Effective as of 12 May 2021
Thanks also to the good folks at Automattic (responsible for great creations like WordPress.com), who have made their more comprehensive Terms of Service available under a Creative Commons Sharealike license, which means that you can borrow some or all of their wording for your own Terms of Service.
Welcome, and thank you for your interest in Pliable Dynamics (“Pliable Dynamics,” “PD,” “Company,” “we,” “our,” or “us”). Unless otherwise noted on a particular site or service, these master terms of Use (“Master Terms”) apply to your use of all the websites that JuCaZu LLC. Dba Pliable Dynamics operates. Including https://pliabledynamics.com, together with all other subdomains thereof, (collectively, the “Websites”). The Master Terms also apply to all products, information, and services provided through the Websites, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all these Terms of Use.
Collectively, the Terms: The Master Terms, together with any Additional Terms, form a binding legal agreement between you and Pliable Dynamics in relation to your use of the Services. Collectively, this legal agreement is referred to below as the “Terms.” If you do not agree with all these terms of use, then you are expressly prohibited from using the site and you must discontinue use immediately.
BY CLICKING “I ACCEPT” OR OTHERWISE ACCESSING OR USING ANY OF THE SERVICES (INCLUDING THE LICENSES, PUBLIC DOMAIN TOOLS, AND CHOOSERS), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By clicking “I ACCEPT” or otherwise accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” apply to you, that entity, and other users accessing the Services on behalf of that entity.
From time to time, Pliable Dynamics may change, remove, or add to the Terms, and reserves the right to do so at its discretion. In that case, we will alert you about any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant Website(s) and notify those of you with an account via email. All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.
Unless otherwise indicated, the website is Pliable Dynamics proprietary intellectual property and all source code, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and any trademarks, service marks, and logos contained therein (the “Marks”) are owned, controlled by or licensed to Pliable Dynamics, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided as-is. You acknowledge that Pliable Dynamics does not make any representations or warranties about the material, data, and information, such as data files, text, computer software, code, music, audio files or other sounds, photographs, videos, or other images (collectively, the “Content”) which you may have access to as part of, or through your use of, the Services. Without our express prior written permission and as provided in these Master Terms, no part of the website and no Content or Marks may be copied, reproduced, aggregated, republished, publicly displayed, uploaded, posted, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever.
Under no circumstances is Pliable Dynamics liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services. You understand that by using the Services, you may be exposed to Content that is offensive, or objectionable.
There is no additional fee for rescheduling
You can cancel your subscription anytime via email: contact@pliabledynamics.com. If you cancel within 14 days of your initial order, you’ll be fully refunded. Should you cancel after 14 days, your payment is non-refundable, and your service will continue/be available until the end of your contracted term.
Your responsibility: By using any and all parts of the website, you represent, warrant, and agree that: (1) you have the legal capacity and agree to comply with these Master Terms; (2) you are not a minor in the jurisdiction you reside; (3) you are not under the age of 13; (4) you will not access the website with artificial intelligence or non-human means such as a bot, script, or otherwise; (6) your use of the site will not violate any applicable law and is not for the illegal unauthorized purpose. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the website. Additionally, no Content posted or otherwise shared by you on or through any of the Services (“Your Content”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.
Removal: Pliable Dynamics may, but is not obligated to, review Your Content and may delete or remove Your Content (without notice) from any of the Services in its sole discretion. Removal of any of Your Content from the Services (by you or Pliable Dynamics) does not impact any rights you granted in Your Content under the terms of a Pliable Dynamics license.
By registering for any of the Services, including subscriptions, Service accounts, or applying consulting engagements, you represent and warrant that you are the age of majority in your jurisdiction (typically age 18). Services offered to registered clients are provided subject to these Master Terms, the PD Privacy Policy, and any Additional Terms specified on the relevant Website(s), all of which are hereby incorporated by reference into these Terms.
