NetPlenish, Inc. (“NetPlenish,” “we,” “our” or “us“) provides this websitewww.netplenish.com(the “Site,” “NetPlenish Site“) to access the NetPlenish services (the “Offered Services“) for your use.
Your access to and use of the NetPlenish Site is subject to the provisions contained in this document (“Terms of Service“). Please read these Terms of Service carefully before accessing or using the NetPlenish Site in order to fully understand your rights and responsibilities.
By accessing or using the NetPlenish Site, you signify your agreement with these Terms of Service. These Terms of Service are agreed to by and between you and NetPlenish. In consideration for your use of and access to the NetPlenish Site, and the promises and obligations in these Terms of Service, and intending to be legally bound, you and NetPlenish agree to all of these Terms of Service. Please print a copy of these Terms of Service for your reference.
If you do not agree to these Terms of Service, do not access or use the NetPlenish Site, and instead contact NetPlenish in writing using the contact information at the end of these Terms of Service.
NetPlenish reserves the right to modify or amend these Terms of Service at any time. All changes shall be effective immediately upon their posting. Material changes will be posted conspicuously on the NetPlenish Site. Users who have created a NetPlenish account (“NetPlenish Members” or “Members“) will also be notified of material changes to these Terms of Service when logging on to the site or by email.
You agree that accessing or using the NetPlenish Site after such changes are posted constitutes your acceptance and consent to all such changes.
The NetPlenish Site is a forum for you to access the Offered Services, which allow you to order consumable products, which products are produced, distributed and sold to you by third parties.
Each Member is responsible for all activity that takes place under that Member's user ID. It is your responsibility to maintain the confidentiality of your user ID and password. You may not transfer, assign, or sell your account to any third party. You must provide accurate and current information to us to open and maintain your account and keep such information current. If you provide any information that is false, misleading, inaccurate, or outdated, we may suspend or terminate your account and deny you access to the Services. If you become aware of unauthorized access to either your user ID/password or the Services, you must promptly notify us.
NetPlenish is a Delaware corporation based in California and the Offered Services are provided by NetPlenish and its services providers based in the United States. The personal information which You may provide upon registering to use the Offered Services from NetPlenish will be used in connection with your use of the Offered Services and will be transferred to and maintained in NetPlenish's records in the United States. If you do not consent to this transfer, do not accept this Agreement.
The Offered Services allow you to place orders for consumer products to be shipped to the address you provide. NetPlenish does not endorse any third party product or service or retail outlet. NetPlenish Services merely search for the best bundled price for the products you wish to order and then places such order as you request. Please note that by the time you confirm and place your order, the purchase price for your order may have changed due to fluctuations in the pricing. As a result, when you place an order, the exact purchase price of your order may be less than the displayed price at the point of purchase. NetPlenish will not place your order if the purchase price at the time of time of purchase is more than the displayed price at the point of purchase. If NetPlenish cannot find your products at or below the price displayed to you at the time you place your order, or if an item becomes unavailable, we will notify via email for your additional instructions and consent prior to placing the order and charging your credit card.
Product Orders also come with our Peace of Mind price guarantee. If you find a lower price on your entire order at another online retailer, we will refund you the difference. Our Peace of Mind price guarantee is subject to certain restrictions. https://support.netplenish.com/peace-of-mind-price-guarantee Any claim under our Peace of Mind price guarantee must be submitted to NetPlenish within twelve (12) hours of the placement of your order and submitted to email@example.com.
NetPlenish may add or cancel merchants accessible through the Offered Services at any time. NetPlenish makes no representation or guarantee that any particular retail merchant is or will be available through the Offered Services.
NetPlenish has no liability for any such products, which are provided by NetPlenish “AS IS” and “WITH ALL FAULTS.” NetPlenish does not transfer legal ownership of an item from the seller to the buyer, nor are we involved in any way in the actual transaction between the buyer or seller. As a result, NetPlenish offers NO WARRANTY, express or implied on any product that may be advertised, bought or sold through this Site. We have no control over the quality, safety or legality of any product that may be bought or sold through this Site or the truth or accuracy of any related information. It is the online retailer's full responsibility to fulfill all product orders listed and paid for within this Site’s Offered Services. You acknowledge that the Site holds no liability and accepts no responsibility for order fulfillment or shipping demands. You agree that we have no liability for any misrepresentation, incomplete statement or failure to disclose any product data, or for any claims arising from your use or receipt of any product through the Offered Services.
