BUYER’S AGREEMENT/ TERMS OF USE (TOU)
MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at this website:
https://www.gizmoplans.com
Each of these policies may be changed from time to time. Changes take effect when we post them on the gizmoplans.com site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
THIRD PARTY CONTENT, SITES, AND SERVICES
The gizmoplans.com site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of gizmoplans.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that gizmoplans.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that gizmoplans.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release gizmoplans.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
PRIVACY AND INFORMATION DISCLOSURE
Gizmoplans.com has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:
https://www.gizmoplans.com
Your use of the gizmoplans.com website or the Service signifies acknowledgment of and agreement to our Privacy Policy. You further acknowledge and agree that gizmoplans.com may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of gizmoplans.com, its users or the general public.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE GIZMOPLANS.COM SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE GIZMOPLANS.COM SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, GIZMOPLANS.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE GIZMOPLANS.COM SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, GIZMOPLANS.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE GIZMOPLANS.COM SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE GIZMOPLANS.COM SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, GIZMOPLANS.COM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE GIZMOPLANS.COM SITE OR THE SERVICE.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some
of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL GIZMOPLANS.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF GIZMOPLANS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE GIZMOPLANS.COM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE GIZMOPLANS.COM SITE OR THE SERVICE, FROM INABILITY TO USE THE GIZMOPLANS.COM SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE GIZMOPLANS.COM SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE GIZMOPLANS.COM SITE OR THE SERVICE OR ANY LINKS ON THE GIZMOPLANS.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE GIZMOPLANS.COM SITE OR THE SERVICE OR ANY LINKS ON THE GIZMOPLANS.COM SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
THE LIABILITY OF GIZMOPLANS. COM IS LIMITED TO THE PRICE PAID BY BUYER FOR ANY PLANS. GIZMOPLANS.COM IS NOT LIABLE TO BUYER FOR ANY DAMAGES OF BUYER IN EXCESS OF THE PRICE PAID BY BUYER FOR THE PLANS. GIZMOPLANS.COM HAS NO LIABILITY TO BUYER FOR ANY OTHER AMOUNTS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, CLAIMS OF BREACH OF PATENT OR TRADEMARK, NEGLIGENCE CONTRACT OR ANY OTHER DAMAGES OR CLAIMS OF ANY KIND OR NATURE. THE SELLER DID NOT DETERMINE THE INTENDED USE, HAS NOT BEEN TOLD THE INTENDED USE, AND IS NOT RESPONSIBLE FOR THE SUITABILITY OF THE PLANS OR PRODUCT FOR THE INTENDED USE. THE FABRICATION OF THE FORMS AND THE FABRICATION OF THE EQUIPMENT OR OTHER PRODUCT AND THE FABRICATION OF THE FINAL PRODUCT ARE BEING PERFORMED BY THE BUYER AND NOT THE SELLER, THE SELLER IS NOT RESPONSIBLE FOR THE FABRICATION OF THE FORMS, EQUIPMENT, OR OTHER PRODUCT. SELLER IS NOT RESPONSIBLE FOR THE SUITABILITY OF THE MATERIALS USED FOR FABRICATION OF THE PRODUCT, IS NOT RESPONSIBLE FOR THE METHODS USED BY THE BUYER FOR THE FABRICATION OF THE PRODUCT, OR THE USE OF THE PRODUCT.
MODIFICATION & SALE OF PLANS
The plan is protected by the trademark and copyright of gizmoplans.com or other designer. The plan may be protected by one or more patents. Buyer and all other persons and entities are prohibited from selling an original or a modified version of the plan without consent of gizmoplans.com, if gizmoplans.com is the designer, or the consent of other designer, if other designer has designed the plans.
ARBITRATION
Any disputes between the buyer or the other designer and gizmoplans.com or gizmoplans’ agents, officers and employees will be resolved by arbitration pursuant to the original arbitration rules existing at that time for the Minnesota Arbitration Association. Any arbitration will be subject to the laws of the state of Minnesota. Any arbitration should be held in Duluth, St. Louis County, Minnesota.
GOVERNING LAW
This agreement and all transactions between gizmoplans.com, the buyer and any other designer shall be governed by the laws of the State of Minnesota. The buyer consents to the jurisdiction of the State of Minnesota, the Courts of the state of Minnesota, and the arbitration in the state of Minnesota.
SALE ONLY TO THE ORIGINAL PURCHASER
The sale of this plan is made only to the original purchaser. The original purchaser is prohibited from selling, transferring, assigning, gifting, or otherwise letting other persons or entities have possession or use of the plans in any form, whether electronic form, paper form, photographic form, or other form. Any and all obligations of gizmoplans.com and other designer are only to the original buyer and not to any other person or entity. The plan is not for the benefit of any third party, and no third party has any rights against gizmoplans.com or other designer.
Mastering these projects demands a strict respect for safety. The information provided is for informational purposes only. The authors, contributors and the editors do not advocate the use of anything described in this web page or in any of the pages is has linked to, and accept no responsibility for any harm that might occur as a result of acting on any of the information contained herein. Although good faith effort has been made to ensure the validity of the information contained on this site, no guarantees or assurances of accuracy are provided by anyone.
