Terms Of Service

TERMS OF USE

PontoonPlans.net

Welcome to pontoonplans.net (Pontoon Plans), a website offering plans for pontoon 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 pontoons 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 PURCHASING PRODUCTS FROM PONTOON 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. PONTOON 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 Pontoon Plans.net (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 in its 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.

PAYMENT. You hereby authorize Pontoon Plans.net /or its merchant provider PayPal to charge your credit card (or deduct payments via your PayPal account) in advance for all applicable charges incurred by you or on your behalf in connection with the product you have chosen to purchase.

If payment cannot be charged to Customer’s credit card or PayPal account, or Customer’s charge is returned for any reason, including chargeback, Company reserves the right to either suspend or terminate Customer’s access, thereby terminating this Agreement and all obligations of Company hereunder.

If Customer has reason to believe that Customer’s account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of Customer’s ID, password, or any credit, debit, or charge card number stored), notify the Company of the problem to avoid possible liability for any unauthorized charges to Customer’s account.

PRIVACY POLICY. Pontoon Plans.net respects your privacy and permits you to control 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. Pontoon Plans.net HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE 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. COMPANY DOES 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. Pontoon Plans.net’s 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 COMPANY. 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. Pontoon Plans.net has no control over, and no liability for any third party websites or materials. Pontoon Plan.net 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, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. .

PROHIBITED USES. Pontoon Plans.net imposes 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 Pontoon Plans.net for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Pontoon Plans.net, 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. Pontoon Plans.net 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.

“Pontoon Plans.Net” and “Fast and Easy Pontoon Plans are a trademark of Joseph A. Delgado.

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 Joseph A. Delgado 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. Pontoon Plans.net 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 to 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.

Amended October 24th, 2011.