Terms and Conditions
Plan My Affairs, LLC, a Colorado limited liability company (also referred to as “we”, “us”, “our” or the “Company”) has developed the planmyaffairs.com website (the “Website”).
The Website provides a means of accessing our subscription based service which allows the subscriber to enter, organize and store information regarding the subscriber’s personal and financial affairs (the “Services”). The Company is not responsible for third parties, including but not limited to any party whose identifying information is included on the Website or through which you accessed the Website (collectively, “Third Parties”) and you hereby release the Company from all liability in connection with Third Party websites. If you are concerned that content posted on a Third Party website might be infringing your copyrighted materials, please see our notice and takedown procedure below.
Please read this agreement (“Agreement”) carefully before using the Website. By accessing or using our Website, you agree to be bound by this Agreement and all of its terms without change. This agreement is between the Company and you, the user.
Neither the Company nor its representatives are engaged in rendering legal services or other such advice. Your use of the Website is subject to the additional disclaimers and notices that may appear throughout the Website.
We are not providing investment advice through the Website, and the material on the Website should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of the Company, Third Parties, or their affiliates.
Personal and Noncommercial Use Limitation: Prohibited Uses
We grant you access to the Website during the term of this Agreement solely to receive the Services. You may not license, copy, distribute, create derivative works from, frame in another Web page, use on any other website, or sell any information, databases, or lists obtained from the Website. You may not screen scrape, bulk download, or otherwise access or use the Services through any means other than a standard internet browser. When we request, you agree to provide true, accurate, and complete user information. You will not access or attempt to access password protected, secure, or non-public areas of the Website without our prior written permission. You will comply with all privacy laws.
Except for access that you may grant to individuals with whom you wish to share your Subscriber Information such as family members, advisors, friends, trusted associates and the like (each a “Designee”), your subscription and your Profile may not be assigned to or used by any other party. You understand and agree that your Designees may only view and/or print (to a printer or .pdf file) certain of your Subscriber Information and will not have the ability to edit or input such information on your behalf.
Except for information that you may enter into your Profile after becoming a subscriber (your “Subscriber Information”), all materials on the Website (as well as the organization and layout of the Website) are owned and copyrighted, licensed by, or used with permission that is granted to the Company. No reproduction, distribution, or transmission of the copyrighted materials at the Website is permitted without the prior written permission of the Company.
As stated in the instructions for use of the Services, you should not enter confidential and sensitive information regarding your personal and financial affairs into your Profile. Some examples of such information include your social security number, date and place of birth, family names, medical records, financial and employment history, account numbers, passwords and legal documents (“Prohibited Information”). The Company is not responsible for the safety and security of any information in your Profile and including Prohibited Information in your Profile can result in significant harm to you. If you enter Prohibited Information into your Profile you hereby agree to indemnify, defend and hold the Company harmless from any claims or damages resulting from the inadvertent disclosure of such information through the Website.
If you chose to subscribe to the Services, you must complete the registration form. After registration, we will provide you with a user password via the valid email account included by you on the registration form which will give you access to your personal profile where you can enter Subscriber Information (your “Profile”). If you use the Website, you are responsible for maintaining the confidentiality of your Profile and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Profile or password. If your status as a user of the Website is terminated, you will (i) stop using the Website and any information obtained from the Website, and (ii) destroy all copies of your password and any information obtained from the Website (other than your Subscriber Information).
Payment for subscription fees shall be by credit or debit card only. Click here for a link to our payment terms [INSERT LINK TO PAYMENT PORTAL TERMS]. Questions and inquiries regarding your payments can be directed to the Company at [email protected] Subscription fees are due on a periodic basis based on the payment plan selected by you at the time of your original subscription. You will receive an email notification reminder prior to the date such fees are due. Subscription fees will be automatically charged to the credit or debit card on file on the date due. You are responsible to ensure that such payment information is kept current.
If payment is not received on the date due, you will receive email notification and access to your Profile will be denied until payment is made (a “Suspension”). The Subscriber Information in your Profile will be retained by the Company for a period of not less than three (3) years from the date of Suspension, at which time the Subscriber Information may be deleted.
Termination of Services
You have the right, at any time, to terminate your subscription. Click here for a link to the termination provisions of the Website. Note, however, that once paid, subscription fees are non-refundable.
The Company has the right to terminate your subscription, at any time, for failure to comply with the terms of this Agreement. Upon termination by the Company and upon your request, the Company will provide you with a copy (in hard copy or .pdf file) of the Subscriber Information in your Profile and such information will be retained by the Company for a period of not less than three (3) years from the date of termination by the Company, at which time the Subscriber Information may be deleted.
You have the option, prior to termination of your subscription to print (to a printer or .pdf file) and then delete all Subscriber Information in your Profile. Click here for a link to the provisions of the Website regarding printing and deleting Subscriber Information. If you do not delete the Subscriber Information in your Profile prior to termination of your subscription, such Subscriber Information will be retained by the Company for a period of not less than three (3) years from the date of termination, at which time the Subscriber Information may be deleted.
You agree that you will not disclose Confidential Information to any person or entity outside of your organization. You will not use or permit the use of any Confidential Information except as necessary in connection with the services. You will use at least the same degree of care in safeguarding the Confidential Information as you use in safeguarding your own confidential information, but in no event will you use less than due diligence and care. “Confidential Information” means all information or material which: (i) is obtained from password protected portions of the Website or (ii) which is (A) marked “Confidential,” “Restricted,” or other similar marking, (B) known by the parties to be considered confidential, or (C) which should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment.