USE OF WEBSITE CONTENTS
You will not copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the sites without the prior expressed written permission of gizmoplans.com and the appropriate third party, as applicable;
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE GIZMOPLANS.COM SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE GIZMOPLANS.COM SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, GIZMOPLANS.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE GIZMOPLANS.COM SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, GIZMOPLANS.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE GIZMOPLANS.COM SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE GIZMOPLANS.COM SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, GIZMOPLANS.COM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE GIZMOPLANS.COM SITE OR THE SERVICE.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some
of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
SELLER’S AGREEMENT/ TERMS OF USE (TOU)
MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at this website:
https://www.gizmoplans.com
Each of these policies may be changed from time to time. Changes take effect when we post them on the gizmoplans.com site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
GENERAL INFORMATION
The TOU constitute the entire agreement between you and gizmoplans.com and govern your use of the Service, superceding any prior agreements between you and gizmoplans.com. The TOU and the relationship between you and gizmoplans.com shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You and gizmoplans.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Duluth, St. Louis County, Minnesota. The failure of gizmoplans.com to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
By using the services on the gizmoplans.com websites (gizmoplans.com and other related websites where this agreement appears), you are agreeing to the following terms, including those available by hyperlink, with gizmoplans.com Inc.
While using gizmoplans.com, you will not:
Post content or items in an inappropriate category or areas on our sites and services; violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies; use our sites or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our sites; fail to deliver payment for items purchased by you, unless the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot authenticate the seller’s identity; fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer’s identity; manipulate the price of any item or interfere with other user’s listings; circumvent or manipulate our fee structure, the billing process, or fees owed to gizmoplans.com; post false, inaccurate, misleading, defamatory, or libelous content (including personal information); distribute or post spam, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm gizmoplans.com, or the interests or property of gizmoplans.com users; copy, modify, or distribute content from the Sites and gizmoplans.com’s copyrights and trademarks; or harvest or otherwise collect information about users, including email addresses, without their consent.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
Mastering these projects demands a strict respect for safety. The information provided is for informational purposes only. The authors, contributors and the editors do not advocate the use of anything described in this web page or in any of the pages is has linked to, and accept no responsibility for any harm that might occur as a result of acting on any of the information contained herein. Although good faith effort has been made to ensure the validity of the information contained on this site, no guarantees or assurances of accuracy are provided by anyone.
NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify gizmoplans.com’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at:
Gizmoplans.com Agent
4423 Normanna Road
Duluth, Minnesota 55803
PRIVACY AND INFORMATION DISCLOSURE
Gizmoplans.com has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:
https://www.gizmoplans.com
Your use of the gizmoplans.com website or the Service signifies acknowledgment of and agreement to our Privacy Policy. You further acknowledge and agree that gizmoplans.com may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of gizmoplans.com, its users or the general public.
CONDUCT
You agree not to post, email, or otherwise make available Content: a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way; b) that is pornographic; c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; d) that includes links to commercial services or web sites, except as allowed in “services”; e) that advertises any illegal service or the sale of any items the sale of
which is prohibited or restricted by any applicable law, f) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment; g) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
CONTENT
You are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Service. You understand that gizmoplans.com does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the gizmoplans.com site and Content available through the Service may contain links to other websites, which are completely independent of gizmoplans.com. Gizmoplans.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will gizmoplans.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.
Gizmoplans.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
LIMITATIONS ON SERVICE
You acknowledge that gizmoplans.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that gizmoplans.com
has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that gizmoplans.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that gizmoplans.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Gizmoplans.com permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service.
You may also create a hyperlink to the home page of gizmoplans.com sites so long as the link does not portray gizmoplans.com, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
Use of the Service beyond the scope of authorized access granted to you by gizmoplans.com immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from gizmoplans.com.
TERMINATION OF SERVICE
You agree that gizmoplans.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason, including, without limitation, if gizmoplans.com believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that gizmoplans.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction,
modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of gizmoplans.com. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of gizmoplans.com, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Gizmoplans.com is a registered mark in the U.S. Patent and Trademark Office.
