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TERMS AND CONDITIONS

This website is provided by Planning Simple LLC (“Company”). Your use of this website is subject to the following terms and conditions. Please read the following terms and conditions carefully and be sure you understand them.

Intellectual Property Rights

Certain of the trademarks, logos, and service marks (collectively, the "Trademarks") displayed on this website are registered and unregistered trademarks of Company. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this website without the written permission of Company. Your misuse of the Trademarks displayed on the website, or any other content on the website, except as provided herein, is strictly prohibited.

You understand and acknowledge that the software, code, proprietary methods and systems used to provide this website or its services ("Our Technology") are: (i) copyrighted by us and/or our licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. Reproduction, distribution, republication and retransmission of material contained within the Company website is prohibited unless the prior written permission of Company has been obtained. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these terms and conditions grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through this website according to these Terms of Service. Furthermore, nothing in these Terms of Service will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology.

Any comments, ideas and/or reports you provide to Company about this website, whether in written or electronic form ("Feedback"), shall be considered Company proprietary and confidential information, and you hereby irrevocably transfer and assign to Company all intellectual property rights embodied in or arising in connection with such Feedback, and any other rights or claims that you may have with respect to any such Feedback.

Representations

You can create an account ("Account") by providing your name, email address and selecting a password. You represent and warrant that all information supplied to Company, including name and email address, is accurate, current, and personal to you. You agree that you shall neither use this website on behalf of any other person or entity nor allow any other person or entity to use or gain access to this website through your Account for any purpose other than your personal use. If someone accesses this website using your log-in information, Company will rely on that information and will assume that it is you or your representative who is accessing this website. You are solely responsible for any and all activities that occur under or in connection with your Account.

You agree to be responsible for any act or omission of any users that access this website under your Account that, if undertaken by you, would be deemed a violation of these terms and conditions. In no event and under no circumstances will Company be held liable to you for any liabilities or damages resulting from or arising out of: (i) any action or inaction of Company under this provision; (ii) any compromise of the confidentiality of your Account or password; and (iii) any unauthorized access to your Account or use of your password. Please notify Company immediately if you become aware that your Account is being used without authorization.

Without limiting any rights which Company may otherwise have, Company reserves the right to take any and all action, as Company deems necessary or reasonable, to ensure the security of this website and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree that Company, in its sole discretion, may immediately terminate your access to this website at any time, for any reason, in its sole discretion. You agree that Company will not be liable to you or any other party for any termination of your access to the site.

Third Party Content

Some links within the Company website may lead to other sites owned and operated by third parties. Company is not responsible for their content and does not necessarily sponsor, endorse or otherwise approve of the materials appearing in such sites. In addition, linked sites may be subject to terms of use and/or privacy policies of their owner/operators, and anyone who uses such a link is responsible for checking what those terms/policies are for themselves.

To the extent any portion of the website contains opinions provided by third party users of the website, such opinions are the opinions of the individual author and may not reflect the opinions Company or any of its employees. Company is not responsible for their content and does not necessarily sponsor, endorse or otherwise approve of the materials provided by third parties.

Privacy

Company has created a Privacy Policy that describes the collection, use and disclosure practices regarding any personal information that you provide to Company. Your use of this website, and any information you provide to Company are subject to the Company Privacy Policy. By using this website, you consent to the use of your information as outlined in the Company Privacy Policy. Company will take reasonable steps to help ensure the safety of your personal information. You understand and agree that such steps do not guarantee that this website is invulnerable to all security breaches or immune from viruses, security threats or other vulnerabilities.

DMCA Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this website, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA), Title 17, United States Code, Section 512(c)(2). For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:

  • A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  • Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit Company to locate the material;
  • Information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
  • 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, by its agent, or by law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The above information must be submitted as a written notification to the following Designated Agent:

Copyright Agent
Planning Simple LLC
1401 S Street NW, #411
Washington, DC 20009

Information and Content

When you access this website, you obtain access to various kinds of information and materials, including (by way of example) comments, suggestions, ideas, graphics, and videos, all of which we call "Content." You are entirely responsible for each individual item of Content that you post on this website, submit to Company via email or this website, or otherwise make available to Company for publicly-available areas of this website ("Share") and, as between you and Company, you retain ownership and any intellectual property rights in the Content you Share. You grant Company a non-exclusive, royalty-free, fully paid, fully sublicenseable, worldwide license, under any and all of your copyright and other intellectual property rights related to Content that you Share. You agree that any Shared Content or any derivative works thereof, except for Personally Identifiable Information, may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by Company, and searched, displayed, printed or otherwise used or exploited by our customers. To the extent you include Personally Identifiable Information in forums or other publicly available areas of this website, Company will not be liable for such disclosure.

