CONDITIONS OF USE
I want you to know that I hate this kind of stuff. My first thought was not to even post this page. But my lawyers tackled me as I went out their office door, tied me to the PVC chair I built for them and made me promise to include this legal statement. I was hungry and late for dinner, so I promised.
They say it's important, so please take a deep breath and read it!
SITE, WHICH IS PROVIDED BY PVCWORKSHOP.COM AND OWEN
PUBLICATIONS. BY ACCESSING THIS SITE, YOU ARE INDICATING
YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS AND
CONDITIONS OF USE. THESE TERMS AND CONDITIONS OF USE ARE
SUBJECT TO CHANGE BY MY COMPANY AT ANY TIME AT ITS
DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE
IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE
OF THE CHANGES. SOME TERMS AND CONDITIONS OF USE ARE
REPEATED FOR CLARITY.
IF YOU DO NOT AGREE WITH ANY OF THE
FOLLOWING TERMS, DO NOT
USE THIS WEB SITE IN ANY MANNER WHATSOEVER.
The PVCworkshop.com® Web Site (hereafter referred to as the "Site") is an online information service provided by Brooks Owen, Owen Publications and/or PVCworkshop.com (hereafter referred to as "Owen"), subject to your compliance with the Terms and Conditions of Use (hereafter referred to as "Terms") as set forth below.
Please read these Terms carefully before accessing and/or using this Site. By accessing and/or using this Site in any manner, you agree to be bound by the Terms.
The entire contents of this Site, including but not limited to, images, photos, illustrations, logos, plans, how-to instructions/directions and intellectual property are protected by international copyright and trademark laws whether marked by ©, "tm" or not. The owner of the copyrights and trademarks is Owen. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any manner the material on this Site. You may download and print portions of material from the different areas of this Site solely for your own non-commercial use provided you agree not to change or delete any copyright, trademark or proprietary notices from said materials.
In a nutshell, you may use the products
and projects you make from the plans found within
this site in any manner you choose. However, you
may not reproduce the plans, instructions or
photos whatsoever to sell or resell in any way, shape
Words, phrases, graphics and logos are lawful trademarks of Owen. Other product and company names mentioned within the Site may be the trademarks of their respective owners.
3. Use of the Site
The information herein contained is offered as information, entertainment and personal opinions only. Owen is not responsible for the use or misuse of said information.
You understand that, except for information and products or services clearly identified as being supplied by PVCworkshop.com, Owen does not operate, control or endorse any information, products or services anywhere on the Internet in any way. Except for Owen-identified information and products or services, all other information, products and services offered through this Site or on the Internet generally are offered by third parties that are not affiliated by ownership with Owen, unless otherwise disclosed.
You agree that Owen cannot and does not guarantee or warrant that files available for downloading through this Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data.
You assume total responsibility and risk for your use of this Site. Owen provides the information at this Site on an "as is" basis and does not make any express or implied guarantees or warranties of merchantability, safety or fitness for a particular purpose. It is solely your responsibility to evaluate the accuracy, safety, legality, completeness and usefulness of all opinions, advice, services, merchandise, instructions, plans and other information provided through this Site or on the Internet in general.
This Site may be hyper-linked to other sites which are not maintained by, or related to, Owen. The inclusion of any hyper-link to a third-party site does not imply endorsement, sponsorship or recommendation by Owen of that site. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or Owen. Owen has not reviewed any or all of such sites and is not responsible for the content of those sites. Owen also makes no representations about the availability of hyper-linked sites. Hyper-links are to be accessed at the user's own risk, and Owen makes no representations or warranties about the content, completeness, safety or accuracy of these hyper-links or the sites hyper-linked to this site.
If you hyper-link to a site, please be aware that you will leave this Site and will become subject to the rules and conditions of the linked site(s). Owen recommends that you make yourself aware of the Terms and Conditions of Use of any site(s) you link to from this Site.
Owen is not responsible or liable for a linked-to site's privacy or data security practices of these sites. Additionally, if you register with any of these sites, any information that you provide in the process of registration, such as your email address, credit card number or other personally identifiable information, will be transferred to these sites. For these reasons, you should be careful to review any privacy and data security policies posted on any of these sites before providing information to them.
4. Limits of Liability and Disclaimers
While all attempts have been made to provide useful information on this Site, Owen assumes no responsibility for any errors, inaccuracies, or omissions, nor is any liability assumed for any damages resulting from the use or misuse of the information, "how-to" instructions, plans, photos, or ideas included at this Site.This Site is created to provide information, plans, instructions and products for the subject matter covered. Publications, plans, instructions and products are sold with this understanding, and with the understanding that Owen is not engaged in rendering any kind of legal, accounting, regulatory, compliance or other professional services. Products, publications, plans, instructions and services offered on this Site are for educational, entertainment, and informational purposes only.
Owen does not warrant the safety or
usability of any of the plans, ideas, instructions or
products of any kind mentioned at this Site. Owen accepts
no responsibility and is excluded from all liability from
damage and/or loss which may be suffered by any other
party as a result of using or in connection with such use
or loss of use of the information, including but not
limited to loss of profit, loss of opportunity, loss of
business, indirect damages, incidental damages, special or
consequential loss, injury or loss of life.
