of or visitor to the Site due to someone else using your Collins FMT, Inc. DBA Plus Platform ID, password or account as a result of your failing to keep your account information secure and confidential.
You agree not to circumvent, disable or otherwise interfere with security-related features of our Site or features that prevent or restrict use of Site, the Content, or any of our services or products s or copying of any Content or enforce limitations on use of our Site, the Content, or any of our services or products.
Collins FMT, Inc. DBA Plus Platform’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Collins FMT, Inc. DBA Plus Platform’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Collins FMT, Inc. DBA Plus Platform’s control, and Collins FMT, Inc. DBA Plus Platform is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Collins FMT, Inc. DBA Plus Platform DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, FEATURE, SERVICE OR PRODUCT OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Collins FMT, Inc. DBA Plus Platform CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Collins FMT, Inc. DBA Plus Platform DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Collins FMT, Inc. DBA Plus Platform DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY Collins FMT, Inc. DBA Plus Platform SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Collins FMT, Inc. DBA Plus Platform FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Collins FMT, Inc. DBA Plus Platform reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Except where prohibited by law, in no event will Collins FMT, Inc. DBA Plus Platform be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Collins FMT, Inc. DBA Plus Platform has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Collins FMT, Inc. DBA Plus Platform is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Collins FMT, Inc. DBA Plus Platform’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Collins FMT, Inc. DBA Plus Platform (but not including the purchase price for any Collins FMT, Inc. DBA Plus Platform hardware or software products), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
You agree to indemnify and hold Collins FMT, Inc. DBA Plus Platform, its managers, managing members, members, officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees and expenses), made against Collins FMT, Inc. DBA Plus Platform by any third party due to, or arising out of, or in connection with your use of the Site or any other acts or omissions by you.
Collins FMT, Inc. DBA Plus Platform may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Collins FMT, Inc. DBA Plus Platform’s rights or property, or the rights or property of visitors to or users of the Site, including Collins FMT, Inc. DBA Plus Platform’s customers. Collins FMT, Inc. DBA Plus Platform reserves the right at all times to disclose any information that Collins FMT, Inc. DBA Plus Platform deems necessary to comply with any applicable law, regulation, legal process or governmental request. Collins FMT, Inc. DBA Plus Platform also may disclose your information when Collins FMT, Inc. DBA Plus Platform determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Collins FMT, Inc. DBA Plus Platform may preserve any transmittal or communication by you with Collins FMT, Inc. DBA Plus Platform through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Collins FMT, Inc. DBA Plus Platform determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Collins FMT, Inc. DBA Plus Platform, its employees, users of or visitors to the Site, and the public.
You agree that Collins FMT, Inc. DBA Plus Platform may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Collins FMT, Inc. DBA Plus Platform, for which monetary damages would be inadequate, and you consent to Collins FMT, Inc. DBA Plus Platform obtaining any injunctive or equitable relief that Collins FMT, Inc. DBA Plus Platform deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Collins FMT, Inc. DBA Plus Platform may have at law or in equity.
You agree that Collins FMT, Inc. DBA Plus Platform may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Collins FMT, Inc. DBA Plus Platform does take any legal action against you as a result of your violation or breach of these Terms of Use, Collins FMT, Inc. DBA Plus Platform will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Collins FMT, Inc. DBA Plus Platform. You agree that Collins FMT, Inc. DBA Plus Platform will not be liable to you or to any third party for termination, suspension or delay of your access to the Site, any updates to the Site, changes to the features, services or products on or available through the Site, or any changes, deletions or corruption, or inaccuracies, lack of completeness, or lack of update of any data set forth on the Site, as a result of any violation of these Terms of Use.
These Terms of Use, together with the Privacy Policy and any other legal notices and agreements published by Collins FMT, Inc. DBA Plus Platform on our Site, constitutes the complete and exclusive agreement between you and Collins FMT, Inc. DBA Plus Platform concerning your access, use of our Site and any products or services offered by, through or on, the Site, and supersede and govern all prior proposals, agreements, or other communications. Any and all other written or oral agreements or understandings previously existing between you and Collins FMT, Inc. DBA Plus Platform with respect to such use are hereby superseded and cancelled.
