Agreement between User and Plus x She

Welcome to Plus x She. The Plus x She website (the “Site”) is comprised of various web pages operated by PLUS X SHE. Plus x She is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Plus x She constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

Plus x She is an E-Commerce Site.

Selling fashion items online

Privacy

Your use of Plus x She is subject to PLUS X SHE’s privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting Plus x She or sending emails to Plus x She constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, 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 may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Plus x She is not responsible fo third party access to your account that results from theft or misappropriation of your account. Plus x She and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

Plus x She does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Plus x She only with permission of a parent or guardian.

Cancellation/Refund Policy

15-day return policy. Store credit ONLY. Store credit is ONLY applicable to the purchase price of items and does not cover shipping fee.

Links to Third Party Sites/Third Party Services

Plus x She may contain links to other websites (Linked Sites”). The Linked Sites are not under the control of PLUS X SHE and PLUS X SHE is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or changes or updates to a Linked Site. Plus x She is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PLUS X SHE of the site or any association with its operators.

Certain services made available via Plus x She are delivered by third party sites and organizations. By using any product, service or functionality originating from Plus x She domain, you hereby acknowledge and consent that PLUS X SHE may share such information and data with any third party who PLUS X SHE has a contractual relationship to provide requested product, service or functionality on behalf of Plus x She users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Plus x She strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to PLUS X SHE that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is property of PLUS X SHE or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative, works or in any way exploit any of the content, in whole or in part, found on the site. PLUS X SHE content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of PLUS X SHE and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express, or implied to the intellectual property of PLUS X SHE or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Services.

By way of example, and not as a limitation, you agree that when using a Communication Services, you will not: defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contest, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attribution, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a files that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

PLUS X SHE has no obligation to monitor the Communications Services. However, PLUS X SHE reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. PLUS X SHE reserves the right to terminate your access to any or all of the Communications Services at any time without notice for any reason whatsoever.

PLUS X SHE reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit refuse to post or to remove any information or materials, in whole or in part, in PLUS X SHE ‘s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. PLUS X SHE does not control or endorse the content, messages, or information found in any Communication Service and, therefore, PLUS X SHE specifically disclaims any liability with regard to the Communications Services and any actions resulting from your participation in any Communications Services. Managers and hosts are not authorized PLUS X SHE spokespersons, and their views do not necessarily reflect those of PLUS X SHE.

Materials uploaded to a Communication Service may be subject to posted limitation on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to PlusxShe.com or posted on Any PLUS X SHE Web Page

PLUS X SHE does not claim ownership of the materials you provide to plusxshe.com (including feedback and suggestions) or post, upload, input or submit to any PLUS X SHE Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your submission you are granting PLUS X SHE, our affiliated companies and necessary sublicensees permission to use your submission in connection with the operation of their internet business including, without limitation, the right; copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; and to publish your name in connection with your submission.

No compensation will be paid with respect to the use of your submission, as provided herein. PLUS X SHE is under no obligation to post or use any submission you may provide and may remove any submission at anytime in PLUS X SHE ‘s sole discretion.

By posting, uploading, inputting, providing or submitting your submission you warrant and represent that you own or otherwise control all of the rights necessary for you to provide, post, upload, input or submit the submissions.

Third Party Accounts

You will be able to connect your PLUS X SHE account to third party accounts. By connecting your PLUS X SHE account to your third party account, you acknowledgeand agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites.) If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The service is controlled, operated and administered by PLUS X SHE from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the PLUS X SHE content accessed through plusxshe.com in any country or in manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless PLUS X SHE, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees), lrelating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of third party, or your violation of any applicable laws, rules or regulations. PLUS X SHE reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PLUS X SHE in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and PLUS X SHE agrees otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative of class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGHT THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PLUS X SHE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

PLUS X SHE  AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELAIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF INFORMATION SOFTWARE PRODUCTS SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PLUS X SHE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PLUS X SHE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OR OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AERVICES, AND RELATED GRAPHICS OBTAINED THROUGHT THE SITE, OR OTHERWISE ARIGSING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PLUS X SHE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY  TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Terms/Access Restriction

PLUS X SHE reserves the right to, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the State of Kansas, and you hereby consent to exclusive jurisdiction and venue of courts in Kansas in all disputes arising out of or relating to the use of the Site. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and PLUS X SHE as a result of this agreement or use of the Site. PLUS X SHE ‘s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is derogation of PLUS X SHE ‘s right to comply with governmental, court and law enforcement requests or requirements relating to the use of the Site or information provided to or gathered by PLUS X SHE with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including but not limited to the warranty disclaimers and liability limitation set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PLUS X SHE with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PLUS X SHE with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

PLUS X SHE reserves the right, in its sole discretion, to change the Terms under which plusxshe.com is offered. The most current version of the Terms will supersede all previous versions. PLUS X SHE encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

PLUS X SHE welcomes your questions or comments regarding Terms”

Email Address:
support@plusxshe.com

Effective as of June 9, 2024