No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to the Company that you will not use the Website for any purpose that is against the law or prohibited by these terms. If you violate any of these terms, your permission to use the Website automatically ends.
You may not without our prior written permission use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data, or content found on the Website or accessed through the Website. You may not republish the Company content or other content from the Website on another website or use in-line or other linking to display such content without our permission. You may not introduce viruses, spyware, or other malicious code to the Website. You represent and warrant that you use frequently updated, commercially standard virus protection software to ensure that the system you use to access our Website is virus free. In addition, you agree not to:
- Use or access the Website in a manner that could damage, disable, overburden, or impair the Company’s servers or the networks connected to any of the Company’s servers;
- Make any non-fair use of the trademarks, logos, symbols, or any other mark, device, or commercial identifier of the Company or its licensors without the express written consent of the Company;
- Interfere with any third party’s use and enjoyment of the Website;
- Attempt to gain unauthorized access to the Website, , accounts, computer systems, or networks connected to any Company server through hacking, password mining, or any other means;
- Sublicense any license granted in or to materials on the Website under these Terms (whether or not any of such acts are for commercial gain or advantage); or
- Reverse engineer, decompile, modify, or create derivative works from any software accessible by or on the Website unless specifically authorized by the owner of the software.
If you are under the age of 18, you may not use the Website.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. The Company EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR ENTERED INTO THE WEBSITE (INCLUDING BUT NOT LIMITED TO SUBSCRIBER INFORMATION) IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OR INPUT OF ANY SUCH MATERIAL.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT The Company SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES; (ii) THE COST OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THAT ARE FACILITATED BY OR RELATED TO YOUR USE OF THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICES. IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR THE SUBJECT SERVICES OR $1000, WHICHEVER IS GREATER.
You agree to indemnify, defend and hold the Company and its directors, officers, agents, employees, suppliers, vendors, and service providers harmless from any claims, liability, and expenses, including reasonable legal fees, whether in tort or in contract, that it or any of them may incur by reason of or arising out of any claims, including claims for copyright infringement, defamation, invasion of privacy, or infringement of rights of publicity arising out of your use or the use by any of your Designees of the Website or the Services and any Subscriber Information contained in your Profile.
Links to Third Party Sites
Use of Submissions
Should you respond with information including feedback or data such as questions, comments, suggestions, or the like regarding the content of the Website, such information will be deemed to be non-confidential. We will have no obligation of any kind with respect to such information and will be free to reproduce, use, disclose, and distribute the information to others without limitation. We will be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, without compensation to you, including but not limited to developing, manufacturing, and marketing products incorporating such information.
Changes to Website
We may make improvements or changes in the information, services, products, and other materials on the Website, or terminate the Website at any time. We may modify this Agreement at any time, and such modifications will be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review this Agreement periodically, and your continued access or use of the Website will be deemed your acceptance of the modified Agreement.
You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the Website or the services provided on the Website will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy) (the “Rules”); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration will be held at the AAA regional office nearest you; (4) The arbitrator’s decision will be controlled by the terms and conditions of this Agreement; (5) The arbitrator will apply Colorado law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator will not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the rules exceed $125, and you are unable to pay the additional fees and deposits, the Company retains the right to forward them to AAA on the your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Company retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.
The above Arbitration Provision does not prohibit the filing of the following: claims by the Company for declaratory or injunctive and/or other provisional or equitable relief for alleged breach(es) of the restrictions of this Agreement and/or unauthorized disclosure of trade secrets or confidential information.
Infringement Claims/Copyright Agent
If you believe that any material contained on the Website infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. We will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to the Website’s Designated Agent who is:
By mail: DMCA Copyright Agent
c/o Plan My Affairs, LLC
5088 South Allison Way
Littleton, CO 80123
By phone: 303-888-8540
By email: [email protected]
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Emails sent to [email protected] for purposes other than communication about copyright claims may not be acknowledged or responded to.
We will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact the Company and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
Waiver, Severability & Assignment
Our failure to enforce any part of this Agreement is not a waiver of our rights to enforce any part of this Agreement. If any part of this Agreement is found to be unenforceable, the remaining parts of this Agreement remain enforceable. We may assign our rights to our affiliates, subsidiaries or any successors.
We are not responsible or liable for inadequate performance resulting from condition(s) beyond our reasonable control. Examples are terrorism, acts of war, internet disturbances, natural disasters, riots, labor disturbances, governmental actions, etc.
This agreement is the entire agreement regarding the use of the Website and the provision of the Services. This Agreement replaces all past agreements regarding the use of the Website and the provision of the Services. There shall be no Third Party beneficiaries to this Agreement, including but not limited to an Designee.
The Website is intended to and directed to residents of the United States and all information contained in the Website is valid only in the United States. This Agreement and the resolution of any dispute related to this Agreement, the Website will be governed by and construed in accordance with the laws of Colorado, without giving effect to any principles of conflicts of law. Failure by the Company to insist upon strict enforcement of any provision of this Agreement will not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any of these terms will be deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term.
“PLAN MY AFFAIRS” is a trademark of the Company. Other trademarks, services marks, logos, designs, and trade dress designated on the Website are the property of the Company. You agree not to display or use, in any manner, these trademarks without our permission. The material contained on the Website (other than Subscriber Information), including all portions of the Website, content, site design, text, graphics, illustrations and artwork, video, music and sound, software, photographs, and the compilation (including the collection, selection, assembly, and arrangement) of such material are the exclusive property of the Company or its licensors or suppliers, and are protected by copyright, trademark and other laws in the U.S. and other countries.
All other trademarks are the property of their respective owners.
© Copyright 2016, Plan My Affairs, LLC. All rights reserved.
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