You agree that: (i) our Site shall be deemed solely based in New York, New York, USA; and (ii) our Site shall be deemed a passive website that does not give rise to personal jurisdiction over Collins FMT, Inc. DBA Plus Platform or any of its affiliates or service providers, either specific or general, in jurisdictions other than New York.
These Terms of Use and the resolution of any claim or dispute related to these Terms of Use, our Site, your use of this Site, or your use of the features, products or services offered by, on or through this Site or the subject matter of these Terms of Use (the "Scope of Controversy"), shall be governed by and construed in accordance with the laws of the State of Delaware, the United States of America, without giving effect to any principles of conflicts of law. Any legal action or proceeding between Collins FMT, Inc. DBA Plus Platform or its affiliates, on the one hand, and you, on the other hand, related to Scope of Controversy, shall be brought exclusively in a state or federal court of competent jurisdiction sitting in the State of Delaware, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts and to waive any defenses of inconvenient forum.
This choice of law provision is only intended to specify the use of Delaware law to interpret these Terms of Use and is not intended to create any substantive right to a non-Delaware resident’s ability to assert claims under Delaware law whether by statute, common law, or otherwise.
Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
Collins FMT, Inc. DBA Plus Platform administers and operates the www.plusplatform.io Site from its location in New York, USA; other Collins FMT, Inc. DBA Plus Platform sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Collins FMT, Inc. DBA Plus Platform reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Under no circumstances shall Collins FMT, Inc. DBA Plus Platform be held liable for any delay or failure in this Site and/or any of the services and/or information on our Site directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of Collins FMT, Inc. DBA Plus Platform, including, without limitation, Internet failures, equipment failures, communications failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, vandalism, natural disasters, fires, floods, storms, earthquakes, explosions, acts of God, war, biohazards, pandemics, plague, disease outbreaks, shelter-in-place orders, stay-at-home orders, quarantine, lock-down, cordon sanitaire, terrorism, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties, even if Collins FMT, Inc. DBA Plus Platform, its affiliates or their respective authorized agents or representatives have been advised of the possibility of such events or circumstances. The provisions of this paragraph are in addition to, and not intended to limit or modify Section 8 (Limitations of Liability) as stipulated above.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.
Other than as provided in a purchase, service or other written agreement you enter into with Collins FMT, Inc. DBA Plus Platform, Collins FMT, Inc. DBA Plus Platform will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected.
Collins FMT, Inc. DBA Plus Platform’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Collins FMT, Inc. DBA Plus Platform of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Collins FMT, Inc. DBA Plus Platform and you or any other party be deemed to modify any provision of these Terms of Use.
These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Collins FMT, Inc. DBA Plus Platform provides access to Collins FMT, Inc. DBA Plus Platform international data and, therefore, may contain references or cross references to Collins FMT, Inc. DBA Plus Platform products, programs and services that are not announced in your country. Such reference does not imply that Collins FMT, Inc. DBA Plus Platform in your country intends to announce such products, programs or services.
Any feedback you provide at this Site or to Collins FMT, Inc. DBA Plus Platform, directly or indirectly, whether through its affiliates, agents or otherwise, shall be deemed to be not proprietary to you and non-confidential, with no obligation owing from Collins FMT, Inc. DBA Plus Platform to you. Collins FMT, Inc. DBA Plus Platform shall be free to use such information on an unrestricted basis.
The information and other data contained on or through this Site is subject to change without notice.
© Copyright © 2022 Collins FMT, Inc. DBA Plus Platform Inc. All rights reserved.Collins FMT Inc.
Updated by The Collins FMT, Inc. DBA Plus Platform Legal Team on June 15, 2020.
Copyright © 2022 Collins FMT, Inc. DBA Plus Platform. All rights reserved. Terms & Conditions | Privacy Policy.