Fladlien and Associates

PRELIMINARY NOTES TO THE TERMS OF USE

This section of the Fladlien & Associates, LLC, web site contains two (2) sets of Terms of Use: the primary Terms of Use, which is the Terms of Use for Fladlien & Associates' web site, and the secondary Terms of Use, which is identical to the terms of use for the companion web site mclassyachts.com.

While in many ways identical, there are differences, and hence the reader should review both carefully. The reason that the two Terms of Use sections are different is that, due to the presence of the proposed New Universal Rule of Measurement on the mclassyachts.com web site, materials on the Fladlien & Associates, LLC web site which are also on the mclassyachts.com web site in the proposed New Universal Rule of Measurement, must be allowed to be used in the manner allowed on the mclassyachts.com web site.

Please note that drawings on the Fladlien & Associates, LLC, web site state which Terms apply specifically to that drawing.

Following are the official Terms of Use for each site. If these following Terms of Use are found in any way to conflict with the statements in these Preliminary Notes, then the actual following Terms of Use will prevail and will govern.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SITE OR BY VIEWING, DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THIS WEBSITE (the “Site”), YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS OF USE (“Terms”). IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, OR VIEW OR OTHERWISE USE ANY CONTENT.

THIS SITE INCLUDES DESIGNS, PLANS, FORMULAS, AND OTHER CONTENT THAT IS PROVIDED FOR GENERAL EDUCATIONAL AND STUDY PURPOSES ONLY AND MAY REQUIRE HIGHLY SPECIALIZED TRAINING TO UNDERSTAND. NONE OF THE DESIGNS, PLANS, FORMULAS, OR OTHER CONTENT MAY BE USED TO CONSTRUCT ANY OF THE BOATS OR OTHER ITEMS DEPICTED ON THIS SITE, OR BE USED AS THE BASIS OF A NEW DESIGN FOR A BOAT OR OTHER ITEM.

YOU ASSUME ALL RISK ASSOCIATED WITH YOUR REVIEW OR USE OF ANY DESIGNS, PLANS, FORMULAS OR OTHER CONTENT DISPLAYED OR ACCESSIBLE FROM THIS SITE INCLUDING, WITHOUT LIMITATION, RISK OF PERSONAL INJURY OR DEATH. FLADLIEN PROVIDES THE CONTENT AS IS. FLADLIEN MAKES NO REPRESENTATIONS OR WARRANTIES, AND SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO ANY CONTENT ON THIS SITE INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY, NONFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF CONDUCT.

These Terms were last updated on August 6, 2015.

1. Our Site.

The Site is operated by Fladlien & Associates, LLC, a California limited liability company (“Fladlien”), and any designs, plans, formulas, images, video, postings, text, information obtained from Fladlien’s licensors, or other material contained on the Site (“Content”) are for informational purposes only.

2. How You Can Use The Site.

2.1. What You Can Do.

Fladlien authorizes you to view a single copy of the Content on the Site solely for your personal, noncommercial use. You may also make one copy of any designs, graphics, or formula, for the general educational purpose of studying such items. You may not, however, build any items using such designs, graphics, or plans. Without limiting the generality of the foregoing, you may not scan any designs, graphics, or plans into any design or engineering software for any purpose whatsoever. Fladlien grants you no other rights, implied or otherwise, and reserves all rights not expressly granted under these Terms including, without limitation, any right to copy, distribute, or create derivative works of, any Content, or use any trademarks or service marks of Fladlien or any of its suppliers.

2.2. What You Can’t Do.

As a condition to using the Site, you may not do any of the following:

(a) duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit any of the Content;

(b) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software used to provide any part of the Site; or

(c) use intellectual property of Fladlien, or any other user’s Content, to adapt, modify or create derivative works based on such intellectual property or Content.

2.3. Security Circumvention.

You may not attempt to, or actually override or circumvent, any security component included in or underlying the Site. 3. Content.

3.1. Your Actions.

You agree to indemnify and hold Fladlien and its members, employees, agents, or representatives, harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your violation of these Terms or your conduct or activities on, through, or related to the Site including, without limitation, activity that occurs through or by use of the Site, or your use of any Content on this Site. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by Fladlien and its members, employees, agents, or representatives in connection with the matters described in this Section 3.1.

3.2. Trademarks

Fladlien’s trademarks, service marks, and logos (the “Fladlien Trademarks”) used and displayed on this Site are registered and unregistered trademarks or service marks of Fladlien. Other Fladlien products and service names located on the Site may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with Fladlien Trademarks, the “Trademarks”). Nothing on this Site or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without the prior written consent of Fladlien specific for each such use. Use of any Trademark as part of a link to or from any web site is prohibited without the prior written consent of the owner of the Trademark. All goodwill generated from the use of any Fladlien Trademark shall inure solely to Fladlien’s benefit.

3.3. Feedback.

Title to any feedback you provide concerning the Site shall remain with Fladlien at all times.

3.4. Third Party Content.

Fladlien and its users may include or automatically produce links to third party web sites (“Third Party Sites”). Fladlien is not responsible for, and does not endorse, any advertising, products, or other materials or content on or available from Third Party Sites. Fladlien may also include Content or items belonging to or originating from third parties (the “Third Party Materials”). If you decide to leave the Site and access the Third Party Sites or use or install any Third Party Materials, you do so at your own risk and you should be aware that these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering procedures, of any site to which you navigate from this Site.

3.5. Title to Content.

Title to Content provided by Fladlien on the Site or otherwise remains with Fladlien or its licensors.

3.6. Reservation of Rights.

All rights not expressly granted herein are reserved to Fladlien and its licensors, and no rights shall arise by implication, estoppel, or otherwise.

