TERMS OF USE
PiroguePlans.com
Welcome to pirogueplans.com (Pirogue Plans), a website offering plans for pirogue construction.
IMPORTANT DISCLAIMER: Boating can be dangerous. You are the sole person responsible for your safety. These plans are not approved by any government agency, but are merely a representation of pirogues designed according to standard plywood boat design practices used by yacht designers since plywood became available to the public. Use of anything other than certified marine plywood is at your own risk.
BY DOWNLOADING PRODUCTS FROM PIROGUE PLANS, YOU REPRESENT AND AGREE THAT YOU ARE QUALIFIED TO BUILD THE DESIGNS YOU PURCHASE, OR WILL HAVE A QUALIFIED PERSON BUILD THEM FOR YOU, IN COMPLIANCE WITH ANY APPLICABLE LOCAL, STATE, OR FEDERAL REGULATIONS. PIROGUE PLANS DISCLAIMS ANY AND ALL RESPONSIBILITY FOR INJURY, DAMAGES, OR OTHER CONSEQUENCES OF ANY SORT CAUSED BY THE CONSTRUCTION OR USE OF ANY PRODUCTS BUILT FROM PLANS PROVIDED.
BINDING EFFECT. This is a binding agreement. By using the Internet site located at Pirogue Plans.com (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended from time to time at our sole discretion.
It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
PRIVACY POLICY. We respect your privacy and the treatment of your personal information. A complete statement of our current privacy policy can be found by clicking here. The privacy policy is expressly incorporated into this Agreement by this reference.
NO WARRANTIES. WE HEREBY DISCLAIMS ALL WARRANTIES. PIROGUE PLANS IS MAKING THE SITE, AND THE PLANS SOLD HEREIN, AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITED LIABILITY. LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY THIS WEBSITE. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
AFFILIATED AND THIRD PARTY SITES. We have no control over, and no liability for any third party websites or materials. .We may work with partners, affiliates, and advertisers whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these third party sites, Pirogue Plans makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Pirogue assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. .
PROHIBITED USES. There are certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
INDEMNITY. You agree to indemnify pirogue plans for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless pirogue plans, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
COPYRIGHT. All contents of Site or Service are: Copyright © 2010 Joseph A. Delgado Sr. , 619 Hyde Landing Rd, Dry Prong, LA 71423.
“Pirogue Plans.Com” and “Fast and Easy Pirogue Plans” are a trademark of Joseph A Delgado Sr.
NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Pirogue Plans or by any third party.
GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of Louisana, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in the Parish of Grant, Louisiana, USA in all disputes arising out of or related to the use of the Site or Service.
SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
MODIFICATIONS. Pirogue Plan.com may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. .. Revisions of this T.O.S. shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
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