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Terms of Service


PLIANTTECHNOLOGIES.COM may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Pliant Technologies, LLC, and their subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Pliant Technologies, LLC believes that customer conduct violates applicable law or is harmful to the interests of Pliant Technologies, LLC and its subsidiaries.

Accounts

Account Creation. In order to use certain features of the Site, you must register for an account ("Account") and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Account.

Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Access to Contents available through the Websites and the use thereof is available primarily to registered Account users. Access to some information, functionalities, services and other content available through the Websites, or their partial or full use, is granted to unregistered users. Any reference to users made in these Terms includes both registered and unregistered users.

As defined by the provisions of these Terms, any natural person who fills out the electronic account registration form during initial login to the system may register and is considered a registered user of the Websites.

In order to register an account, you must acknowledge all here stated registration rules, perform the registration procedure, provide accurate, complete and true data and choose a username and password. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. Such usernames shall be deleted without prior notice. User registration is possible only with unconditional acceptance of these Terms and with the consent for collection and use of personal data in accordance with the legal provisions in force and the provisions of the Privacy Policy that is part of these Terms. By completing the registration process every user receives his/her own user account.

You are responsible for safeguarding the authentication information, including passwords, that you use to access the Websites, and for any activities or actions under your authentication information, whether your authentication information is with our Websites or a third-party service.

You agree not to disclose your authentication information to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Termination of registration does not remove your liability for possible violations and/or damage inflicted during the validity period of your registration. By registering you agree to receive notices related to administration or your use of the Websites and its Content, released by Pliant, and legal or natural persons appointed, engaged or authorized by Pliant.

Access to the Site

License. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.

Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.

Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.

No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site.

Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in this policy. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

USE OF THE WEBSITES

CONDITIONS OF USE
By using this site, you signify your agreement to the following conditions of use without limitation or qualification. These conditions govern your use of the site, but not the sale or purchase of any products. Please read these conditions carefully before using this site. Pliant Technologies, LLC may at any time revise these terms and conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current terms and conditions to which you are bound.

RESTRICTIONS ON USE OF MATERIALS
This site is owned by Pliant Technologies, LLC. Permission is granted to display and navigate around this Website with a computer using HTML browser software, solely for personal, non-commercial use. Any commercial use of this Website or any portion hereof is strictly prohibited.

Except as otherwise permitted by Pliant Technologies, LLC no materials from this Website or any Website owned, operated, licensed or controlled by Pliant Technologies, LLC may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on this Website for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, re-post, or use the content of this Website for commercial purposes, including the text, images, audio, and video, without Pliant Technologies, LLC's written permission. Pliant Technologies, LLC neither warrants nor represents that your use of materials displayed on this Website will not infringe rights of third parties not owned by or affiliated with Pliant Technologies, LLC.

It is not allowed (hereinafter: Prohibited Practices):

  • to use the Websites or content available through the Websites in a manner which may cause damage to Pliant, other users or any third party;
  • to publish, upload, exchange or transmit Prohibited Content;
  • to publish, upload, exchange or transmit any content that the user knows to be false or untrue, or has justifiable reason to believe it to be false or untrue, and whose use may cause damage to Pliant, other users or third parties;
  • to misrepresent yourself with the purpose of deceiving Pliant, other users or third parties;
  • to publish, upload, exchange or transmit to Pliant, other users or third parties any unwanted notices or other content of commercial or malicious nature, without prior request or consent, particularly including notices and other content of the same or similar nature;
  • to purposefully publish, upload, exchange or transmit any content containing computer viruses, worms, and programs that may obstruct or hinder regular operation of the Websites, cause damage or destruction of any computer program, or any computer and other equipment owned by Pliant, other users or third parties;
  • to collect, process or use personal data of the Websites users or third parties in an unauthorized manner;
  • to engage in overt or covert advertising (verbal or graphic representation of products, services, personal names, names of companies, names, trademarks (registered or unregistered trademarks and service marks), businesses etc.) in an unauthorized manner.

