Plan Genius Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

Overview

Welcome to this website (this “Site”), which is owned and operated by Plan Genius, LLC, a Virginia corporation (“Plan Genius”). Your access to, and use of, this Site and the products and services (collectively, the “Services”) found at this Site is subject to the following terms and conditions of use ("Terms of Use").

Whether you are simply browsing this Site or are a registered user or customer of this Site (collectively, "User"), your use of this Site signifies that you have read, understand, acknowledge and agree to be bound by these Terms of Use, posted corporate policies (namely the “Privacy Policy”), and other applicable laws.

The terms “we”, “us” or “our” shall refer to Plan Genius. The terms “you”, “your” or “User” shall refer to any individual or entity who accepts these Terms of Use by using this Site or the Services found at this Site. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

Plan Genius may, in its sole and absolute discretion, change or modify these Terms of Use, and the corporate policies which are incorporated herein, at any time and such changes or modifications shall be effective immediately upon the earlier of (i) our email notification to you advising you of such changes or modifications or (ii) your use of this Site after such changes or modifications have been posted to this Site as indicated by the “Last Revised” date at the bottom of this page. Your continued use of this Site after such revision date constitutes your acceptance of these Terms of Use. If you do not agree to be bound by these Terms of Use, do not use or access (or continue to use or access) this site.

Eligibility and Legal Authority

This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.

If you are agreeing to these Terms of Use on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms of Use, in which case the terms "you", "your" or “User” shall refer to such corporate entity. If, after your agreement to these Terms of Use, Plan Genius finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these Terms of Use. Plan Genius shall not be liable for any loss or damage resulting from Plan Genius’ reliance on any instruction, notice, document or communication reasonably believed by Plan Genius to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Plan Genius reserves the right (but undertakes no duty) to require additional authentication from you.

Account Accuracy

In order to access some of the features of this Site or use some of the Services found at this Site, you will have to create an account (an “Account”). You represent and warrant to Plan Genius that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Plan Genius has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Plan Genius reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, payment method(s), etc. For security purposes, Plan Genius recommends that you change your password at least once every six (6) months for each Account you have with Plan Genius. You must notify Plan Genius immediately of any breach of security or unauthorized use of your Account. Plan Genius will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Plan Genius or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

Some Plan Genius services require that you provide Plan Genius or its designated agent with valid credit card information as a condition to subscribing to those Services. You also agree to provide Plan Genius with complete and accurate billing and contact information. This information includes your legal company name, street address, email address, and name and telephone number of an authorized billing contact. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, Plan Genius reserves the right to terminate your access to the Services in addition to any other legal remedies. Please note that Plan Genius currently uses a third party to perform billing services and therefore may share billing and other information as necessary to enable the billing services to be performed.

Transfer of Data Abroad

If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.

General Rules of Conduct

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Plan Genius or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

You acknowledge and agree that:

• Your use of this Site and the Services found at this Site, including any content you submit, will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations.
• You will not impersonate another User or any other person or entity, or submit content on behalf of another User or any other person or entity, without their express prior written consent.
• You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
• You will not use this Site or the Services found at this Site in a manner (as determined by Plan Genius in its sole and absolute discretion) that:
• Is illegal, or promotes or encourages illegal activity;
• Promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior;
• Adult or adult themed (porn, soft porn, adult ad's, transparent or erotic lingerie - no product that covers less than standard bikini areas, adult images, adult products);
• Promotes, encourages or engages in child pornography or the exploitation of children;
• Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;
• Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking, or link farms;
• Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
• Affiliate sites which don't sell products directly;
• Infringes on the intellectual property rights of another User or any other person or entity;
• Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
• Interferes with the operation of this Site or the Services found at this Site;
• Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
• Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Plan Genius or Plan Genius’ Services.
• You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by Plan Genius.
• You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
• You will not access Plan Genius Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Plan Genius may designate.
• You agree to back-up all of your User Content so that you can access and use it when needed. Plan Genius does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
• You will not use this Site or the Services found at this Site, including any of Plan Genius’ related technologies, for any commercial use without Plan Genius’ express prior written consent.
• You will not use Plan Genius widgets on non-English speaking websites unless previously authorized by a Plan Genius representative. Please contact support@plangenius.com prior to creating an account for more information and authorization.

You may not access the Services if you are a direct competitor of Plan Genius, except with Plan Genius’ prior written consent.

You may not access the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

Plan Genius reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time.

User Use of Plan Genius Content

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Plan Genius. The collective work includes works that are licensed to Plan Genius. Copyright 2010, Plan Genius ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Plan Genius, purchasing Plan Genius products, or purchasing Plan Genius services. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Plan Genius. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

All trademarks, service marks and trade names of Plan Genius used in the site are trademarks or registered trademarks of Plan Genius.

Plan Genius Use of User Content

You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.

