Plank-Road.Com Legal Disclaimer and User Agreement

Please read this user agreement.


Access to Plank-Road.Com

Amendments and Changes

Offensive, Illegal or inappropriate Behavior

Intellectual Property Rights

Materials Posted to Plank-Road.Com

Indemnification and Hold Harmless Clause

    Any and all users agree, by their acceptance of the terms hereof to save Plank-Road.Com free and harmless from any and all liability or responsibility and indemnify Plank-Road.Com and its contributors from and against any claims, actions, orders, liabilities, judgments, losses, expenses, damages and costs, including reasonable attorneys' fees and legal costs, relating to any violation by users of this agreement, or any harmful or illegal activities by a user in connection with Plank-Road.Com.

Disclaimer

    Plank-Road.Com makes no warranty of any kind, either express or implied, including without limitation any warranty for accuracy of information, services, uninterrupted access, or products provided through or in connection with the service. Use of Plank-Road.Com is provided without consideration, and use of the site is at User's sole risk. Plank-Road.Com does not make any warranties of title or warranties of merchantability or fitness for a particular purpose.You, as a user, agree that use of Plank-Road.Com is entirely at your own risk.

    Users who encounter questionable materials are encouraged to contact Nell Bolen via regular or electronic mail by writing to nell@plank-road.com.

Limited Liability

    Plank-Road.Com is a free service. You acknowledge that there is no special legal or business relationship between you, as a user, and Plank-Road.Com. Accordingly, Plank-Road.Com and its contributors are not and shall not be liable for any damages, losses or injury caused by any failure of performance, error, omission, interruption, deletion, defect, transmission or operational delays, inability to gain access to or use of Plank-Road.Com, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause or claim in law or equity. You, as a user, hereby acknowledge that the provisions of this section shall apply to all content on Plank-Road.Com.

Other Users

    You, as a user, specifically acknowledge that Plank-Road.Com and its contributors are not liable for the offensive, harmful or illegal conduct of other users of Plank-Road.Com or other third-parties, and that the risk of injury from the foregoing rests entirely with you, the user.

Law and Jurisdiction

    This agreement and any dispute relating to this agreement shall be governed by the laws of the United States and the laws of the state Virginia, without regard to U.S. or Virginia choice of law rules.

    You, as a user, and Plank-Road.Com agree and consent that jurisdiction, proper venue and the most convenient forms for all claims, actions and proceedings of any kind relating to Plank-Road.Com or the matters in this agreement shall be exclusively in courts located in Roanoke, Virginia. If a court with the necessary subject matter jurisdiction over a given matter cannot be found in Roanoke, then jurisdiction for that matter shall be exclusively in a court with the proper jurisdiction as close to Roanoke as possible, and within Virginia if possible.

Severability

    If any part or provision of this agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then you, as a user, and Plank-Road.Com agree that the remainder of the agreement shall be fully enforceable as if the unenforceable part or provision never existed.

Third Party Beneficiaries

    You, as a user, and Plank-Road.Com agree that there are no third party beneficiaries of any promises, obligations or representations made by Plank-Road.Com. Those referred to as the "Plank-Road.Com contributors" are third party beneficiaries under this agreement in accord with the provisions where they are referenced.

Notice

    Plank-Road.Com may give notice to users for any or all purposes by means of a general notice on this service. All notices or other communications to Plank-Road.Com from users will be deemed given when received by electronic mail sent to Nell Bolen (nell@plank-road.com).

General

    This legal agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supercedes all previous and contemporaneous agreements, proposals and communications, written or oral between Plank-Road.Com and users. Waiver by Plank-Road.Com of any violation of any provision of this agreement shall not be deemed to waive any further or future violation of the same or any other provision.

Copyright © 1998 Nell Bolen

This site is a
Division of Plank-Road, Inc.


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