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Terms
and Conditions
This is an agreement
("Agreement") between PlanYourIdea.com, Inc. ("we",
"us", "PlanYourIdea.com, Inc." or
"PlanYourIdea" or "Plan Your Idea") and you,
an end user ("you" or "user") of Plan Your Idea's
Business Consulting Services (the "Service") as
described herein. By establishing, activating, using, or
paying for the Service, you acknowledge that you have
read and understood these terms, you agree to the terms
and conditions in this Agreement, and you represent that
you are of legal age to enter this Agreement and become
bound by its terms and to the prices, charges, and
conditions provided to you in association with your
enrollment, including marketing materials and the Plan
Your Idea website, which are incorporated herein by
reference. This Agreement governs the Service - such as
a Business Consulting, Business Plan Writing, Marketing
Plan Writing, Advertising Plan Writing, Investor Search
Services, Corporation Filing, Trademark Filing, Website
Design or Online Marketing - website, or software used in
conjunction with the Service.
- You agree to the
terms and conditions outlined in this Terms and
Conditions ("Agreement") with respect to our site
(the "Site"). This Agreement constitutes the entire
and only agreement between us and you, and
supersedes all prior or contemporaneous agreements,
representations, warranties and understands with
respect to the Site, the content, products or
services provided by or through the Site, and the
subject matter of this Agreement. Any changes made
to this agreement will be posted on our website,
customer control panel or emailed to you within 72
hours of any changes.
- The content,
organization, graphics, design, compilation,
magnetic translation, digital conversion and other
matters related to the Site are protected under
applicable copyrights, trademarks and other
proprietary (including but not limited to
intellectual property) rights. The copying,
redistribution, use or publication by you of any
such matters or any part of the site, except as
allowed by PlanYourIdea.com, Inc., is strictly
prohibited.
- Our Site may contain
links to other Web sites. We are not responsible for
the content, accuracy or opinions expressed in such
Web sites, and such Web sites are not investigated,
monitored or checked for accuracy or completeness by
us. Inclusion of any linked Web site on our Site
does not imply approval or endorsement of the linked
Web site by us. If you decide to leave our Site and
access a third-party site, you do so at your own
risk.
- Certain sections of,
or offerings from, the Site may require you to
register. If registration is requested, you agree to
provide us with accurate, complete registration
information. Your registration must be done using
your real name and accurate information. We do not
permit (a) any other person using the registered
sections under your name; or (b) access through a
single name being made available to multiple users
on our network. You are responsible for preventing
such unauthorized use.
- The estimated turn
around time for a business, marketing or advertising
plan is 10 to 15 business days for less complex plans
and 15 to 30 business days for more complex plans.
The turn around estimation is based on the date that
we receive all applicable information to complete
your plan. If you purchase a combination package
(ex. business & marketing plans) the turn around
estimation applies to each plan. You understand that
this turn around estimation is an "estimation" of
when the work will be completed and is not
guaranteed in any way. We do not guarantee a turn
around time on plan revisions, plan revisions will
be processed in the order in which they were
received and will be processed/completed with
respect to your plan writers current work load.
- The moment your
order is placed, our staff will immediately start
researching your project and working on your
account, for this reason all orders are non
refundable and we do not have a cancellation policy.
Any chargeback or payment dispute in association
with services that have been purchased through
PlanYourIdea.com, Inc., will be sent to collections
that may negatively affect your credit. Once
PlanYourIdea.com, Inc. is notified of a chargeback,
we will notify you via email and postal mail, this
notification will provide you with 30 days to
resolve this matter, if payment is not received in
full within 30 days, PlanYourIdea.com, Inc. reserves
the right to send your account to a collections
agency of our choice. A chargeback fee of $99 will
be applied to Your account upon notification of a
chargeback. Plan Your Idea has a 100% satisfaction
guarantee and will continue to work on your plan
until you're completely satisfied with the outcome.
Plan revisions will be provided to You for up to 90
days after the first copy of your plan has been
delivered to you. Plan Your Idea will not re-write
your entire plan, however plan revisions consist of
spelling errors, grammatical errors, errors in
financial figures and simple wordings of your plan
that need to be changed. You're held responsible for
providing Plan Your Idea with enough information to
write a plan that fits your specific needs.
- We do not represent
or warrant that the Site will be error-free, free of
viruses or other harmful components, or that defects
will be corrected. We do not represent or warrant
that the information available on or through the
Site will be correct, accurate, timely or otherwise
reliable. We may make changes to the features,
functionality, services, products or content of the
Site at any time. We reserve the right at our sole
discretion to edit or delete any documents,
information or other content appearing on the Site.
- Information
contained on or made available through the Site or a
Plan Your Idea employee or subcontractor is not
intended to and does not constitute legal advice,
recommendations, mediation or counseling under any
circumstance and no attorney-client relationship is
formed. We do not warrant or guarantee the
accurateness, completeness, adequacy or currency of
the information contained in or linked to the Site.