In no event shall Owen be liable for any damages, including without limitation any direct, indirect, special, incidental, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, business interruption, loss of or damage to person or property, loss of life/limb/health, or claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Site or any web site with which it is linked or any claim attributable to errors, omissions, or other inaccuracies at this Site and/or materials or information downloaded from this Site.
And in no event will Owen be liable for any incidental, consequential, loss of life/limb/health, or indirect damages arising from the use or misuse of any tools, chemical agents, PVC pipe-related materials, or PVC project plans of any kind whatsoever. See paragraph #19 (For Your Own Safety.)
Any advice given by Owen is based on Owen's own opinion and is not guaranteed for accuracy or safety.
Due to some jurisdictions, states or countries not allowing the exclusion or limitations of liability for consequential or incidental damages, the above limitations may not apply to you. In such jurisdictions, states or countries, do not use this Site or order any of the products and services provided by or through Owen.
You agree to indemnify, defend and hold harmless Owen, its officers, directors, employees, agents, licensors, suppliers and any third party information and product providers to this Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any use or violation of these Terms (including negligent or wrongful conduct) by you or any other person accessing the Site.
6. Third Party Rights
The provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification) are for the benefit of Owen and its officers, directors, employees, agents, licensors, suppliers, and any third party information and product providers to this Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
7. Termination and Provision Survival
These Terms may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright), 3 (Use of the Site), 4 (Limits of Liability), 5 (Indemnification), 6 (Third Party Rights), 8 (Miscellaneous), 9 (Services), 13 (Jurisdiction), 14 (Disclaimers), 19 (For Your Own Safety), shall survive any termination of these Terms.
Any testimonials and examples used are exceptional results and do not necessarily apply to the average purchaser and are not intended to represent or guarantee that anyone will achieve the same or similar results.
Owen offers PVC pipe projects, information, instructions and plans, as well as related products and services. All content, products and services are not to be considered as legal advice and are to be used for personal informational and entertainment purposes only.
10. Compliance with Laws
You are solely responsible for compliance with all applicable laws.
11. No Agency.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association that are in effect on the date such dispute arises. You can get information about Arbitration from the American Arbitration Association which is located at 1633 Broadway, 10th Floor New York, New York 10019. Toll free telephone number is: 1-800-778-7879. Any hearing or proceedings required will take place in the location closest to Owen.
In no case will the claimant or Site visitor have the right to go to court or to have a jury trial. Claimant or visitor will not have the right to initiate, participate or engage in any pre-trial discovery with the exception of any rules stipulated by the American Arbitration Association. You will also not have the right to participate as a member of any class of claimants pertaining to any claim subject to arbitration. The arbitor's decision will be final and binding with limited rights of appeal.
Our total liability for any claim arising out of, or relating to, this Site shall not exceed one hundred ($100.00) U.S. dollars and that amount shall be in lieu of all other remedies which you may have against this Site and/or Owen.
The prevailing party shall be reimbursed by the losing party for any and all costs associated with the dispute arbitration, including attorneys fees, collection fees, investigation fees and travel expenses.
13. Jurisdiction, Choice of Law, Export Limitations
This Site is controlled by us from our office within the United States of America and is directed to U.S. users. If you choose to access this Site from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or the Terms. These Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Site will be governed by the laws of the State of Washington, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and Owen agree to submit to the personal and exclusive jurisdiction of the courts located within Clark County, Washington, U.S.A. Any disputes regarding such claims or arising under or related in any way to these Terms or the Site shall be heard exclusively in the appropriate forum in Washington. You hereby consent to jurisdiction in a state or federal court closest to Owen sitting in the State of Washington, U.S.A. and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Washington or federal law.
These Terms shall all be governed and construed in accordance with the laws the State of Washington applicable to agreements made and to be performed in United States of America. You agree that any legal action or proceeding between Owen and you for any purpose concerning these Terms or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction in the County of Clark, State of Washington. Any cause of action or claim you may have with respect to the Site must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. Owen's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practices shall act to modify any provision of these Terms. Owen may assign its rights and duties under these Terms to any party at any time without notice. Any rights not expressly granted herein are reserved.
If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
14. Disclaimers for Potential Business
If you decide to start a business, any profits or earnings profiles associated with various reports, plans, information, and publications herein are not estimates, nor are guaranteed. (No business on the planet can guarantee you'll make money.) Each individual's success depends on his or her background, dedication, desire, abilities, motivation along with economic conditions and general public interest. Any figures mentioned in any connection whatsoever with the plans, reports and publications are not to be construed as a promise or implications of earnings or profits. Your business... your decisions... your actions... your responsibilities! As with any business endeavor, there is an inherent risk of loss of capital and, again, there is no guarantee you will earn any money or increase any profits.
You agree that Owen is not responsible for the success or failure of your business decisions relating to any information supplied by Owen.