Users or third parties shall be legally liable for failure to comply with the provisions of these Terms related to Prohibited Practices or Prohibited Content, particularly for possible damage caused by such actions to Pliant, other users and/or third parties.

We reserve the right, but do not assume the obligation, to cancel a user account as a result of the user’s Prohibited Practices or other unlawful behavior, or any violation of these Terms that we assess as grave, without prior notice and without explanation, according to our own assessment or information provided by any user or third party.

In consequence of the above, we cannot be held responsible for possible damage incurred to the user, other users or third parties, caused by Prohibited Practices or cancellation of the user account in accordance with the provision in the previous paragraph.

Prohibited Content

It is prohibited to publish, transmit, upload or exchange any content violating the current laws of the Republic of Croatia and European Union, particularly the content that is untrue, deceptive, offensive, vulgar, threatening, racist or chauvinist, the content violating intellectual property rights, the content considered as unauthorized disclosure of personal data or as violation of the right of privacy of users or third parties, as well as any other content which may cause damage to Pliant, other users or third parties (“Prohibited Content”).

Links to third party websites

The Websites contain links to other websites owned by Pliant, as well as to third party websites (“Links”). The Links shall be duly marked, whenever this is enabled by the manner of their publication or use.

The publication of Links on the Websites does not mean that we endorse, approve, recommend, promote or in any other way support the information, statements or facts, attitudes, opinions, or conclusions contained therein.

We shall not control or supervise content available through the Links and therefore we cannot guarantee the accuracy, truthfulness, origin, contents, or availability thereof.

For any comments or information regarding the Links please contact the Pliant support. We are obliged to remove any Link containing or referring to Prohibited Content immediately upon receipt of the corresponding notice. Furthermore, we reserve the right, but do not assume the obligation, to remove any Link, without prior notice and without explanation, based on our own assessment or on information received by any user or third party, for any reason, but primarily due to violation of these Terms.

In consequence of the above, we cannot be held responsible for possible damage caused regarding publishing, removing, or using any Link, or relying on any content available via the Link.

Termination

We may terminate or suspend your registered user account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Websites will immediately cease. If you wish to terminate your account, you may simply discontinue using the Websites.

WARRANTY DISCLAIMER
THE MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PLIANT TECHNOLOGIES, LLC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE, BUG FREE, VIRUS-FREE, FREE OF TROJAN HORSES OR OTHER MALEVOLENT CODE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF ERRORS, BUGS, VIRUSES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. PLIANT TECHNOLOGIES, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ACKNOWLEDGE AND ASSUME THE RISKS INHERENT FROM THE USE OF THE MATERIALS ON THIS WEBSITE. WHILE PLIANT TECHNOLOGIES, LLC USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE, ERRORS OR OMISSIONS MAY OCCUR AND PLIANT TECHNOLOGIES, LLC MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THIS WEBSITE.

LINKS TO OTHER THIRD-PARTY WEBSITES NOT OWNED OR CONTROLLED BY PLIANT TECHNOLOGIES, LLC MAY BE AVAILABLE FOR ACCESS THROUGH THIS WEBSITE. SUCH EXTERNAL THIRD-PARTY INTERNET ADDRESSES CONTAIN INFORMATION CREATED, PUBLISHED, MAINTAINED OR OTHERWISE POSTED BY ORGANIZATIONS INDEPENDENT OF PLIANT TECHNOLOGIES, LLC. PLIANT TECHNOLOGIES, LLC DOES NOT ENDORSE, APPROVE, CERTIFY, WARRANT, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY INFORMATION, CONTENT, PRODUCT OR SERVICE REFERENCED OR PROVIDED AT SUCH ADDRESSES. MENARD INC. ENCOURAGES YOU TO BE AWARE WHEN YOU LEAVE THE WEBSITE AND TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH OTHER WEBSITE THAT YOU VISIT.

SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE BY ACT OR OMISSION, WILL PLIANT TECHNOLOGIES, LLC OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE, BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES THAT RESULT FROM YOUR USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE, EVEN IF PLIANT TECHNOLOGIES, LLC OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

PLIANT TECHNOLOGIES, LLC FURTHER ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE.

THE ABOVE LIMITATIONS OF LIABILITY DO NOT APPLY TO RESIDENTS OF, OR USE OF THE WEBSITE WITHIN, THE STATE OF NEW JERSEY.

RESTRICTIONS ON USE OF MATERIALS
This site is owned by Pliant Technologies, LLC. Permission is granted to display and navigate around this Website with a computer using HTML browser software, solely for personal, non-commercial use. Any commercial use of this Website or any portion hereof is strictly prohibited.

Except as otherwise permitted by Pliant Technologies, LLC no materials from this Website or any Website owned, operated, licensed or controlled by Pliant Technologies, LLC may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on this Website for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, re-post, or use the content of this Website for commercial purposes, including the text, images, audio, and video, without Pliant Technologies, LLC's written permission. Pliant Technologies, LLC neither warrants nor represents that your use of materials displayed on this Website will not infringe rights of third parties not owned by or affiliated with Pliant Technologies, LLC.

Indemnification
You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

JURISDICTIONAL ISSUES
This Website is controlled and operated by Pliant Technologies, LLC from its offices within the State of Alabama, United States of America. Pliant Technologies, LLC makes no representation that materials on this Website are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
Pliant, CoachComm, Tempest, SmartBoom, CrewCom, CrewWare and all other trademarks, design marks, trade names and logos used by pliantttechnologies.com are registered trademarks or service marks of Pliant Technologies, LLC and/or CoachComm, LLC.  All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. We are very protective of our trademarks. All use of these marks must be with our permission. We will file appropriate legal actions to enjoin the unauthorized use of these marks. Under the law, we would be entitled to collect your profits, our actual damages and, perhaps, our attorney fees. We thank you for your cooperation.

Content available through the Websites in any form, especially that in the form of documents, templates, spreadsheets, lists, photographs, images, drawings, diagrams, charts, audio and visual materials, etc., are protected by copyright and other intellectual property rights according to the legal provisions in force.

Users are held responsible for possible violation of copyrights and other intellectual property rights related to the Contents.

The Websites contain names of natural and legal persons, names of products or services, trademarks, logos, pictures, graphics and other content subject to the protection of intellectual property rights (hereinafter: Protected Content) held by Pliant and/or third parties. Access to or use of the Websites or the Contents does not grant any license, right to use, right to exploit, or any other right related to Protected Content, except to the extent and in the manner explicitly specified in the provisions of these Terms or a corresponding separate contract.

It is not allowed:

  • to download, reproduce, copy, distribute, lease, provide for use, publish, communicate to unauthorized third parties or general public, or use Content in any other way for commercial purposes, without written consent previously granted by Pliant;
  • to alter, modify, edit, translate, or create derived works from any Content available through the Websites for commercial purposes, without written consent previously granted by Pliant;
  • to use Content available through the Websites for purposes related to selling or offering for sale, advertising or promotion of any product or service by any person.

General

  • Changes. These Terms are subject to occasional revision. We will notify you of any changes to our Terms by posting the new Terms on this page. The date the Terms were last revised is identified at the beginning of these Terms. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Site and the Terms to check for any changes. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
  • Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
  • Disclosures. Company is located at the address listed at the bottom of this page.
  • Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
  • Copyright/Trademark Information. Copyright © 2006–2018 CoachComm, LLC, Pliant Technologies, LLC. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Information

Pliant Technologies, LLC
205 Technology Parkway
Auburn, AL 36830
+1.334.321.1160
USA
[email protected]
www.plianttechnologies.com