Your use of information on the Site or from a Plan
Your Idea employee or subcontractor or materials
linked to the Site is entirely at your own risk. We
are not a law firm and the Site is not a lawyer
referral service.
- Plan Your Idea will
treat every client with the highest level of respect
and professionalism. You agree that all client
communication is documented and we reserve the right
to assign a client to a different employee or
subcontractor or terminate an agreement at any time
due to uncooperative or abusive clients. In the
event of this occurrence, we reserve the right to
terminate our agreement and return 0% of the order
total for incomplete work.
- The Catalyst Program
provides an information exchange platform to allow
investors who are committed to funding high-risk
opportunities to independently connect with
entrepreneurs of early stage or existing companies.
No action or service provided by PlanYourIdea.com,
Inc. constitutes or implies the endorsement,
recommendation, or appropriateness of a particular
investment opportunity for any investor or
entrepreneur. Any information provided by
PlanYourIdea.com, Inc. to investors or entrepreneurs
are to be used for informational purposes only and
in no way constitute or imply the endorsement,
recommendation, or appropriateness of a particular
investment opportunity. PlanYourIdea.com, Inc. makes
no independent investigation to verify the integrity
of the information submitted to potential investors
or entrepreneurs and makes no representations or
warranties with respect to the truthfulness of the
information provided by applicant investors or
entrepreneurs. As a result, potential investors and
entrepreneurs must conduct their own investigation
of the merits and risks of each investment
opportunity, and independently negotiate the terms
of their investment and/or agreement. All users of
the Catalyst program are strongly encouraged to seek
legal and other professional counsel prior to the
making of any decisions. Users of this service may
not use the information provided on the site to
gather email addresses or other contact information
of investors and entrepreneurs and their companies
for sale purposes. We reserve the right to deny
service of any user that violates these terms, or
for any other reason, without prior notice or
warning. Membership of the Catalyst program does not
constitute an offer by PlanYourIdea.com, Inc. to
sell or the solicitation by PlanYourIdea.com, Inc.
of an offer to buy or sell any investment interest
in the business ventures of applicant investors or
entrepreneurs. The actual sale or purchase of an
investment interest shall be a private and
independent transaction between the entrepreneur and
the investor members without any participation by or
remuneration to PlanYourIdea.com, Inc. In no event
will PlanYourIdea.com, Inc. be liable for any loss
of earnings or any other commercial damages,
including without limitation direct or indirect,
special, incidental, or consequential or other
indirect damages, losses or expenses arising out of
or in correlation with an independent transaction,
agreement, or interaction between site members.
There maybe errors in the information provided by
this service and we strongly suggest that you seek
legal counsel prior to commencement of any potential
transaction. All materials provided by this service
are strictly for information purposes.
PlanYourIdea.com, Inc. does not function as a
broker-dealer or investment advisor and is not
registered as such with any federal or state
securities regulator. PlanYourIdea.com, Inc. does
not sell or offer to sell any securities and no
information contained through this service is
intended to constitute or to be interpreted as any
such offer. Any investor or entrepreneur using this
service requesting to contact any other investor or
entrepreneur using our service, does so at their own
risk and is solely responsible for conducting any
legal, accounting, or due diligence review. In no
event will PlanYourIdea.com, Inc. be liable for any
loss of earnings or any other commercial damages,
including without limitation direct or indirect,
special, incidental, consequential, or other
indirect damages, losses or costs arising out of or
in correlation with the use of this service or
including without limitation, interactions with
other users, claims arising from malfunction or
defects in the site or related service or inability
to access or use the site by any party, or in
connection with any failure of performance, error,
omission, interruption, defect, delay in operation
or transmission, computer virus or
telecommunications or system malfunction.
- PlanYourIdea.com,
Inc. provides an incorporation and trademark
registration service designed to allow you to form
your own corporation or file a trademark. Plan Your
Idea uses the information provided on our order
forms to complete the information on the required
state forms or by the United State Patent Office.
Plan Your Idea is not a law firm and neither Plan
Your Idea nor any of its employees provide legal
services or legal advice. Further, no
representations or warranties, express or implied,
are given regarding the legal or other consequences
resulting from the use of our services or forms.
- The Online Marketing service
provided by PlanYourIdea.com, Inc. will strive to
set up pay-per-click campaigns and deliver Google
and/or Yahoo paid search traffic to the customer's
website. If paid search traffic cannot be delivered
to the website in question due to the editorial
policies of the search engines regarding the
acceptance of advertiser web properties,
PlanYourIdea.com, Inc. is not to be held liable.
Ongoing account management fees are billed monthly
based on the advertised rates on our website. Any
service or account management fees related to our
Online Marketing service are non-refundable. Please
note that Google & Yahoo do not accept websites into
their paid search campaigns that fail to comply with
the following guidelines: The URL must not have a
redirect, the destination URL must be active and not
under construction, the destination URL cannot link
to an email address or a file, pop-ups are not
allowed on the landing page, links to your website
must allow users to enter and exit the landing page
easily and to return to the search results page or
ad network by clicking once on the browser's "Back"
button, the landing page should use a secure server
(https://) when collecting personal information from
users and the site must not sell, advertise or
promote any illegal products or services.