4. Disclaimer of Liability of Fladlien.

Except as specifically set forth in THESE TERMS, in no event shall FLADLIEN, its licensors, suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, OR DAMAGES ARISING OUT OF personal injury, death, lost profits, lost data or business interruption) resulting from OR ARISING OUT OF THE SITE, OR the use of or inability to use the Site or ANY Content ON THE SITE, whether based on warranty, contract, tort, or any other legal theory, and whether or not FLADLIEN is advised of the possibility of such damages. FLADLIEN’S aggregate liability to you for any and all claims shall be the lesser of actual damages incurred by you or $10.00.

Any claims arising in connection with your use of the Site, or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.

5. Miscellaneous.

5.1. Termination.

Your right to use the Site shall terminate automatically upon any violation by you of these Terms, or by any attempt by you to induce any other individual or entity to violate these Terms.

5.2. Entity Acceptance.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

5.3. Modification.

We may modify, replace, refuse access to, suspend or discontinue the Site, or change these Terms or any other terms concerning the Site at any time and from time to time. Any change will be effective ten (10) days after we post notice of the change at www.fladliendesign.com, or we otherwise notify you directly by electronic mail if you have provided your email address as part of your account. Any update to the Terms shall apply for all time periods after its effective date but shall not apply for any periods prior to that date. If you don’t agree to the changed Terms, you may not use this Site.

5.4. Compliance; Governing Law; Jurisdiction.

You will comply with all applicable laws when using or accessing the Site and nothing in these Terms shall prevent us from complying with the law. These Terms shall be interpreted in accordance with the laws of the United States of America, and the State of California without regard to its conflicts of laws rules or the United Nations Convention on the International Sale of Goods. You and Fladlien submit to the exclusive jurisdiction of the state courts located in Santa Clara County, California, USA, or the United States District Court, Northern District of California located in San Jose, California.

5.5. Other.

These Terms are the entire agreement between the parties regarding Fladlien, and supersedes any prior agreements. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. Any waiver of these Terms must be made in writing and signed by us and if Fladlien fails to enforce any of these Terms, it will not be considered a waiver. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. These Terms do not confer any third party beneficiary rights.

THIS SITE INCLUDES DESIGNS, PLANS, AND OTHER CONTENT THAT IS PROVIDED FOR GENERAL EDUCATIONAL AND STUDY PURPOSES ONLY AND MAY REQUIRE HIGHLY SPECIALIZED TRAINING TO UNDERSTAND. NONE OF THE DESIGNS, PLANS, OR OTHER CONTENT MAY BE USED TO CONSTRUCT ANY OF THE BOATS OR OTHER ITEMS DEPICTED ON THIS SITE, OR BE USED AS THE BASIS OF A NEW DESIGN FOR A BOAT OR OTHER ITEM.

These Terms were last updated on August 6, 2015.

1. Our Site.

The Site is operated by Fladlien & Associates, LLC, a California limited liability company (“Fladlien”), and any designs, plans, images, video, postings, text, information obtained from Fladlien’s licensors, or other material contained on the Site (“Content”) are for informational purposes only. The term content, however, does not include formulas including, without limitation, the formulas for the universal rule as described at http://mclassyachts/?p=rule.

2. How You Can Use The Site.

2.1. What You Can Do.

Fladlien authorizes you to view a single copy of the Content on the Site solely for your personal, noncommercial use. You may also make one copy of any designs or graphics for the general educational purpose of studying such items. You may not, however, build any items using such designs, graphics, or plans. Without limiting the generality of the foregoing, you may not scan any designs, graphics, or plans into any design or engineering software for any purpose whatsoever. Fladlien grants you no other rights, implied or otherwise, and reserves all rights not expressly granted under these Terms including, without limitation, any right to copy, distribute, or create derivative works of, any Content, or use any trademarks or service marks of Fladlien or any of its suppliers.

2.2. What You Can’t Do.

As a condition to using the Site, you may not do any of the following:

(a) duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit any of the Content;

(b) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software used to provide any part of the Site;

(c) use intellectual property of Fladlien, or any other user’s Content, to adapt, modify or create derivative works based on such intellectual property or Content; or

(d) deliver any uniform resource locater address for the Site except for www.mclassyachts.com.

2.3. Security Circumvention.

You may not attempt to, or actually override or circumvent, any security component included in or underlying the Site.

3. Content.

3.1. Your Actions.

3.2. Trademarks

3.3. Feedback

Title to any feedback you provide concerning the Site shall remain with Fladlien at all times.

3.4. Third Party Consent.

3.5. Title to Content.

Title to Content provided by Fladlien on the Site or otherwise remains with Fladlien or its licensors.

3.6. Reservation of Rights.

All rights not expressly granted herein are reserved to Fladlien and its licensors, and no rights shall arise by implication, estoppel, or otherwise.

4. Disclaimer of Liability of Fladlien.

5. Miscellaneous.

5.1. Termination.

Your right to use the Site shall terminate automatically upon any violation by you of these Terms, or by any attempt by you to induce any other individual or entity to violate these Terms.

5.2. Entity Acceptance.

5.3. Modification.

We may modify, replace, refuse access to, suspend or discontinue the Site, or change these Terms or any other terms concerning the Site at any time and from time to time. Any change will be effective ten (10) days after we post notice of the change at www.mclassyachts.com, or we otherwise notify you directly by electronic mail if you have provided your email address as part of your account. Any update to the Terms shall apply for all time periods after its effective date but shall not apply for any periods prior to that date. If you don’t agree to the changed Terms, you may not use this Site.

5.4. Compliance; Governing Law; Jurisdiction.

5.5. Other.