Terms and Conditions

Effective April 30, 2020

  1. General. Pudgy Plane® (“we”, “our” or “us”) provides information found in this Web site (“Site”) for general informational purposes only.
  2. Rule of Conduct You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Site and/or any information available via this Site. In addition, your use of the Site is conditioned on your compliance with the following rules of conduct. You agree not to:
    1. Use the Site for any fraudulent or unlawful purpose.
    2. Impersonate any person or entity, including, but not limited to, any Site employee, agent, or representative; falsely state or otherwise misrepresent your identity or your affiliation with any person or entity; or express or imply that we endorse any statement you make.
    3. Interfere with or disrupt the operation of the Site.
    4. Transmit or otherwise make available in connection with the Site any spam, virus, worm, Trojan Horse, or other harmful code.
    5. Restrict or inhibit any other person from using the Site, including by means of hacking or defacing any portion of the Site.
    6. Interfere with or violate any other Site visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about Site visitors or users, or about Pudgy Plane®, its owners, directors, officers, agents, employees and representatives identified on the Site, without their express consent.
    7. Sell, resell, transfer, license, or exploit for any commercial purposes any use of or access to the Site or the information found on this Web site.
    8. Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site or Materials.
    9. Frame or mirror all or any part of the Site without our prior express written authorization.
  1. Pudgy Plane® Proprietary Rights. You acknowledge and agree that the Site and the information found on this Web site are and shall remain the property of Pudgy Plane® and/or its licensors, and are protected by copyright, trademark, and/or other proprietary rights and laws. Except as expressly authorized in advance by Pudgy Plane®, you agree not to copy, distribute, transmit, display, perform or create derivative works of the Site or any of the information found on this Web site, provided that, subject to your compliance with this Agreement, Pudgy Plane® does grant to you a limited, personal, revocable, non-transferable and non-sublicensable license to (a) access the Site and the information found on this Web site via the Internet solely for purposes of viewing such materials and (b) to print out pages of this Site for your personal, non-commercial use. Trade names, trademarks, and service marks of Pudgy Plane® or its affiliates include, without limitation, Pudgy Plane®, pudgyplane.com and any associated logos. All trade names, trademarks and service marks on the Site that are not owned by Pudgy Plane® or its affiliates are the property of their respective owners. The trade names, trademarks, and service marks owned by Pudgy Plane® or its affiliates, whether registered or unregistered, may not be used in connection with any product or service that is not either ours or one of our affiliate's product or service, or in any other manner that is likely to cause confusion or dilution. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any of Pudgy Plane®,s (or its affiliate’s) trade names, trademarks, or service marks without our (or the relevant affiliate’s) prior express written permission.
  2. Limitation of Liability and Disclaimer of Warranties. THE SITE AND THE INFORMATION FOUND ON THIS WEB SITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. PUDGY PLANE®, ITS AFFILIATES AND ITS SUPPLIERS DO NOT MAKE ANY, AND HEREBY DISCLAIM ALL, WARRANTIES THAT MIGHT ARISE FROM YOUR USE OR RELIANCE ON THE SITE (INCLUDING ANY LINKS TO OTHER WEBSITES THAT ARE CONTAINED WITHIN THE SITE) AND THE INFORMATION FOUND ON THIS WEB SITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. PUDGY PLANE®, ITS AFFILIATES AND ITS SUPPLIERS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF TGT, ITS AFFILIATES AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE INFORMATION FOUND ON THIS WEB SITE IS TO STOP USING THE SITE OR THE INFORMATION FOUND ON THIS WEB SITE.
  3. Indemnity. You agree to defend, indemnify and hold harmless Pudgy Plane®, its affiliates and its suppliers, and each of their respective partners, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys fees) arising out of: (a) your activities in connection with the Site; (b) any violation of this Agreement by you; (c) any improper or unauthorized use of the information found on this Web site by you; or (d) any allegation that anything you transmit through or in connection with the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.
