Terms and Conditions
USER AGREEMENT WITH PLANK DESIGNS
The Plank Designs website is offered to you on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Plank Designs website constitutes your agreement to all such terms, conditions, and notices. Your use of the Plank Designs website may also be subject to additional terms outlined elsewhere on that website (the "Additional Terms"). Additionally, the Plank Designs website may contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Plank Designs website, then these terms shall control.
Plank Designs reserves the right to change the terms, conditions, and notices under which the Plank Designs website(s) are offered, including but not limited any charges associated with the use of the Plank Designs website(s). You are responsible for regularly reviewing these terms and conditions.
USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Plank Designs website(s) are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the plank websites.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the site solely for your own noncommercial use, or to place an order with Plank Designs or to purchase Plank Designs products. Any other use of materials on this site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of Plank Designs is strictly prohibited.
Harassment in any manner or form on the site or any of the Plank Designs website(s), including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Plank Designs employee, host, or representative or other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
MISUSE, FRAUD OR MISREPRESENTATION IN CONNECTION WITH PLANK PROMOTIONS
From time to time Plank Designs may run promotions designed to attract new members or increase sales. In connection with these promotions, any person that receives credits, coupons, prizes or other benefits from Plank Designs by using multiple user accounts or email addresses, using false names, impersonating others, or through the use of any other fraudulent or misleading conduct, shall forfeit any credits, coupons, prizes or benefits obtained through such means, and may be liable for civil and/or criminal penalties under applicable law.
COPYRIGHTS AND TRADEMARKS.
The entire content included in this site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of Plank Designs. The collective work includes works that are licensed to Plank Designs. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to Plank Designs, or other respective owners that have granted Plank Designs the right and license to use such Marks.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Plank Designs respects the intellectual property of others, and we ask our website users and visitors to do the same. Plank Designs will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Plank Designs will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Plank Designs the following information. Please be advised that to be effective, the notification must include ALL of the following:
1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and email address and all other information reasonably sufficient to permit Plank Designs (and our representatives) to contact you;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
By mail: Plank LLC 50 Terminal Street Suite 311 Charlestown, MA 02210
By fax: (617) 241.6900 By email: firstname.lastname@example.org (Please include "Notice of Copyright Infringement" in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING PLANK DESIGNS THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
In the event any Plank Designs product or service represented is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Plank Designs shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Plank Designs shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, Plank Designs shall issue a credit to your credit card account in the amount of the incorrect price upon notification.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by Plank Designs (and its agents) without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
In an attempt to provide increased value to our visitors, this site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, if and when the third party is affiliated with Plank Designs, Plank Designs has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Plank Designs. Plank Designs has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Plank Designs sponsors, endorses, or is affiliated with, or associates with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, Plank Designs seeks to protect the integrity of its site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific, said link does is inoperable). You as the concerned user should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Each claim or statement about the effectiveness of Plank Designs products and/or each claim or statement comparing the effectiveness of Plank Designs products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.
Plank Designs makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites. Plank Designs does not filter advertisements or other content that children may view through our sites or "hot-linked" sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using electronic filtering software.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, www.plankdesigns.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. PLANK DESIGNS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLANK DESIGNS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL PLANK DESIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF PLANK DESIGNS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Plank Designs, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
Your use of this site shall be governed in all respects by the laws of the state of Massachusetts, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Plank Designs products) shall be in the state or federal courts located in Boston, Massachusetts.
Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Plank Designs products) must be commenced within one (1) year after the claim or cause of action arises. Plank Design’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Plank Designs may assign its and/or transfer rights and duties under this Agreement to any party at any time without notice to you.
Plank Designs makes no representation that materials in the site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from locations outside California do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. The internal substantive laws of the State of Massachusetts shall govern any claim relating to the materials.
Plank Designs may revise these Terms and Conditions at any time by updating this posting. You should visit this page from time to time to review the then-current Terms and Conditions as they are binding. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this site.
Plank Designs is the creation and a manageable entity by Plank LLC., 50 Terminal Street, Suite 311, Charlestown, MA 02210.