PLEASE READ THIS AGREEMENT. This agreement between You and PatternMaker Pro LLC, a Washington company (hereafter referred to as "Us" or "We"), sets forth our legal rights and responsibilities concerning payments, credits, changes, limitations of liability, and other important topics in regard to the software and associated functionality (hereafter referred to as "PMP"). This agreement is effective as of the date of your acceptance. Subject to the terms and conditions of this agreement, we grant you a personal, revocable, limited, non-exclusive, non-transferable license to access and use PMP. If you do not agree with these terms, you may not access PMP.
We grant you permission to use PMP as set forth in this agreement, provided that YOU MAY NOT:
PMP is licensed for single-user use by one specific individual. YOU MAY NOT share your license with others or permit others to use your credentials to acquire PMP.
Your license will continue indefinitely unless canceled expressly by us or by you. We can terminate your license as outlined below in the "Termination" section.
PMP is dynamic software that may be periodically updated. Existing content or functionality may be changed or deleted at our discretion. We make no guarantees that functionality that exists at this time will exist in the future.
We may delete your license and/or prohibit you from using or accessing PMP (or any portion, aspect, or feature thereof) for any reason, or no reason, at any time at our sole discretion, with or without notice. Notwithstanding any termination or expiration of your license or your ceasing to use PMP, your obligations hereunder shall survive indefinitely.
We reserve all rights to PMP. PMP is protected by copyright and intellectual property laws. The data you input into PMP is stored on your local computer and remains your property. We acquire no right, title, or interest from you to your data, including any intellectual property rights.
You may never use another's license with or without their express permission, and you may not provide another person with the credentials to access your license. The only exception to this rule is a parent or guardian who purchases a license on behalf of a minor child. When creating your license, you must provide accurate and complete information. You must keep your license secure. You must notify us immediately of any breach of security or unauthorized use of your license. Although we will not be liable for your losses caused by any unauthorized use of your license, you may be liable for our losses or those of others due to such unauthorized use.
It is your responsibility to keep the email address on your account up-to-date. This information will be used to contact you in the case of important notices.
PMP is provided "as-is" and to the maximum extent permitted by law, we disclaim all guarantees and warranties, whether express, implied, or statutory regarding PMP, its content, and related materials, including any warranty of fitness for a particular purpose. We do not warrant that PMP is free from bugs, interruptions, or errors. We do not warrant that PMP will meet your requirements. You assume full responsibility for the use of all functionality and for verifying the resulting calculations. We are not engaged in rendering legal, accounting, or other professional service. We expressly disclaim any representations or warranties that your use of PMP will satisfy any statutory or regulatory obligations, or will assist with, guarantee, or otherwise ensure compliance with any applicable laws or regulations.
Under no legal theory (including tort or contract) or otherwise will we be liable to you or any other person for any indirect, special, incidental, punitive, or consequential damages or for any damages relating to loss of business, computer failure or malfunction, the loss or corruption or theft of data, or loss of profits or investment.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the PMP website demo in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.
PMP is controlled and offered by us from our office in the United States of America. We make no guarantees that PMP is appropriate or available for use in other locations. Those who access or use PMP from other jurisdictions do so at their own volition and are responsible for compliance with local law.
When you purchase a license, your email address will be added to our system for the receipt of newsletters and other update information. You can opt out of these communications using the link provided in every email or by contacting us via the methods below. Your email account will not be sold or shared with any third party.
PMP facilitates the generation of patterns in image format (PNG), printed format (PDF), and vector format (SVG). You may use these patterns to create garments, either virtually or in the real world. These garments can be sold. There is no need to attribute PMP for any garments you create.
You may also sell the printed (PDF) patterns.
We will make commercially reasonable efforts to make the PMP website available 24 hours a day, 7 days a week, except for scheduled maintenance or unavailability caused by circumstances beyond our reasonable control, including without limitation, acts of Nature, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, labor problems other than our own employees, Internet Service Provider failures or delays, or denial of service attacks. We provide the service only in accordance with applicable laws and government regulations.
In no event shall either party have any liability to the other party for any lost profits or revenues or for any indirect, special, incidental, consequential, cover, or punitive damages, however caused, whether in contract, tort, or under any other theory of liability and whether or not the party has been advised of the possibility of such damages. This disclaimer shall not apply to the extent prohibited by applicable law.
You agree that disputes arising out of or related to this agreement will be arbitrated, as opposed to a court suit. This means that there will be no judge or jury and the rules are different. We both agree to the following: Any controversy or claim arising out of or relating to this agreement or a prior agreement for service or to any product or service provided under or in connection with this agreement or such a prior agreement will be settled by independent arbitration involving a neutral arbitrator and administered by the American Arbitration Association (AAA).
Even if applicable law permits class actions or class arbitration, you waive any right to pursue on a class basis any such controversy or claim against us, or any of our affiliates or predecessors in interest, and we waive any right to pursue on a class basis any such controversy or claim against you. If multiple claims are joined in one action, some of which would not be subject to arbitration, the latter claims must be dismissed, stayed, or severed. If claims are asserted against multiple parties, some of whom aren't required to arbitrate, the claims not subject to arbitration must be severed.
Procedurally, no arbitrator may order consolidation or class arbitration. In all arbitration, the arbitrator will decide whether an issue is arbitrable or not. In a complex case arbitration, the arbitrators must apply the rules of evidence that would apply had the arbitration been commenced in a court having jurisdiction in the place of the arbitration (this means a federal court, if a federal court would have had jurisdiction, and otherwise the appropriate state court). In a complex case arbitration, the losing party may have the award reviewed by a review panel of three arbitrators. If for some reason these arbitration requirements don't apply, you and we each waive, to the fullest extent allowed by law, any trial by jury. A judge will decide any dispute instead.
You affirm that you are 18 years of age or older and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this agreement, and to abide by and comply with this agreement.
If you are a parent or guardian 18 years of age or above and provide your consent and access for your child's use of PMP, you are agreeing to be bound by these terms and agree that you are responsible for all actions of your child.
If either of us waives any part of this agreement in one instance, that won’t be a waiver of any other provision or any other instance. We may assign all or part of this agreement without notice, and you agree to make all subsequent payments as instructed. (Assignment will release us from all liability for the rights or duties involved.) You cannot assign any part of this agreement or any of your rights or duties without our prior written approval.
All written notices are considered delivered to you when emailed to the address we have for you at the time, or to us when emailed to the address below. You represent that you have the legal capacity to agree to this agreement. If you’re ordering for a company, you are representing that you are authorized to bind the company, and where the context requires, “you” in this agreement will mean that company.
If any part of this agreement is held invalid, that won’t have any effect on any other part, unless your or our rights or duties are materially impaired. You cannot rely on any other document or statement by anybody, and you have no other rights with respect to service under this agreement, except as specifically provided by law or in this agreement. This agreement isn’t for the benefit of any third party except our affiliates and predecessors and successors in interest.
Email: info@patternmakerpro.com
Mail: 1673 S Market Blvd #10015, Chehalis WA 98532