All shipments are direct from the online retailer with whom your order is placed. NetPlenish has no responsibility for shipping and all risk of loss of any shipment is subject to the shipping terms of the online retailer shipping your order.
Credit Card Processing.
You must submit the necessary credit card information before your payment or order will be processed. If the card information that you submit is incorrect or invalid, your payment or order will not be processed. Payment is subject to the approval of the financial institution issuing the card. NetPlenish assumes no responsibility or liability if the financial institution refuses to accept or honor your card for any reason. NetPlenish works with a third party payment processor to help ensure the security of your credit card data. We will store your credit card information as necessary to process recurring purchases.
If a NetPlenish promotion code is used, the user must forward a copy of the merchant receipt to firstname.lastname@example.org along with the applicable coupon code and a valid mailing address. NetPlenish will then send a rebate check to the provided address for the order amount up to the coupon value.
(NetPlenish no longer offers Premier Membership as of February 13, 2013. Users with Premier Memberships may receive a prorated refund by sending an email to email@example.com)
You may sign up to enjoy the additional benefits of the Premier Membership for the Offered Services. You may select Premier Membership during your sign-up process or at any point thereafter, so long as the Premier Membership is offered. If NetPlenish cancels the Premier Membership service during any year, you will be entitled to a refund of a prorated portion of your annual membership fee for that year.
Premier Membership is subject to payment of an annual subscription fee, which will be charged to your credit card. The annual subscription fee may be changed on an annual basis. You will be notified when it is time to renew your Premier Membership and provided with information on the then-current subscription fee.
With a Premier Membership, shipping is free for any order over $49.00. Similar to the processing of NetPlenish discounts described above, NetPlenish will place your order with the retailer and process your credit card for the full amount of your order, including shipping. Immediately after placing your order, NetPlenish will run a second transaction against your credit card number to credit you for the amount of the shipping applicable to your Premier Membership order. NetPlenish will send you one email confirming your order at the full retailer price and a second email confirming the processing of any credit for credit. NetPlenish cannot control how your credit card or bank calculates or charges interest or when the NetPlenish credit will be applied to your account by your credit card or bank. As a result, you may incur interest charges on the full amount of any order, including shipping.
A Premier Membership also earns you 1% credit for your annual purchases. Provided you have a valid credit card on file with NetPlenish on the anniversary of your Premier Membership, NetPlenish will automatically issue you a credit on the valid credit card on file in the amount equal to 1% of all purchases in the previous year. If you do not have a valid credit card on file, NetPlenish will be unable to issue your credit to you and you will forfeit any credit that would otherwise be due to you.
Premier Membership may also include additional offers, as may be provided by NetPlenish from time to time.
NetPlenish Site Information
Information displayed on the NetPlenish Site and the Offered Services available through the Site are subject to modification without notice. NetPlenish reserves the right to modify such information and add or discontinue the Offered Services without any obligation to notify past, current or prospective NetPlenish Site users. Information regarding NetPlenish’s Offered Services is applicable only in the United States unless otherwise noted. Some Offered Services may not be available in certain areas. NetPlenish makes no representations that the materials on the NetPlenish Site are appropriate or available for use in all states or other countries besides the United States. Those who do access the NetPlenish Site from other countries are solely responsible for compliance with the laws of such country.
All offers set forth on the NetPlenish Site are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.
Intellectual Property Rights
Copyright 2011-2012. All rights reserved.
All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on the NetPlenish Site are copyrighted by NetPlenish, unless otherwise noted. The distinctive and original layout and presentation of the NetPlenish Site also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to NetPlenish appear throughout the NetPlenish Site. The NetPlenish Site may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to NetPlenish or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.
Use of NetPlenish Site
NetPlenish grants you a limited, revocable and non-exclusive license to access and use the Site for your own personal use. Under this license, you agree (i) not to download (other than page caching) or modify the Site, or any portion of the Site, except with express written consent of NetPlenish; (ii) not to resell or make other commercial use of the Site, its contents, or the Offered Services; (iii) not to collect, aggregate, or make the product listing, description, or prices available to third parties, other than for your own personal and non-commercial use; (iv) not to use the Site or Offered Services for any derivative use not authorized by NetPlenish; (v) not to download or copy any account information that is not your own; (vi) not to use data mining, bots, or similar data gathering and extraction tools; and (vii) not to reproduce, duplicate, copy, sell, resell, or otherwise use the Site for any commercial purpose. The license to use the Site will be terminated upon any unauthorized use.
