Welcome to Pullplan.com!
Pullplan.com is a service mark of Pull Plan Software, Inc. or its affiliates. All rights reserved. These and other Pullplan.com graphics, logs and service marks and trademarks of Pull Plan Software, Inc. and its affiliates may not be used without prior written consent of Pull Plan Software, Inc. or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on Pullplan.com are the property of their respective owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of Pullplan.com is at User’s sole risk. Neither Pullplan.com nor its affiliates nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, Providers), or the like, warrant that Pullplan.com will be uninterrupted or error-free, nor do they make any warranty as to the results that may be obtained from the use of Pullplan.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Pullplan.com.
THIS SITE IS PROVIDED BY PULL PLAN SOFTWARE, INC. ON AN “AS IS” AND “AS AVAILABLE” BASIS. PULL PLAN SOFTWARE, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PULL PLAN SOFTWARE, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PULL PLAN SOFTWARE, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY PULL PLAN SOFTWARE, INC. NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstance shall Pullplan.com or any other party involved in creating, producing, or distributing Pullplan.com be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Pullplan.com, including but not limited to reliance by User on any information obtained from Pullplan.com or that result from mistakes, omissions, interruptions, deletion of files or E-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Pullplan.com’s records, programs or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through Pullplan.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
THE SOLE REMEDY OF USER FOR ANY REASON AND FOR ANY CAUSE OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, AND THE SOFTWARE AVAILABLE THROUGH PULLPLAN.COM, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, SHALL BE MODIFICATION OF THE SOFTWARE, AS DETERMINED BY PULL PLAN SOFTWARE, INC.
A. PROPRIETARY RIGHTS
User acknowledges that Pullplan.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively, Content) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Pullplan.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.A. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
B. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III(A) above, User may upload to or otherwise distribute on Pullplan.com only Content that is not subject to any copyright or other proprietary rights protection (collectively, Public Content), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phase such as “Copyright, owned by [name of owner]; used by permission.” The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither Pullplan.com, nor its affiliates, nor any of their officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to Pullplan.com at the following E-mail address: firstname.lastname@example.org . By submitting Content to any User submit areas, including without limitation any product reviews or participation in any chat rooms, user automatically grants, or warrants, that the owner of such Content has expressly granted Pullplan.com the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User’s personal use. Subject to this grant, the owner of Content placed on Pullplan.com retains any and all rights which may exist in such Content.
C. THIRD-PARTY CONTENT
Pullplan.com is a distributor and not a publisher of Content supplied by third parties and Users. Pullplan.com has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of Pullplan.com, are those of the respective authors or distributors and not of Pullplan.com or its affiliates or any of their officers, directors, employees or agents. Neither Pullplan.com nor its affiliates, nor any of their officers, directors, employees or agents, nor any third party, including any Provider, or any other User of Pullplan.com, guarantees the accuracy, completeness or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through Pullplan.com represents the opinions and judgments of the respective Provider, or User not under contract with Pullplan.com. Pullplan.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Pullplan.com by anyone other than authorized Pullplan.com employees. Under no circumstances shall Pullplan.com, or its affiliates, or any of their officers, directors, employees or agents be liable for any loss, damage or harm caused by User’s reliance on information obtained through Pullplan.com. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through Pullplan.com.
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations—including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from Pullplan.com to either a foreign national or a foreign destination in violation of such laws.
IV. ONLINE CONDUCT
User agrees to use Pullplan.com only for lawful purposes. User is prohibited from posting on or transmitting through Pullplan.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
If Pullplan.com is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by User (e.g., through an online review or chat room), Pullplan.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from Pullplan.com. Pullplan.com may disclose any Content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate Pullplan.com; or (iii) to protect the rights or property of Pullplan.com, its Users or Providers.
Pullplan.com reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, Pullplan.com, the communities that make up Pullplan.com, or any rights of Pullplan.com or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Pullplan.com nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither Pullplan.com, nor its affiliates, nor any of their officers, directors, employees or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on Pullplan.com.
VI. TERMINATION OF USAGE
Pullplan.com may terminate User’s access, or suspend User’s access to all or part of Pullplan.com, without notice, for any conduct that Pullplan.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or Pullplan.com.
VII. USAGE BY MINORS
Pullplan.com cannot prohibit minors from visiting this site. Pullplan.com must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase.
Pull Plan Software, Inc. requires that all purchases be made by individuals 18 years of age or older. EACH TIME YOU PURCHASE A PRODUCT AT PULLPLAN.COM, YOU ARE REPRESENTING TO PULL PLAN SOFTWARE, INC. THAT YOU ARE AT LEAST 18 YEARS OF AGE OR OLDER.
VIII. APPLICABLE LAW
This site is created and controlled by Pull Plan Software, Inc. in the State of California. As such, the laws of the State of California will govern the disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Pullplan.com reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of California, County of San Diego and of the United States of America located in the State of California, County of San Diego for any litigation arising out of or relating to use of or purchase made through Pull Plan Software, Inc. (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the courts of the State of California, County of San Diego and agrees not to plead or claim in any court of the State of California, County of San Diego that such litigation brought therein has been brought in an inconvenient forum.