Agreement between Purchaser and Perigean Technologies
Intellectual Property
All content included as part of The Plot Thinkens, such as text, graphics, logos, images, as well as the compilation thereof, and any derivations thereof, is the property of Perigean Technologies and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
Indemnification
Purchaser and any other person who uses The Plot Thinkens purchased by Purchaser, agrees to indemnify, defend and hold harmless Perigean Technologies, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use The Plot Thinkens, any actions taken as a direct or indirect result of using The Plot Thinkens, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Perigean Technologies reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Perigean Technologies in asserting any available defenses.
International Use
The Plot Thinkens is provided from our offices within the USA. If you use The Plot Thinkens from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use The Plot Thinkens in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Perigean Technologies agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE PLOT THINKENS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE PLOT THINKENS. PERIGEAN TECHNOLOGIES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN TO THE PLOT THINKENS AT ANY TIME. ANY SUCH CHANGES WILL NOT BE RETROACTIVELY APPLIED TO PREVIOUSLY PURCHASED UNITS.
Data Collection
Perigean Technologies collects the following data to process purchases using third-party data processing companies (Woocommerce/Stripe):
-Name
-Email
-Shipping/Billing Address
-Telephone Number
-Credit Card.
Perigean Technologies does not share any data collected from Purchasers with any third party. Perigean Technologies reserves the right to present marketing materials related to Perigean Technologies and its Services and Products to any Purchaser using information collected from Purchaser. Perigean Technologies reserves the right to solicit and make use of in any manner any commentary about The Plot Thinkens provided by Purchaser. Such commentary may be attributed to Purchaser.
Refunds
Refund of the unit cost (not including S&H) will only be provided for unwrapped product returned at the expense of the Purchaser within 60 days of purchase to: Perigean Technologies, 8108 Lee Jackson Circle, Spotsylvania, VA 22553. Include purchase receipt.
Damage Upon Delivery
If product arrives damaged, email tpt@perigeantechnologies.com, subject line: Damaged TPT, and include a picture of the wrapped, damaged product and your name, email, and telephone number. Significantly damaged units will be replaced at the discretion of Perigean Technologies.
Contact Us
Perigean Technologies welcomes your questions or comments regarding the Terms and The Plot Thinkens:
Email Address: tpt@perigeantechnologies.com
Effective as of April 1, 2024
