Please read this user
agreement.
I. To use these services at all times in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies
and guidelines outlined below.
II. Further, you agree to abide by all notices, warnings or disclaimers posted by Plank-Road.Com.
Access to Plank-Road.Com
Plank-Road.Com is a free internet service provided by Plank-Road, Inc.
through Plank-Road.Com. At this site, Users will have access to services for families with children and other adults. By entering Plank-Road.Com, you are indicating your acceptance of the terms hereof and agree as follows:
Amendments and Changes
Offensive, Illegal or inappropriate Behavior
Intellectual Property Rights
The material provided on this site is available for downloading, retransmission or copying for your personal use only. No redistribution, retransmission, or public redisplay by users, and no commercial exploitation by users shall be allowed without express written permission. No commercial exploitation is allowed without express written permission. Violation of any copyright or other property notices or restrictions contained in Plank-Road.Com may result in the termination or suspensions of access to this service.
Materials Posted to Plank-Road.Com
Plank-Road.Com reserves the right to remove or modify any materials posted on the site at its sole discretion for any reason.
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 site is a