NOTE: The U.S. Federal Trade Commission regulations require that I must state the "average" amount of money that everyone who bought my PVC business manual has made. Well, as you can imagine, I have no way of knowing. So to comply with the law, let me say that although other people have made varying amounts of money making and selling PVC products, "the ‘average’ person doing this has made less than one U.S. penny ($0.01)."
Many rules and regulations related to business activities vary in different industries and worldwide locations, so some of the advice or ideas suggested at this Site or its plans and informational products may be deemed unlawful in certain professions, circumstances and/or worldwide locations. Also, since industry regulatory rules, and federal and local laws differ widely, you as the Site visitor and/or purchaser, accept full responsibility for determining the legality, appropriateness, and/or ethical propriety of any and all business transactions or practices used in your particular field and geographic location, whether or not these transactions and/or practices are suggested or implied, either directly or indirectly at this Site or it’s products.
No responsibility is assumed by, nor is any
responsibility or liability to be attributed to, Owen. As
with any business advice, you are also strongly encouraged
to seek professional counsel before you begin taking any
action. Also, no guarantees of income or profits are
intended by this information – there are too many
variables that will, or may affect each individual’s
results, and your results may vary greatly from any
examples given or illustrated.
Always use caution and seek the advice of qualified professionals. Check with a qualified accountant, attorney or professional adviser before acting on this or any information.
Owen cannot promise or even imply your personal success, and therefore it cannot accept any responsibility for your results. Every effort has been made to accurately represent plans, informational products and the income potential you can earn from them.
Users of Owen plans, products, instructions, information, photos, publications and services, affiliated products and services and linked-to Sites are advised to do their own due diligence.
15. Money-Back Guarantee
You have the right to return any Owen item purchased directly from Owen for 100% refund of the purchase price you paid (less shipping, if any), if you are not satisfied. If you purchase any product from any third party, you are bound by their refund policies.
16. Child Privacy/Age Restriction
Children under the age of 13 are protected by federal law. For that reason, Owen does not knowingly permit children under the age of 13 to buy products and services on any Owen sites, without verifiable parental consent. Owen does not knowingly collect or solicit personal information about children under 13, except with their parent's express written consent.
If Owen ever includes children under the age of 13 as part of our intended site audience, those specific web pages will, in accordance with the provisions of the Children's Online Privacy Protection Act (COPPA), be clearly identified and provide an explicit privacy notice; and Owen will provide processes to obtain parental approval, provide access to information and allow parents to request removal of their children's personal information.
Owen encourages parents and guardians to spend time with their children online and to participate in their Internet activities and interests.
By using the Owen Site you certify you are 18 years of age, or older, and can be legally bound by these Terms. If you are not, do not use this site in any manner whatsoever.
This Site's Privacy Promise is part of, and subject to, these Terms and Conditions of Use. The Privacy Promise is posted elsewhere on the Site.
18. Refusal to Sell Products
Owen reserves the right to refuse to sell products to anyone for any reason without explanation.
19. For Your Own Safety
Read and follow all PVC and related
material, tool manufacturers' directions for use and
warnings! If you have safety concerns or issues,
they must be directed to the appropriate manufacturers of
various PVC pipe, related materials, and tools.
In no event will Owen be liable for any incidental, consequential, or indirect damages, or loss of life/limb/health arising from the use or misuse of any tools, PVC pipe-related materials and products or PVC project-related plans and instructions of any kind whatsoever.
NOTE: If you use power equipment, wear a proper dust mask or respirator to protect against any possible particulate dust.
NOTE: Chemicals can be dangerous. If you use
chemicals to clean PVC, such as acetone, always make sure
you use proper hand protection, such as yellow kitchen
gloves; eye protection, such as goggles or safety glasses;
and breathing protection, such as a mask or respirator.
Work in an area with proper ventilation, or work outdoors.
NOTE: Please read "Is
WARNING: Do NOT paint your PVC projects with lead-based or other dangerous paints or coatings of any kind whatsoever.
Ultimately, your safety is your responsibility. Always wear proper protective gear, take proper safety precautions and follow all laws, regulations and manufacturers' guidelines.
20. Extension to Other Owen Publications
These Terms and Conditions extend to, and are part and parcel of, all PVC Project Plans, Products, Publications, Information, Photos and How-To Instructions of any kind whether or not purchased from Owen or acquired from Owen in any manner whatsoever.
If you have any questions or a complaint regarding the Terms or the practices of this Site, or your dealings with this Site, you may contact...
22. Entire Agreement
These terms and conditions, including the policies incorporated herein by express reference, constitutes your entire agreement with Owen with respect to your use of this Site.
* * * * *
My apologies for all the legalese. But it's important to know before you use this Site. The main thing is, I want you to learn some stuff, make useful and fun things with PVC and enjoy yourself. That's why I've taken every effort to create this simple Site to be helpful and informative.
Hopefully I’ve accomplished that and ask that you let me know if you’d like to see improvements or changes that would make it even easier for you to find the information and you want.
Now go to the rest of the Site, find some PVC projects to make and... have some fun!