In no event shall NetPlenish or any of its officers, representatives, directors, employees, consultants, or agents be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of the NetPlenish Site or any linked website or to any material, information, data, products, or Offered services obtained through the NetPlenish Site, or otherwise arising out of your use of the NetPlenish Site, your inability to use the NetPlenish Site or any decision made or action taken by you in reliance of any information, advice or materials provided on the NetPlenish Site, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if NetPlenish has been advised of the possibility of such damages. Your sole and exclusive remedy is to discontinue your access to and use of the NetPlenish Site.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.
NetPlenish makes all commercially reasonable efforts to ensure that all material, information, and data on the NetPlenish Site are accurate and reliable; however, accuracy cannot be guaranteed.
The NetPlenish Site and NetPlenish Services are provided by NetPlenish on an “AS IS” basis. NetPlenish disclaims all warranties with respect to the NetPlenish Site, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. NetPlenish makes no warranty or representation regarding the results that may be obtained from use of the NetPlenish Site, or use of material, products, information or data downloaded or otherwise obtained from the NetPlenish Site, such as the Offered Services, or regarding the accuracy or reliability of any information obtained from the NetPlenish Site. NetPlenish does not warrant or guarantee (1) the accuracy, completeness, correctness, timeliness, or usefulness of the NetPlenish Site or any material, products, prices, or information accessed, downloaded or otherwise obtained through use of the NetPlenish Site or (2) that use of the NetPlenish Site or any materials or products on the NetPlenish Site will meet any user’s requirement to be uninterrupted, timely, secure or error-free. NetPlenish shall have no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communication.
The internet is inherently unreliable. As a result, NetPlenish does not warrant that the NetPlenish Site or your access to the NetPlenish Site will be uninterrupted or error-free, or that defects in the NetPlenish Site will be corrected. NetPlenish does not warrant or make any representations regarding the use or the results of the use of the materials in this NetPlenish Site in terms of their correctness, accuracy, reliability, or otherwise.
You acknowledge and agree (1) that your use of the NetPlenish Site is at your own discretion and risk, (2) that use of any material, products, information or data downloaded or otherwise obtained through the use of the NetPlenish Site is at your own discretion and risk, and (3) that you are solely responsible for any damage to your computer system for loss of data that results from use of the Site or from the download of any material, products, information or data, and for any other form of damage that may be incurred. NetPlenish does not warrant or guarantee that files or other materials and information available through the NetPlenish Site will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system.
None of the parties involved in creating, producing, or delivering the NetPlenish Site or its content, including without limitation NetPlenish, shall be liable to users of the NetPlenish Site for any damage resulting from use of the NetPlenish Site or use of material, products, information or data downloaded or otherwise obtained from the NetPlenish Site.
No advice or information, whether oral or written, obtained by you from NetPlenish or in any manner from the NetPlenish Site shall create any warranty.
The NetPlenish Site may link to, or be linked to, other websites not maintained by or related to NetPlenish (“Third-Party Websites“). Such links are provided only as a service to our visitors. NetPlenish is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked or linking website, unless specifically stated therein. NetPlenish has not reviewed all such websites and is not responsible for the content, accuracy, or policies of any such websites. Your visit to any linked Third-Party Website is at your own risk.
You agree to indemnify, defend and hold harmless NetPlenish, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation attorneys’ fees) arising from or related to your use of the NetPlenish Site, your use of any material, products, description, prices, information or data accessed, downloaded or otherwise obtained from the NetPlenish Site, or your violation of these Terms of Service, including without limitation, your infringement of any intellectual property or other right of NetPlenish or any other person or entity.
Interpretation and Disputes
These Terms of Service are governed by the laws of the United States and the State of California, without regard to any conflict of laws provisions. Venue shall be proper exclusively in Ventura County with respect to any dispute arising under these Terms of Service, unless otherwise specifically agreed by NetPlenish in its sole discretion. In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs. If any provision of these Terms of Service is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable then the provision shall be severed and the remaining terms of these Terms of Service shall be interpreted and read to give them maximum enforceability. Any cause of action or claim against NetPlenish with respect to the NetPlenish Site must be commenced within one (1) year after the action or claim arises.
You acknowledge that these Terms of Service are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms of Service and any other documentation, agreements, notices or communications between you and NetPlenish may be provided to you electronically. Please print a copy of all such documentation, agreements, notices, or other communications for your reference.
Under California Civil Code Section 1789.3, California users of the Offered Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
If you have any other questions or concerns regarding these Terms of Service, please contact us at firstname.lastname@example.org or you can send correspondence to the following address:
NetPlenish 505 Poli Street, Suite 308 Ventura, CA 93001