  4. Jurisdictional Issues. The Site is controlled and operated by Pudgy Plane® from its principal office in Wilson, Wyoming U.S.A., and is not intended to subject Pudgy Plane® to the laws or jurisdiction of any state, country, or territory other than that of Wyoming and of the United States of America. Pudgy Plane® does not represent or warrant that the Site or the information found on this Web site, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site or Materials do so on their own initiative and at their own risk, and are responsible for complying with local laws. We may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. You agree not to transport, import, export or re-export all or any part of the information found on this Web site to (or to a national or resident of), or to use all or any part of the information found on this Web site from (as applicable): (a) Balkans, Burma (Myanmar), Cuba, Iran, Liberia, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (b) any person or entity on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, and you represent, warrant, and covenant to us that you are not located in or under the control of any such country or on any such list.
  5. Communications. Unless, Pudgy Plane® expressly acknowledges in writing prior to receiving any communication, all communications made under this Site should be presumed by you to be non-confidential. You acknowledge and understand that you have no expectation of privacy in any such communication and that no confidential, fiduciary, contractually-implied or other relationship is created or implied between Pudgy Plane® and you by reason of such communication. If a particular page of this Site permits the transmission of communications that Pudgy Plane® intends to treat as confidential, that fact will be stated in an appropriate legal notice presented on such page.
  6. License to Communications. By communicating with or through the Site, you automatically grant Pudgy Plane® a royalty-free, perpetual, irrevocable, non-terminable, nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, exploit and display any and all communications, whether transmitted to or through the Site, alone or as part of other works in any form, media or technology, whether now know or later developed, and to sublicense such rights through multiple tiers of sublicenses.
  7. Third Party Links. This Site may contain links to third party sites and is provided for convenience only and does not constitute an endorsement of such site or the content found thereon. The inclusion of such link on this Site does not imply that Pudgy Plane® is affiliated with or authorized to use such site.  You should use such site at your own risk without any representation or warranty from Pudgy Plane®.  Pudgy Plane® has no control over and is not responsible in any way for the content of third party linked sites and makes no warranty, representation, or guarantee regarding such site, the use thereof, or the content thereon.
  8. Governing Law and Forum. This Agreement is governed by and shall be construed in accordance with the laws of the State of Wyoming, United States of America, without regards to its principles of conflicts of law. In the event of a dispute arising under or relating to this Agreement, the Site or the information found on this Web site, you agree to the exclusive jurisdiction of the federal and state courts located in the State of Wyoming, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
  9. Termination. Pudgy Plane® may terminate your access to the Site in its sole judgment and discretion for any reason. The termination of your access to the Site in no way limits any other remedies or causes of action Pudgy Plane® may have against you for actions in breach of or contrary to the terms of this Agreement.
  10. Miscellaneous. If any provision of this Agreement is found for any reason to be unlawful, void, or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. A party's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This, together with any of our policies referred to herein, is the entire Agreement between you and us relating to your use of the Site or the information found on this Web site, and supersedes any and all prior or contemporaneous written or oral Agreements between you and us regarding the same subject matter (except other written, fully-executed contracts between you and us, including but not limited to click-wrap agreements or any other). Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of this Agreement. This Agreement is not assignable, transferable or sublicensable by you except with our prior written consent. Pudgy Plane® shall not be liable for any failure to perform due to causes beyond its reasonable control. No promise, representation, warranty, or covenant not included in this Agreement may be relied upon by you.  This Agreement shall not create any rights in or inure to the benefit of any third party.  If you use this Site as an employee of a company, you represent that you are able to bind your employer to the terms of this Agreement and such use shall constitute such a binding agreement and representation.  A breach of this Agreement entitles Pudgy Plane® to attorneys’ fees and reasonable costs to enforce the terms of this Agreement.  All rights not expressly granted by Pudgy Plane® herein, are hereby reserved.
  11. Information. For any questions about our website, please contact captain@pudgyplane.com