- You agree to
indemnify, defend and hold us and our partners,
agents, directors, employees, subcontractors,
successors, assigns, third party suppliers of
information and documents, advertisers, product or
service providers, and affiliates (collectively,
"Affiliated Parties") harmless from any liability,
loss, claim and expense related to your violation of
this Agreement or use of the Site.
- Your right to use
the Site is not transferable or assignable. Any
password or right given to you to obtain information
or documents is not transferable or assignable.
- The information,
content and documents from or through the site are
provided "as is", "as available", with "all faults",
and all warranties, express or implied, are
disclaimed (including but not limited to the
disclaimer of any implied warranties of
merchantability and fitness for a particular
purpose). The information and services may contain
bugs, errors, problems or other limitations. We and
our affiliated parties have no liability whatsoever
for your use of any information or service, except
as stated in the agreement. In particular, but not
as a limitation thereof, we and our affiliated
parties are not liable for any indirect, special,
incidental or consequential damages (including
damages for loss of business, loss of profits,
litigation, or the like), whether based on breach of
contract, breach of warranty, tort (including
negligence), product liability or otherwise, even if
advised of the possibility of such damages. the
negation and limitation of damages set forth above
are fundamental elements of the basis of the bargain
between us and you. This site and the products,
services, documents and information presented would
not be provided without such limitations. No advice
or information, whether oral or written, obtained by
you from us through the site or otherwise shall
create warranty, representation or guarantee or
expressly stated in this agreement. All
responsibility or liability for any damages caused
by viruses contained within the electronic file
containing a form or document is disclaimed.
- We and any
Affiliated Party shall not be liable for any loss,
injury, claim, liability, or damage of any kind
resulting in any way from; Any errors in or
omissions from the Site or any services or products
obtainable therefore. The unavailability or
interruption of the Site or any features thereof.
Your use of the Site. The content contained on the
Site. Any delay or failure in performance beyond the
control of a Covered Party. The aggregate liability
of us and the affiliated parties in connection with
any claim arising out of or relating to the site
and/or the products, information, documents and
services provided herein or hereby shall not exceed
the amount paid for our services and that amount shall be in lieu of all other
remedies which you may have against us and any
affiliated party.
- We take your privacy
and the use of the information that you provide us
very seriously, we use only the highest level of
security when handling confidential customer
information. Our Privacy Policy is a part of this
Agreement and can be reviewed by clicking on the
"Privacy Policy" links throughout our website.
- You agree to comply
with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your
use of the Site and the Content and Materials
provided therein.
- This Agreement shall
be treated as though it were executed and performed
in Los Angeles, California and shall be governed by
and construed in accordance with the laws of the
State of California (without regard to conflict of
law principles). Any cause of action by you with
respect to the Site (and/or any information,
Documents, products or services related thereto)
must be instituted within (1) year after the cause
of action arose or be forever waived and barred. All
actions shall be subject to the limitations set
forth in this Agreement. The language in the
Agreement shall be interpreted as to its fair
meaning and not strictly for or against any party.
Any rule of construction to the effect that
ambiguities are to be resolved against the drafting
party shall not apply to interpreting this
Agreement. This Agreement and all incorporated
agreements and your information may be automatically
assigned by us at our sole discretion to a third
party in the event of an acquisition, sale or
merger. If any provisions of this agreement is held
illegal, invalid or unenforceable for any reason,
that provision shall be enforced to the maximum
extend permissible, and the other provisions of this
Agreement shall remain in full force and effect. If
any provision of this Agreement is held illegal,
invalid or unenforceable, it shall be replaced, to
the extent possible, with a legal, valid, and
unenforceable provision that is similar in tenor to
the illegal, invalid, or unenforceable provision as
is legally possible. To the extent that anything in
or associated with the Site is in conflict or
inconsistent with this Agreement, this Agreement
shall take precedence. Our failure to enforce any
provision of this Agreement shall not be deemed a
waiver of such provision nor of the right to enforce
such provision. Our rights under this Agreement
shall survive any termination of this Agreement. The
title, headings and captions of this Agreement are
provided for convenience only and shall have no
effect on the construction of the terms of this
agreement.
- Any legal
controversy or legal claim arising out of or
relating to this Agreement or our services,
excluding legal action taken by us relating to Site
operations and/or intellectual property, shall be
settled solely by confidential binding arbitration
in accordance with the commercial arbitration rules
applicable at the time the arbitration commences.
Any such controversy or claim shall be arbitrated on
an individual basis, and shall not be consolidated
in any arbitration with any claim or controversy of
any other party. The arbitration shall be conducted
in Los Angeles, California. Each party shall bear
its own attorneys' fees. Each party shall bear
one-half of the arbitration fees and costs incurred.
This
Agreement was last updated on May 5th, 2008 |