If you post or publish your User Content to this Site, you authorize Plan Genius to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and these Terms of Use. Accordingly, you hereby grant Plan Genius a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site and Plan Genius’ (and Plan Genius’ affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under these Terms of Use. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that Plan Genius may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, Plan Genius shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or Plan Genius’ (or Plan Genius’ affiliates’) business(es).

NO SPAM and Subsequent Liquidated Damages

Plan Genius vigilantly protects the user community against unsolicited email (“SPAM”). You agree Plan Genius may immediately terminate any Account which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay Plan Genius liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.

Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Plan Genius disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Plan Genius does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Plan Genius does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Guarantees

Plan Genius services come with 45 day money back guarantee. This 45 day money back guarantee applies to the first 45 consecutive days from initial signup. If you would like to receive a refund for any services within the guaranteed timeframe please email support (at) plangenius.com with your refund request, account name, and contact phone number, and we will process your refund accordingly.

Limitation of Liability

Plan Genius shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the services and products offered on this site, or the performance of the services and products. Plan Genius does not guarantee or warranty any information that they gather or use.

Compliance with Local Laws

Plan Genius makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

Typographical Errors

In the event that a product is mistakenly listed at an incorrect price, Plan Genius reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Plan Genius reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Plan Genius shall issue a credit to your credit card account in the amount of the incorrect price.

Widget Removal/Restriction and Account Cancellation

Due to the nature of the services provided, Plan Genius reserves the right to remove/restrict widget use from any website and/or cancel any account for any reason at their discretion without prior notice or notification.

Terms and Conditions; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be updated or terminated by Plan Genius without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Affiliates

If you participate as a Plan Genius Affiliate, you agree to be bound by this Terms of Use agreement. In addition, you agree to use any and all Plan Genius affiliate related banners and text links in an ethical manner. You also agree that any affiliate text link information will be written to match the content and purpose of our site, and that you will not misrepresent the company or its products, services, or offerings in any way. You understand that Plan Genius decides what is ethical and can at any time terminate your affiliate account if they feel that you are misrepresenting the company or unethically marketing your affiliate links. If Plan Genius terminates your account, you will not be paid for any outstanding commissions.

Bandwidth Overage Fees

Plan Genius allows the use of multiple widgets per user account. Plan Genius defines the retrieval of any item, contact or appointment widget, any framed page, graphic, or otherwise from a Plan Genius web server as a hit. Each account is allotted a total of 1,000,000 hits per year. If a particular account exceeds 1,000,000 hits in a given year, Plan Genius may at their discretion charge bandwidth overage fees at the rate of per 100,000 hits per account. Plan Genius has the right to charge accumulated overage fees at any time once a hit allotment has been exceeded in an agreed upon amount by both the member and Plan Genius prior to the charge.

Participation Disclaimer

Plan Genius does not and cannot review all communications and materials posted to or created by users accessing the site or using our services, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and display user-generated content hosted on the site, Plan Genius is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Plan Genius reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Plan Genius in its sole discretion.

Third-Party Links

In an attempt to provide increased value to our visitors, Plan Genius may link to sites operated by third parties. However, even if the third party is affiliated with Plan Genius, Plan Genius has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Plan Genius. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Plan Genius seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Indemnification

You agree to indemnify, defend, and hold harmless Plan Genius, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your widgets or account (including negligent or wrongful conduct) by you or any other person accessing the site using your account. The indemnification obligations under this section shall survive any termination or expiration of these Terms of Use or your use of this Site or the Services found at this Site.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Virginia, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Plan Genius products) shall be in the state or federal courts located in Henrico County, VA. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Plan Genius products) must be commenced within one (1) year after the claim or cause of action arises. Plan Genius's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Plan Genius may assign its rights and duties under this Agreement to any party at any time without notice to you. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of these Terms of Use.

Additional Reservation of Rights

Plan Genius expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any subdomain name registration) that it deems necessary, in its sole and absolute discretion, (i) to correct mistakes made by Plan Genius in offering or delivering any Services (including any subdomain name registration), (ii) to comply with applicable local, state, national and international laws, rules and regulations, (iii) to comply with requests of law enforcement, including subpoena requests, (iv) to comply with any dispute resolution process, (v) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (vi) to avoid any civil or criminal liability on the part of Plan Genius, its officers, directors, employees and agents, as well as Plan Genius’ affiliates.

Plan Genius expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.

Titles and Headings

The titles and headings of these Terms of Use are for convenience and ease of reference only and shall not in any way be utilized to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in these Terms of Use shall for all purposes be construed to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms of Use to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms of Use shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

Your Consent

By using our site, you consent to our online terms and conditions policy.

Changes to our Terms and Conditions Policy

If we decide to change our terms and conditions policy, we will post those changes on this page. Plan Genius may also deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Plan Genius.

This policy was last modified on 07/16/2010.

Contacting Us

If there are any questions regarding this policy you may contact us using the information below.

Plan Genius, LLC
Re: Legal Policies
P.O. Box 38186
Richmond, VA 23231
support@plangenius.com
www.plangenius.com/tos.aspx