Updated March 1, 2014.
1. ACCEPTANCE OF TERMS
This “Site” (as defined below) is owned and operated by The Planners Network. (www.planner.net, planner.net, “The Planners Network, “us” or “we”) These terms of service (the “Terms of Service”, “TOS” or “Agreement”) set forth the legal terms and conditions governing your use of our website located at www.planner.net and any other online and mobile websites and interactive applications operated by The Planners Network that are related to www.planner.net (collectively, the “Site”), unless a different policy is provided on a particular site, application or service.
Your use of the Site confirms your agreement to be bound by these Terms of Service, and is subject to your continued compliance with these Terms of Service. If you do not agree to be bound by these Terms of Service, you may not access or otherwise use the Site.
The Planners Network reserves the right, from time to time, in its sole discretion, to change, modify, update, discontinue, remove, revise, delete or otherwise change any portion of the Site or this TOS, in whole or in part, at any time without further notice. For changes to these TOS that we deem material, we will place a notice on the The Planners Network website located at www.planner.net by revising the link on the homepage to read substantially as “Updated Terms of Service” for a reasonable time. By accessing or using the Site after the TOS have been changed, you consent and agreed to the revised TOC. The most current version of these TOS will be available on the site and will supersede all previous versions of these TOS.
2. DESCRIPTION OF SERVICE
The Planners Network provides a full copy of the current planner.net site and special content features.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new content shall be subject to these TOS. You understand and agree that the Service is provided "AS-IS" and that The Planners Network assumes no responsibility for the timeliness or availability of the Service, nor for deletion or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service by joining through The Planners Network's registration system or through standard, free access. You understand and agree that access may involve third party fees (such as Internet service provider or airtime charges), and that you are responsible for those fees. In addition, you understand that agree that you must provide and are responsible for all equipment necessary to access the Service.
3. MODIFICATIONS TO SERVICE
4. REGISTRATION AND ACCOUNT CREATION
As part of the registration and account creation process required to obtain access to The Planners Network's services, you will select a member ID (username) and a password. You will provide The Planners Network with certain registration information, all of which must be accurate and updated (if any of your registration information changes, you can update it by visiting our Edit Account page). You will be solely responsible for maintaining the confidentiality of your password. You are also solely responsible for all usage of your The Planners Network account including, but not limited to, use of the account by any person authorized by you to use your member ID and password. You agree that you will not provide any false personal information to the Site, or create an account for anyone other than yourself without permission. You will also agree not to create more than one personal profile. We reserve the right to remove or alter the public username associated with your if we believe it appropriate (e.g., if a trademark owner complains about it). The Planners Network may, in its sole discretion, at any time, with or without notice, terminate your password and membership, for any reason. If we disable your account, you agree that you will not create another one without our permission.
5. NON-TRANSFERABILITY OF MEMBERSHIP
Your right to use this site is personal to you and you may not sub-license, transfer, sell or assign this agreement to any third party without our approval. Any attempt to do so will be void and may result in the cancellation of your account.
6. SPONSORS, THIRD PARTIES AND ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that The Planners Network shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service.
7. OTHER SITES AND SERVICES
The Site may contain links to third party websites or resources, which may or may not be obvious (“Third Party Sites”) as well as advertisements, software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information, and other content originating from third parties (collectively, “Third Party Applications, Software or Content”). Our provision of links to Third Party Sites is not an endorsement of any information, product or service that is offered on or through any Third Party Site or Third Party Application, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for the content or performance of any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. If you leave the Site and access any Third Party Sites, or if you use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES OR THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
8. POSTS AND SUBMISSIONS
The Planners Network is pleased to hear from you and welcomes your comments regarding our site. However, The Planners Network does not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. This policy is designed to avoid the possibility of misunderstandings when projects developed by The Planners Network’s or its affiliates' professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us any original creative materials such as articles, photographs, video, drawings, original artwork, or concepts for which you expect to be compensated or that you would like to keep private, unless you have contacted us in advance and have been asked in writing to submit such material. Any materials that you submit to The Planners Network without a prior written request from an editor of The Planners Network may be used by The Planners Network in any manner consistent with the license granted below, and without compensation.