You agree not to revise Content posted by others, and you represent and warrant that you will not Share or use any Content in any manner that: (i) infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others; (ii) violates the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation; (iii) is false or inaccurate or becomes false or inaccurate at any time; (iv) is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion; (v) discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others; (vi) misrepresents your identity in any way; (vii) contains any viruses, Trojan horses, spyware, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (viii) advocates or encourages any illegal activity; or (ix) has the potential to create liability for Company or cause Company to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.

Though Company strives to enforce these rules with all of our users, you may be exposed through this website to Content that violates our policies or is otherwise offensive. You access this website at your own risk. Company may, but is not obligated to, remove Content from this website for any reason, including if Company determines or suspects that such Content violates these terms and conditions. Company is merely acting as a passive conduit for such distribution and Company takes no responsibility for your exposure to Content on this website, whether it violates our content policies or not.

General Rules of User Conduct

It is our goal to make access to this website a good experience for all of our users. You agree not to, and represent and warrant that you will not, use, reproduce, duplicate, copy, sell, resell, or exploit any portion of this website, your use of this website, or access to this website for any purposes other than for which this website is being provided to you.

You agree not to, and represent and warrant that you will not, do any of the following: (i) conduct or promote any illegal activities while using this website; (ii) upload, distribute or print anything that may be harmful to minors; (iii) attempt to reverse engineer or jeopardize the correct functioning of this website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies this website; (iv) attempt to gain access to secured portions of this website to which you do not possess access rights; (v) upload or transmit any form of virus, worm, Trojan horse, or other malicious code; (vi) use this website to generate unsolicited e-mail advertisements or spam; (vii) use this website to stalk, harass or harm another individual; (viii) use any high volume automatic, electronic or manual process to access, search or harvest information from this website (including without limitation robots, spiders or scripts); (ix) interfere in any way with the proper functioning of this website or interfere with or disrupt any servers or networks connected to this website, or disobey any requirements, procedures, policies or regulations of networks connected to this website; (x) use any robot, spider, other automatic device, or manual process to extract, "screen scrape," monitor, "mine," or copy any static or dynamic web page on this website or the Content contained on any such web page for commercial use without our prior express written permission; (xi) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (xii) mirror or frame this website or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.

Disclaimer of Warranties

COMPANY ASSUMES NO LIABILITY FOR THE USE OR INTERPRETATION OF INFORMATION CONTAINED HEREIN. THIS WEBSITE IS PROVIDED "AS IS" AND “AS AVAILABLE” WITH ANY AND ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE WEBSITE OR CONTENT THEREIN ARE ERROR-FREE OR WILL BE UNINTERRUPTED, FREE FROM SPYWARE, MALWARE, ADWARE, VIRUSES, WORMS OR OTHER MALICIOUS CODE, OR WILL FUNCTION TO MEET YOUR REQUIREMENTS.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, DENIALS OF SERVICE (INCLUDING COMPUTER CRASHES), BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE, OR ANY DOWNLOADED CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify and hold harmless Company, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of and access to the website, your violation of these terms and conditions, your violation of any rights of a third party, including but not limited to claims of: infringement of third party intellectual property rights or rights of privacy and publicity, claims of defamation, as well as your violation of any applicable laws or regulations.

Electronic Communications

Company can only give you the benefits of its services by conducting business through the Internet, and therefore Company needs you to consent to its giving you Communications electronically. This paragraph informs you of your rights when receiving Communications from Company electronically. For contractual purposes, you (i) consent to receive communications from Company in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications ("Communications") that Company provides to you electronically satisfy any legal requirement that such Communications would satisfy if they were in a writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with Company. The foregoing does not affect your non-waivable rights. You may also receive a copy of these terms and conditions by accessing this website. You may withdraw your consent to receive Communications electronically by contacting Company in the manner described below. If you withdraw your consent, from that time forward, you must stop using this website. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep Company informed of any changes in your e-mail or mailing address so that you continue to receive all Communications without interruption.

General

These terms and conditions will be governed by and construed in accordance with the laws of the State of Delaware.

These terms and conditions contain the entire understanding of the parties hereto relating to the use of this website supersedes any prior written or oral agreement or understandings between the parties with respect to this website, and cannot be changed or terminated orally.

If for any reason a court of competent jurisdiction finds any provision of these terms and conditions, or portion thereof, to be unenforceable, the remainder of these terms and conditions shall continue in full force and effect.

Company may revise these terms and conditions from time to time by updating or revising this posting, with the revised terms and conditions taking effect as of the date of its posting. Such modification includes, without limitation, restricting access, suspending, or discontinuing service, changing the rules of use, and terminating your use. It is your responsibility to check these terms and conditions periodically for changes. Your continued use of the website following the posting of changes on the website will mean that you accept and agree to the changes.

Notice

If you have any questions regarding these Terms and Conditions, or if you would like to contact Company for any other reason, write to:

Planning Simple LLC
1401 S Street NW, #411
Washington, DC 20009