Although gizmoplans.com does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to gizmoplans.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant gizmoplans.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
You will not copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the sites without the prior expressed written permission of gizmoplans.com and the appropriate third party, as applicable;
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE GIZMOPLANS.COM SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE GIZMOPLANS.COM SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, GIZMOPLANS.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE GIZMOPLANS.COM SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, GIZMOPLANS.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE GIZMOPLANS.COM SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE GIZMOPLANS.COM SITE.TO THE FULLEST EXTENT PERMITTED BY LAW, GIZMOPLANS.COM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE GIZMOPLANS.COM SITE OR THE SERVICE.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some
of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL GIZMOPLANS.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF GIZMOPLANS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE GIZMOPLANS.COM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE GIZMOPLANS.COM SITE OR THE SERVICE, FROM INABILITY TO USE THE GIZMOPLANS.COM SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE GIZMOPLANS.COM SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE GIZMOPLANS.COM SITE OR THE SERVICE OR ANY LINKS ON THE GIZMOPLANS.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE GIZMOPLANS.COM SITE OR THE SERVICE OR ANY LINKS ON THE GIZMOPLANS.COM SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
The liability of gizmoplans. com is limited to the price paid by buyer for any plans. gizmoplans.com is not liable to buyer for any damages of buyer in excess of the price paid by buyer for the plans. Gizmoplans.com has no liability to buyer for any other amounts, whether in contract, tort, strict liability, claims of breach of patent or trademark, negligence contract or any other damages or claims of any kind or nature. The seller did not determine the intended use, has not been told the intended use, and is not responsible for the suitability of the plans or product for the intended use. The fabrication of the forms and the fabrication of the equipment or other product and the fabrication of the final product are being performed by the buyer and not the seller, the seller is not responsible for the fabrication of the forms, equipment, or other product. Seller is not responsible for the suitability of the materials used for fabrication of the product, is not responsible for the methods used by the buyer for the fabrication of the product, or the use of the product.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
INDEMNITY
You agree to indemnify, defend and hold harmless gizmoplans.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
FEES AND SERVICES
When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days’ notice by posting the changes on the gizmoplans.com site Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of the law, under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item’s lawful owner upon physical receipt of the item from the seller, in accordance with the law. Further, we cannot guarantee continuous or secure access to our services, and operation of the sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
RELEASE
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
NO AGENCY
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
LAW AND FORUM FOR DISPUTES
This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against gizmoplans.com must be resolved by a court located in Duluth, St. Louis County, Duluth, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within St. Louis County, Duluth, for the purpose of litigating all such claims or disputes.
ARBITRATION
Any disputes between the buyer or the other designer and gizmoplans.com or gizmoplans’ agents, officers and employees will be resolved by arbitration pursuant to the original arbitration rules existing at that time for the Minnesota Arbitration Association. Any arbitration will be subject to the laws of the state of Minnesota. Any arbitration should be held in Duluth, St. Louis County, Minnesota.
MODIFICATION & SALE OF PLANS
The plan is protected by the trademark and copyright of gizmoplans.com or other designer. The plan may be protected by one or more patents. Buyer and all other persons and entities are prohibited from selling an original or a modified version of the plan without consent of gizmoplans.com, if gizmoplans.com is the designer, or the consent of other designer, if other designer has designed the plans.
PLANS OF THE OTHER DESIGNERS:
Gizmoplans and its offers and agents are not responsible in any way for the design, instructions, warranties, merchantability, suitability for particular use, liability and tort, contract or otherwise for these plans which are designed and which are owned by persons or entities other than gizmoplans. com. Gizmoplans.com makes no representations or warranties and has no responsibility regarding any claims of infringement, patent, trademark or copyright by these plans which were designed and are owned by entities other than gizmoplans.com. Gizmoplan’s only responsibility to the buyer is to make the plans available to download to the buyer upon payment by buyer.
Plans which are available for download on the pages have plans which are not designed or owned by gizmoplans.com. Gizmoplans.com makes no warranty that it has determined that these plans, or products produced as a result of these plans, or equipment designed in these plans, are suitable for buyer’s intended use or that they are merchantable or that these plans will meet the needs of the buyer in other respects. Gizmoplans.com makes these plans available on this website for the convenience of the plan designer and the buyer. Warranties which may apply to the plans designed by gizmoplans.com and which are available as gizmoplans.com’s own products do not apply to these plans which are designed or owned by entities other than gizmoplans.com. The plans available on these webpages are not designed by or owned by gizmoplans.com.
Gizmoplans may disclose to “other designer” the identity of the buyers provided by the buyer. However, gizmoplans.com will not disclose to the buyer the credit card or other personal financial information of the buyer without the buyer’s further consent or unless there is a dispute between other designer and the buyer.
OTHER DESIGNER SITE
Sole responsibility of other designer: Any questions relating to the plans or products of other designer could be sent by the buyer to the other designer and not to gizmoplans.com. All product support, customer service, and other questions or responsibilities regarding the plans or other designer, are solely the responsibility of the other designer and are not the responsibility of gizmoplans.com. Contact information for other designers is provided with other designer’s plans or other materials. Buyer should refer to the plans and these other materials for contact information for the other designer.
GOVERNING LAW
This agreement and all transactions between gizmoplans.com, the buyer and any other designer shall be governed by the laws of the state of Minnesota. The buyer consents to the jurisdiction of the State of Minnesota, the Courts of the state of Minnesota, and the arbitration in the state of Minnesota.
SALE ONLY TO THE ORIGINAL PURCHASER
The sale of this plan is made only to the original purchaser. The original purchaser is prohibited from selling, transferring, assigning, gifting, or otherwise letting other persons or entities have possession or use of the plans in any form, whether electronic form, paper form, photographic form, or other form. Any and all obligations of gizmoplans.com and other designer are only to the original buyer and not to any other person or entity. The plan is not for the benefit of any third party, and no third party has any rights against gizmoplans.com or other designer
