This website is provided to you by PlusStuff.com, (“we” or “us”). This visitor agreement is a binding legal contract between you and us. Please read this visitor agreement; by using this service, you accept its terms. The Internet is an evolving medium; we may change the terms of this agreement from time to time. By continuing to use the service after we post any such changes, you accept this agreement, as modified.
We reserve the right to deny access to this website, or any service provided via this website, to anyone who violates this visitor agreement or who, in our judgment, interferes with the ability of others to enjoy this website, or infringes the rights of others.
We invite you to send in your questions or comments about this website, or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss to:
2339 3rd Street, Suite 15
San Francisco, CA 94107
We understand that your trust is our most important asset. We are committed to the protection and proper use of your personal information. We are further committed to maintaining an understanding of the products and services you find to be most valuable. We respect your privacy and take great care to safeguard information in our possession.
What Information Do We Collect?
We collect various types of information depending upon how you use our site. When you order from us, we collect your name, billing address, shipping address, email address, phone number, and credit card number (with expiration date) or gift card number. We also gather information on the person who will receive any gift you send (e.g., that person’s name and address) and we will retain a record of your purchases.
When you become a registered user at PlusStuff.com, we collect your name, mailing address, email address, birth date, and a password. This information is gathered to make your shopping experience as a registered user the quickest, and easiest possible.
Like most standard sites we use log files. They include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the website, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. We may use a third party to help analyze our log files. These companies are contractually restricted from using your information in any manner other than in helping us to provide you with the products and services available from PlusStuff.com.
What Are Cookies and Do We Use Them?
A cookie is a small piece of information sent by a Web site that may be saved on your hard disk by your computer’s browser. It holds information a site may need to interact with you and personalize your experience. At PlusStuff.com, we use two kinds of cookies: session cookies and persistent cookies. Session cookies exist only for as long as your browser remains open. Once you exit your browser, they go away. We use session cookies to maintain information we need to have in order for you to shop at PlusStuff.com. For example, the Session ID cookie that we ask your browser to hold retains the ID for your shopping bag. Without the Session ID cookie, you can’t add merchandise to your bag and carry it to Checkout.
Persistent cookies, in contrast, last from visit to visit; they do not go away when you exit your browser. At PlusStuff.com, you may choose to accept a persistent cookie to give you a more personalized shopping experience and to help you navigate our store more efficiently. We use your information to enhance your site experience. However, you can use our site without accepting a persistent cookie. To do so, you should set your browser options to reject persistent cookies. Alternatively, you can set your browser to notify you when you receive a cookie, which gives you the opportunity to decide whether you want to accept it or not.
Cookies can be used by a Web site to recognize you. But that does not necessarily mean any personal information is stored in the cookies. At PlusStuff.com, we store no personal information about you in the cookies. Anything you choose to tell us about yourself (such as your name, address, or payment information) is stored safely and separately on our secured servers, and you need to provide a password to access it.
We may use your information in a number of ways, including the following:
- To improve the content on our Web site. For example, we may use log files to find out which parts of our site or our products are visited most often.
- To enhance your online shopping experience. For example, we may use it to recognize you and welcome you to the site.
- For marketing and promotional purposes. For example, we send out emails to our customers about products or events that we think may be of interest to them. Marketing and promotional emails will only be sent to those individuals who have opted in to receiving email.
- We also may send you offers for discounts or free services (e.g., free gift wrap or shipping) on our site.
Do We Share Your Information?
Some of our vendors may work closely with us to create a vendor shop within the PlusStuff.com site or to ship your order directly to you. In certain instances, we may share certain information about you with that vendor (e.g. your shipping address). These vendors are contractually restricted from using your information in any manner other than in helping us to provide you with the products and services available from PlusStuff.com.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of PlusStuff.com, PlusStuff, Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of PlusStuff, Inc. and protected by U.S. and international copyright laws. All software used on this site is the property of PlusStuff, Inc. or its software suppliers and protected by United States and international copyright laws.
PlusStuff.com, and other marks indicated on our site are registered trademarks of PlusStuff.com, a California Corporation. PlusStuff.com’s trademarks and trade dress may not be used in connection with any product or service that is not PlusStuff.com’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PlusStuff.com. All other trademarks not owned by PlusStuff.com or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PlusStuff.com or its subsidiaries.
Go ahead, use us! If you’d like to use articles or portions of this web site, help yourself. All we ask is that you attribute the material with the following attribution:
“This article was written by Michael Doherty and Liza Sibley, founders of PlusStuff.com. PlusStuff.com is a premier web portal for the plus-size community.”
Intellectual Property Rights
Our Limited License to You. Although we make this website freely accessible, we don’t intend to give up our rights, or anyone else’s rights, to the materials appearing on the service. The materials available through this website are the property of us and our affiliates or licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through this website. But you may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on this website in any form (including by email or other electronic means) without prior written permission from the owner. Of course, you’re free to encourage others to access the information themselves on our website and to tell them how to find it. Requests for permission to reproduce or distribute materials found on this website can be sent to info@PlusStuff.com.
Your License to Us. By submitting material to us, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. By submitting material to any public posting areas of this website, such as any message boards, classifieds, forums, or community publishing areas, you agree that we (including our partners, agents, affiliates and service providers (collectively, “Third Party Providers”), may reproduce, modify, and distribute such material as we see fit in any medium and for any purpose. You also agree that we, including our Third Party Providers, may identify you as the author of any of your postings by name, email address or screen name as we see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
Links. We welcome links to our service. You are free to establish a hypertext link to this site so long as the link does not state or imply any sponsorship of your site by us.