You understand and agree that any material that you post or submit using the features or services of the Site, or that you submit directly without a prior written request from an editor at The Planners Network, including posts, articles, photographs, video, drawings, creative suggestions, ideas, notes, concepts, or other materials (“Submissions”) will be non-confidential and non-proprietary. No Submission will be subject to any obligation of confidence on the part of The Planners Network, and The Planners Network shall not be liable for any use or disclosure of any Submissions. Any Submission may be used by The Planners Network without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby waive and release any claim that The Planners Network’s use of a Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas. Please understand that Submissions may not be acknowledged or returned.
By posting or otherwise providing a Submission, you grant The Planners Network the right to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, exploit, distribute and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation. The Planners Network will generally attribute Submissions to their authors, but you understand and agree that it is not obligated to do so, and you release and waive any right to have Submissions attributed to you. You also understand and agree that The Planners Network has no obligation to publish or use any Submission in any way, and that The Planners Network may remove or revised any Submission that has been posted, published, or distributed on or through the Site in its sole discretion.
By providing a Submission, you represent and warrant that your Submission is original to you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity or privacy. You also represent and warrant that your Submissions do not include nudity, partial nudity, or adult content, and are not obscene, defamatory, graphically violent, physically threatening, or intended for any illegal purpose.
You acknowledge and agree that your relationship with The Planners Network is not a confidential, fiduciary, or other special relationship. You also acknowledge and agree that, with respect to any claim you may have arising out of or relating to The Planners Network’s actual or alleged use of any Submission, you will not be entitled to in any way enjoin the use of the Submission or the operation of any The Planners Network platform, product or service, and your rights and remedies will be strictly limited to the right to recover damages, if any, in an action at law.
9. APPROPRIATE USE
In exchange for the right to access and use the Site as set forth in these TOS, you agree as follows:
- You will access and use the Site solely for your own personal, noncommercial use;
- You will not use the Site in any illegal manner or for any illegal purpose, in any other manner that could damage, disable, overburden, or impair the Site, or in any manner inconsistent with these TOS;
- You will not defeat or interfere with any security feature of the Site, or attempt to do so;
- You will not alter or modify any content or component of the Site, other than content you have submitted to or posted on the Site;
- You will not reproduce, duplicate, copy, sell, trade, resell, or exploit, for any commercial purpose, any content, component, or feature of the Site without the prior written permission of the Foundation, except for content you have submitted to or posted on the Site, or content which you have the prior written permission of the owner to use;
- You will not use the Site to post, transmit, or share material that you did not create or that you do not have permission to post, transmit, or share;
- You will not use any automated system, software, or device to generate and send unsolicited communications to or through the Site;
- You will not collect or harvest any personally identifiable information, including without limitation account names or email addresses, from the Site, nor use the communication systems provided by the Site for purposes of sending any commercial solicitation;
- You will not upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code designed to interfere with the functionality of or obtain any nonpublic information from any computer software or hardware or telecommunications equipment;
- You will not use the Site to post, transmit, or share child pornography, and you understand that any use of the Site to publish or transmit child pornography will be reported to law enforcement authorities, together with any identifying information The Planners Network may have regarding you, and will result in termination of your account;
- You will not use the Site to post, transmit, or share material that is obscene, defamatory, or invasive of the privacy of another person, graphically violent, physically threatening, or intended for any illegal purpose;
- You will not use the Site to promote any product or service on behalf of any person or entity that sells, provides, or offers the product or service; and
- You will not harass or intimidate any other user of the Site.
10. DISCLAIMER OF WARRANTIES
The Planners Network makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Site. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by The Planners Network.
The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. The Planners Network assumes no responsibility for any delays, interruptions, errors, defects, omissions, or deletions, related to the communications line failure, operation or transmission, or alteration of, or theft or destruction or unauthorized access to, user communications. The Planners Network is not responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or in connection with the Site, including injury or damage to a user’s or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Site.
You understand that The Planners Network does not promise that any Submission will be maintained by The Planners Network. You are solely responsible for creating backup copies of and replacing any Submission. You agree that The Planners Network has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Submission. The Planners Network retains the right to create limits on use and storage at its sole discretion, at any time, with or without notice.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE PLANNERS NETWORK 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.
- The Planners Network MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AND USE AT YOUR OWN DISC RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PLANNERS NETWORK OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
- THIS WEB SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY TEH PLANNERS NETWORK OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING THE MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT.
