Terms and Conditions | Plus Ultra Solutions

Definitions and Legal References

This Website (or this Application) The property that enables the provision of the Service. Agreement Any legally binding or contractual relationship between the Owner and the User governed by these Terms. Owner (or We) Plus Ultra Solutions LLC – The natural person(s) or legal entity that provides this Website and/or the Service to Users. Service The service provided by this Website as described in these Terms and on this Website. Terms Provisions applicable to the use of this Website and Services in this or other related documents subject to change from time to time without notice. User (or You) The natural person or legal entity that uses this Website.

Agreement Between You and Plus Ultra Solutions LLC

You acknowledge and agree that by accessing or using this website or using any services owned or operated by this website, you have agreed to be bound and abide by these terms of service (“Terms of Service”), our privacy notice (“Privacy Notice”), and any additional terms that apply.

These Terms Govern

  • the conditions of allowing the use of this website, and
  • any other related Agreement or legal relationship with the Owner in a legally binding way.
Capitalized words are defined in appropriate sections of this document. The User must read this document carefully. If you do not agree to all of these Terms of Service and any additional terms that apply to you, do not use this website.

Website Information

This Website is provided by: Plus Ultra Solutions LLC 30 N Gould St 44495 82801 United States Owner contact email: [email protected]

Summary of What the User Should Know

This Website/Service is only intended for Users who do not qualify as Consumers, such as Business Users.

Terms of Use

Single or additional conditions of use or access may apply in specific cases and are additionally indicated within this document. By using this Website, Users confirm they meet the following requirements:
  • Users may not qualify as Consumers.
  • Users aren’t listed on any U.S. Government list of prohibited or restricted parties.
  • Users aren’t located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist-supporting” country.

Content on This Website

Unless otherwise specified, all Website Content is provided or owned by the Owner or its licensors. The Owner has taken efforts to ensure that the Website Content does not violate legal provisions or third-party rights. However, it’s not always possible to achieve such a result. In such cases, the User is requested to report complaints using the contact details specified in this document.

Rights Regarding Content on This Website

All rights reserved. The Owner reserves and holds all intellectual property rights for any such content. Users may therefore not use any such content in any way that is not necessary or implicit in the proper use of the Website/Service.

Access to External Resources

Through this Website, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability. Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third party’s terms and conditions, or in the absence of those, applicable statutory law.

Acceptable Use

This Website and the Service may only be used within the scope of what they are provided for under these Terms and applicable law. Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations, or third-party rights.

Liability and Indemnification

EU Users

Indemnification The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, and employees harmless from and against any claim or demand — including but not limited to lawyer’s fees and costs — made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights, or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners, and employees to the extent allowed by applicable law. Limitation of liability Unless otherwise explicitly stated, and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf). This does not apply to damages to life, health, or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as this Website has been appropriately and correctly used by the User. Unless damages have been caused by way of intent or gross negligence, or they affect life, health, or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

Australian Users

Limitation of liability Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation, and which cannot be excluded, restricted, or modified (non-excludable right).

US Users

Disclaimer of Warranties This Website is provided strictly on an “as is” and “as available” basis. Use of the Service is at User’s own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory, or otherwise, including but not limited to any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by User from Owner or through the Service will create any warranty not expressly stated herein.

Limitations of Liability

To the maximum extent permitted by applicable law, in no event shall the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or relating to the use of or inability to use the Service.

Common Provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service Interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, informing the Users appropriately. Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Service Reselling

Users may not reproduce, duplicate, copy, sell, resell, or exploit any portion of this Website and of its Service without the Owner’s express prior written permission granted either directly or through a legitimate reselling program.

Privacy Policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Website.

Changes to These Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes. Such changes will only affect the relationship with the User for the future. The User’s continued use of the Website and/or the Service will signify the User’s acceptance of the revised Terms.

Governing Law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Contacts

All communications relating to the use of this Website must be sent using the contact information stated in this document.

Assignment of Contract

The Owner reserves the right to transfer, assign, dispose of, or subcontract any or all rights under these Terms. Provisions regarding changes to these Terms will apply accordingly. Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.

Severability

Should any of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

EU Users

Should any provision of these Terms be or be deemed void, invalid, or unenforceable, the parties shall do their best to find in an amicable way an agreement on valid and enforceable provisions, thereby substituting the void, invalid, or unenforceable parts. In case of failure to do so, the void, invalid, or unenforceable provisions shall be replaced by the applicable statutory provisions if so permitted or stated under the applicable law. Without prejudice to the above, the nullity, invalidity, or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement unless the severed provisions are essential to the Agreement or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

US Users

Any such invalid or unenforceable provision will be interpreted, construed, and reformed to the extent reasonably required to render it valid, enforceable, and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof and supersede all other communications, including but not limited to all prior agreements between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

Governing Law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Exception for European Consumers

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

Venue of Jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document. Exception for European Consumers: The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway, or Iceland.

Surviving Provisions

This Agreement shall continue in effect until it is terminated by either this Website or the User. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:
  • The User’s grant of licenses under these Terms shall survive indefinitely.
  • The User’s indemnification obligations shall survive for a period of five years from the date of termination.
  • The disclaimer of warranties and representations and the stipulations under the section containing indemnity and limitation of liability provisions shall survive indefinitely.

Last Updated: September 29, 2024