Registration: You agree to (a) only provide accurate and current information about yourself (though the use of an alias or nickname in lieu of your legal name is encouraged in connection with the PD Services), (b) maintain the security of your passwords, and identification, (c) promptly update the email address listed in connection with your account to keep it accurate so that we can contact you, and (d) be fully responsible for all uses of your account. You must not set up an account on behalf of another individual or entity unless you are authorized to do so.
No Membership in PD: Creating a PD Services or using any of the related Websites, Materials or Services, including subscription members, does not and shall not be deemed to make you a member, shareholder, or affiliate of Pliable Dynamics for any purposes whatsoever, nor shall you have any of the rights of statutory members as defined in the General Laws of Missouri or any other law.
Termination: Pliable Dynamics reserves the right to modify or discontinue your account at any time for any reason or no reason at all.
You agree not to engage in any of the following activities:
By submitting your application to become a member of the PD, you acknowledge that you have read, understood, and, in the event, you are accepted for subscription, including the Code of Conduct and the policies referenced in the Master Terms.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PLIABLE DYNAMICS OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PLIABLE DYNAMICS DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY PD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLIABLE DYNAMICS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PLIABLE DYNAMICS BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN, AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISES IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF PLIABLE DYNAMICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PLIABLE DYNAMICS IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
To the extent authorized by law, you agree to indemnify and hold harmless Pliable Dynamics, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your failure to verify the copyright license, attribution, and other information associated with Content resulting from your use of PD, (c) your use of any of the Services, and/or (d) the Content you make available on any of the Services.
Pliable Dynamics is committed to responsibly handling the information and data we collect through our Services in compliance with our Privacy Policy, which is incorporated by reference into these Master Terms. Please review the Privacy Policy so you are aware of how we collect and use your personal information.
PD’s name, logos, icons, and other trademarks may only be used in accordance with our Trademark Policy, which is incorporated by reference into these Master Terms.
Other trademarks used on the site are the registered trademarks of their respective owners. Those marks are used for referential purposes only and are not intended to suggest or imply any affiliation with or endorsement by their respective owners.
Pliable Dynamics respects the copyright, and we prohibit users of the Services from submitting, uploading, posting, or otherwise transmitting any Content on the Services that violates another person’s proprietary rights.
To report allegedly infringing Content hosted on a website owned or controlled by PD, send a Notice of Infringing Materials as set out in PD’s Digital Millennium Copyright Act (“DMCA”) Notice & Takedown Procedure.
Please note that Pliable Dynamics does not host the Content made available through PD users or affiliate links. You should contact the website or service hosting the Content to have it removed. If you believe that your intellectual property rights have been violated by PD or by a third party who has uploaded materials to our website, please provide the relevant information to contact@pliabledynamics.com for review, correction, and or removal.
By Pliable Dynamics: Pliable Dynamics may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by Pliable Dynamics at any time and for any reason.
By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Services at any time.
Automatic upon breach: Your right to access and use the Services automatically upon your breach of any of the Terms. For the avoidance of doubt, termination of the Terms does not require you to remove or delete any reference to previously applied PD from your own Content.
Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. The license grants applicable to Your Content are not impacted by the termination of the Terms and shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations will survive for one year after termination.
The Terms are governed by and construed by the laws of the State of Missouri in the United States, not including its choice of law rules.
Dispute resolution: The parties agree that any disputes between Pliable Dynamics and you concerning these Terms, and/or any of the Services may only be brought in a federal or state court of competent jurisdiction sitting in Missouri, and you hereby consent to the personal jurisdiction and venue of such court.
No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.
Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Pliable Dynamics because of the Terms or from your use of any of the Services.
Integration: These Master Terms and any applicable Additional Terms constitute the entire agreement between you and Pliable Dynamics relating to this subject matter and supersede all prior communications and/or agreements between you and Pliable Dynamics relating to access and use of the Services.
For California users and residents: If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
To resolve a complaint regarding the website or to receive further information regarding the use of the website, please contact us at:
Ken at contact@pliabledynamics.com
JuCaZu LLC. Dba Pliable Dynamics, Chesterfield, MO United States