11. LIMITATION OF LIABILITY
YOU AGREE THAT, TO THE GREATEST EXTENT PERMISSIBLE BY LAW, THE PLANNERS NETWORK AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) WILL NOT BE LIABLE FOR LOST PROFITS OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEB SITE OR THE PURCHASE OF SERVICES THROUGH THIS WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THAT SUCH DAMAGE WILL OCCUR. FURTHER YOU AGREE THAT NEITHER WE NOR ANY OF OUR SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, AFFILIATES OR EMPLOYEES OF THE FOREGOING WILL BE LIABLE FOR ANY TECHNICAL, HARDWARE OR SOFTWARE FAILURE OF ANY KIND, ANY INTERRUPTION IN THE AVAILABILITY OF OUR SITE, ANY DELAY IN OPERATION OR TRANSMISSION, ANY INCOMPLETE OR GARBLED TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, OR OTHER SIMILAR LOSS.
YOU AGREE THAT OUR LIABILITY TO YOU IN ANY CASE (WHETHER IN CONTRACT OR TORT) WILL NOT EXCEED AMOUNTS PAID TO US (IF ANY) FOR THE SERVICES OUT OF WHICH THE LIABILITY AROSE. TO THE EXTENT WE MAY HAVE BREACHED ANY TERM OF THIS AGREEMENT, YOU AGREE THAT YOUR ONLY OTHER REMEDY IS TO DISCONTINUE USE OF THIS WEB SITE.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
If you are a California resident, you waive any and all rights you have or may have under California Civil Code Section 1542, and any similar provision of law, with respect to the Released Matters. You acknowledge that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend to release fully, finally and forever all Released Matters. You agree that the releases set forth in the TOS will remain in effect notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto.
12. RESTRICTIONS ON EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. INTELLECTUAL PROPERTY INFORMATION
All materials on this site ("Online Materials"), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by The Planners Network or by other parties that have licensed their material to The Planners Network. Except as specifically provided herein, no Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. You may not add, delete, or otherwise modify the content on this Site, other than your own Submissions. Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize this site for other than its intended purposes is prohibited.
The Planners Network, planner.net, and The Planners Network logos and product and service names are trademarks of The Planners Network. All other trademarks appearing on the Site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. The Planners Network is a news and information site and references to other names and trademarks are necessary in the course of providing news and commentary about the subjects that this site covers. The Planners Network will enforce its intellectual property rights to the fullest extent of the law.
The failure of The Planners Network to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. 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 Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
BY USING THE SITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO: (i) YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; (ii) YOUR VIOLATION OF THESE TERMS OF SERVICE OR ANY LAW; (iii) YOUR USE OF THIS SITE IN VIOLATION OF THESE TERMS OF SERVICE; (iv) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; AND (v) ANY MISREPRESENTATION MADE BY YOU. YOU WILL COOPERATE AS REASONABLY REQUIRED IN THE RELEASED PARTIES’ DEFENSE OF ANY CLAIM. THE RELEASED PARTIES RESERVE THE RIGHT, AT THEIR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN ANY EVENT YOU MAY NOT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF THE PLANNERS NETWORK .
16. NON-UNITED STATES RESIDENTS
The Planners Network operates the Site in the United States. The Planners Network makes no representation that the Site is appropriate or available for use in locations other than the United States. If you access the Site from locations outside of the U.S. you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
17. REFUSAL OR DISCONTINUANCE OF SERVICE
You understand and agree that The Planners Network may, in its sole discretion and at any time, for any reason, terminate your password, account or use of the Site, or prohibit you from accessing the Site, in whole or in part. You understand and agree that The Planners Network may take any one or more of these actions without prior notice to you. Should The Planners Network take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your account. Any violation of this Agreement may result in restrictions on your access to all or part of the Site and may be referred to law enforcement authorities.
18. CHOICE OF LAW AND FORUM
This Agreement, including all revisions and amendments thereto, and any disputes arising from or relating to this Agreement or your use of the Site, are governed by the laws of the State of Colorado, without regard to any conflict or choice of law principles that would require application of the laws of another jurisdiction. The exclusive forum and venue for any action, including any small claims court action, arising from or relating to this Agreement or your use of the Site and not subject to arbitration as provided below, will be the state or federal courts located in Denver, Colorado.
19. NO WAIVER
No modification or amendment to nor waiver of any part of this Agreement shall be of any force or effect unless formally posted by The Planners Network as part of these TOS, or made in writing and signed by a duly authorized officer of The Planners Network.
If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.
21. ENTIRE AGREEMENT
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS