Use of Information and Services
The information and services on this Site are intended solely for general informational purposes and are not a substitute for professional advice and services. 3point5 assumes no responsibility for any consequence of any action or inaction you take based on the information, services or other material on this Site.
While 3point5 strives to keep the information on this Site accurate, complete and up-to-date, 3point5 cannot guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information, services or other material on this Site.
Your use of the Site is also subject to additional disclaimers and caveats that may appear throughout the Site.
All content and information included on this Site, including text, graphics, logos, buttons, icons and images, is the property of 3point5 or its licensors or customers, and is protected by U.S. and international copyright and trademark laws. All software used on this Site is the property of 3point5 or its licensors and is protected by U.S. and international copyright laws. You may not copy, publish, distribute or create derivative works of this Site.
3point5, the 3point5 logo and all other trademarks, service marks, and trade names appearing on the Site are the property of 3point5 or their respective owners that have granted 3point5 the right to use such marks.
You are responsible for maintaining the confidentiality of your password and account, if applicable to the services you receive, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify 3point5 of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. 3point5 will not be liable for any loss or damage arising from your failure to comply with this Section.
If you post material or information to this site you agree not to:
• submit, post, upload or otherwise transmit any content that is defamatory, libelous, unlawful, abusive, harassing, torturous, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
• submit, post, upload or otherwise transmit any content that infringes, misappropriates or otherwise violates the rights of any third party, including without limitation privacy rights and intellectual property rights;
• impersonate or otherwise misrepresent your affiliation with any other person or entity.
You also agree to follow other written guidelines posted elsewhere on the Site.
The Site may contain the opinions and views of other users. 3point5 is not responsible for the accuracy of any messages on the Site.
If you have reason to believe that a user is infringing any copyrighted materials, then you must immediately inform 3point5. A user posting material represents that such material is unique to the user or used with permission of the copyright holder.
Although users may conduct business on or through the Site, 3point5 merely provides a venue for manufacturers and retailers. All transactions are exclusively between manufacturers and retailers. 3point5 cannot and does not control whether a manufacturer's incentive is paid out to a retailer or retail sales person. Because 3point5 is not involved in any transactions between manufacturers and retailers, in the event of any dispute between you and a manufacturer or retailer you agree to defend, indemnify and hold harmless 3point5, and its agents and employees, from any claims and damages arising out of or in any way connected with such a dispute.
You agree that 3point5 has no responsibility or liability for any errors or omissions in any material provided by you in connection with the Site, whether or not such errors or omissions are caused by errors in the Site.
THE INFORMATION, SERVICES AND OTHER MATERIALS CONTAINED IN THIS SITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 3POINT5 DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES AND OTHER MATERIALS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN ADDITION, 3POINT5 DOES NOT WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS CURRENT, COMPLETE OR ERROR-FREE.
Limitation of Liability
YOU UNDERSTAND THAT IN NO EVENT WILL 3POINT5 OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, PRODUCTS LIABILITY OR ANY OTHER THEORY, ARISING OUT OF: (A) YOUR USE OF OR INABILITY TO USE THIS SITE, (B) YOUR RELIANCE ON ANY INFORMATION OR MATERIAL ON THIS SITE OR (C) ANY TRANSACTION ENTERED INTO WITH A THIRD PARTY BASED UPON THE INFORMATION OR SERVICES AVAILABLE ON THIS SITE; EVEN IF 3POINT5 OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.
Modifications to the Site
3point5 reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice at any time. You agree that 3point5 shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
This Site may include links to other sites not operated by 3point5 as a convenience to customers. 3point5 does not endorse any such sites or the information, material, products or services contained on or accessible through them. You access and use such sites, including all information, material, products and services they may contain, solely at your own risk.
Choice of Law