No Framing. Without our prior written permission, you may not frame, or in-line link, any of the content of this website, or incorporate into another website or other service any of our intellectual property. Requests for permission to frame our content or in-line link to our website may be sent to info@PlusStuff.com.
Trademarks. We don’t want anyone to be confused as to which materials and services are provided by us and which aren’t. You may not use any trademark or service mark appearing on this website without the prior written consent of the owner of the mark.
Notice of Copyright Infringement. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via our website, please notify us by U.S. Mail to Mike Doherty, Website Manager – PlusStuff.com, 2339 third Street Suite 15 San Francisco, CA 94107. You should send a written notice if you believe that your work has been used or copied in a manner that infringes your intellectual property rights and such infringement has occurred on this website.
We work hard to make this website an interesting and enjoyable place. We cannot guarantee, however, that our users will always find everything to their liking; nor could we provide a free service if we were exposed to substantial liability. Please read these Disclaimers carefully before using this website.
Use at Your Own Risk. We provide the material available through this website for informational purposes only. You may only use the material and the services available through this website for your personal and non-commercial use. We try to ensure that information we post to this site is both timely and accurate, and that the services offered are reliable. Yet despite our efforts, errors may occur from time to time. Before you act on any information you’ve found on our site, you should confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.
Materials Submitted by Other Users. We cannot and do not review every posting made in our chat rooms, forums, and other areas available for public postings. You may well read any given posting before anyone on our staff does. Take what you find with a grain of salt. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or “expert” guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.
No Endorsements. We are not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute our endorsement of that site (nor of any product, service or other material offered on that site).
No Warranties. THIS WEBSITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE WEBSITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitations on Our Liability. UNDER NO CIRCUMSTANCES SHALL WE, OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THIS WEBSITE OR ANY SERVICE AVAILABLE THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE SERVICE.
Use of Communication Services
When you visit PlusStuff.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We may provide a variety of services on this website through which you can directly interact with others, such as email services, chat rooms, communications tools, forums, classifieds and other user-submitted advertising, and other public posting areas (“Communications Services”). We want to encourage an open exchange of information and ideas, but at the same time we want everyone to be able to enjoy these Communications Services.
We will not, in the ordinary course of business, review private electronic messages that are not addressed to us. However, we maintain the right to do so and to use any other forms of information available to us by virtue of your use of our website (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce our Visitor Agreement, or to protect the rights, property or safety of visitors to our website, our customers, the public or PlusStuff.com and its employees, agents, partners and affiliates.
We reserve the right to deny access to any Communications Service to anyone who violates this visitor agreement or who, in our judgment, interferes with the ability of others to enjoy our website or infringes the rights of others. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.
Specific Prohibited Uses. Without limiting the foregoing, we may immediately terminate your use of any Communications Service if you engage in any of the following prohibited activities:
- Uploading, posting, emailing, transmitting or otherwise making available any content that is unlawful, harmful, threatening, abusive, libelous, or obscene;
- Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- Forging headers or otherwise manipulating identifiers in a manner that disguises the origin of any content you transmit through any Communications Service;
- Uploading, posting, emailing, transmitting or otherwise making available any content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Uploading, posting, emailing, transmitting or otherwise making available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
- Uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without our express written approval;
- Gathering for the purpose of “spamming” any email addresses that users post in our chat rooms, forums and other public posting areas;
- Uploading, posting, emailing, transmitting or otherwise making available any content or material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or other equipment, or to cause a security breach of such software, hardware or telecommunications or other equipment;
- Uploading or posting any off-topic or irrelevant material to any chat room or forum;
- Interfering with or disrupting any servers or networks used to provide the Communications Services, or disobeying any requirements, procedures, policies or regulations of the networks we use to provide the Communications Services;
- Violating any applicable local, state, national or international law, including, but not limited to (i) all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, (ii) regulations promulgated by the U.S. Securities and Exchange Commission, and (iii) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
- “Stalking” or otherwise harassing another;
- Instigating or encouraging others to commit illegal activities or cause injury or property damage to any person;
- Collecting or storing personal data about other users;
- Gaining unauthorized access to our website, or any account, computer system, or network connected to this website, by means such as hacking, password mining or other illicit means; or
- Obtaining or attempting to obtain any materials or information through any means not intentionally made available through this website.
Spam. We will immediately terminate any account which we believe is being used to transmit, or is otherwise connected with, any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay us liquidated damages of $2 for each item of spam or unsolicited bulk email transmitted from, or otherwise connected with, your account. Otherwise you agree to pay our actual damages, to the extent such actual damages can be reasonably calculated.
Viruses. Because of the volume of email messages sent by us and users of this website, we cannot and do not always monitor such email messages and attachments. You acknowledge and agree that such email messages may contain viruses, worms or other harmful components. You also acknowledge and agree that you are solely responsible for screening the email messages and attachments for viruses, worms and other harmful components.
Indemnity. You agree to indemnify and hold us and our affiliates, agents and licensors, harmless from any claim that may arise from your use of any free email service available through this website.
Registration. To obtain access to certain services on our site, you may be given an opportunity to register with us. You agree that you will register only if you are 18 years or older. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to reject or terminate any user name that, in our judgment, we deem offensive. You will be responsible for preserving the confidentiality of your password and will notify us at info@PlusStuff.com of any known or suspected unauthorized use of your account.
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. PlusStuff.com may sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use PlusStuff.com only with involvement of a parent or guardian. PlusStuff.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Jurisdiction. This visitor agreement has been made in and shall be construed in accordance with the laws of the State of California. By using this service, you consent to the exclusive jurisdiction of the state and federal courts in San Francisco County, California in all disputes arising out of or relating to this agreement or this website.