Updated May 25, 2018
Welcome to the Web Site for Plan & Act. By using the PlanAndAct.com Web Site (the “Site”), you agree to be bound by these Terms of Use, whether or not you register as a member on the Site (“Member”). These Terms of Use govern your Account (as defined herein) and your use of services available through the Site ("Services").
NOTICE: PLEASE READ THE FOLLOWING TERMS OF USE BEFORE PROCEEDING. BY CLICKING "I ACCEPT" DURING ACCOUNT REGISTRATION OR BY USING THE SITE OR THE SERVICES PROVIDED THROUGH THE SITE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU ACCESS OR USE THE SITE, YOU ACKNOWLEDGE THAT YOU MEET THE QUALIFICATIONS INCLUDED IN THESE TERMS OF USE AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU CANNOT REGISTER FOR AN ACCOUNT OR USE THE SITE.
These Terms of Use are entered into as of the earlier of the date you first click “I Accept” or first access or use the Services on the Site (the “Effective Date”). By agreeing to the Terms of Use, you also agree to comply with the terms of our online privacy policy (our “Privacy Policy”) and our security policy (our “Security Policy”) posted on the Site, which is incorporated into these Terms of Use. Before using the Site or Services or any Account, please carefully review our Privacy Policy and our Security Policy. All personal data you provide to us as a result of your use of the Site, Services, or any Account will be handled in accordance with these Terms of Use, our Privacy Policy and our Security Policy. We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.
Use of Data. Without limiting any rights under the Privacy Policy, we will have the right to collect, extract, compile, synthesize, and analyze non-personally identifiable data or information (data or information that does not identify an entity or natural person as the source thereof) resulting from your access to the Site and your use and operation of the Services. To the extent any such data or information is collected or generated by us, the data and information will be solely owned by us, and we may use it for any lawful business purpose without a duty of accounting to you, provided that the data and information is used only in an aggregated form, without directly identifying you, any user or customer, or any other entity or natural person as the source thereof.
We or our affiliates may require you to follow additional rules, guidelines, or terms and conditions (“Additional Terms”) in order to access and use various features of the Site, to participate in certain promotions available through the Site, or to receive other services offered from time to time ("Additional Services"). Before accessing or using the Additional Services, you will be required to agree any applicable Additional Terms. Any Additional Terms you agree to through the Site will become a part of these Terms of Use. If any Additional Terms differ from the terms of these Terms of Use, the Additional Terms will take precedent over the terms of these Terms of Use, but only with respect to the matters governed by the Additional Terms.
Service Relationships. For as long as your subscription is current, you are contracting with a registered investment adviser, FinancialAdvice4Me (“FA4Me”), based at 912 South Main Street, PO Box 1582, Buena Vista, Colorado, 81211-1582. Additional information about FA4Me is available from their current Form ADV, Part 2, available at available at this link.
With respect to your account, Plan & Act agrees to provide a financial plan that will contain a series of recommended actions and explanations to move you toward the goal of financial security. We will also provide online assistance and make qualified financial advisers available as an additional service for questions about and support of your implementation of your financial plan. You agree to provide complete and accurate information regarding pertinent aspects of your personal and financial situation.
Modifications to Services. Plan & Act reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Plan & Act shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Eligibility. You must be at least eighteen (18) years of age to register as a Member of or otherwise use the Site. Membership is void where prohibited. By using the Site, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions of these Terms of Use.
Your account information. By submitting a Registration form or creating a password on the Site, you represent to us that: (1) you meet any age restrictions for the Site, and (2) the information you have provided on your Registration ("Account Information") is true, accurate, current and complete. You will maintain and promptly update your Account Information using the functionality provided through the Site to keep it true, accurate, current and complete.
Commercial use by members prohibited. The Site is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Services or the Site for any purpose. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of the Site may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Site is with the permission of Plan & Act, which may be revoked at any time, for any reason, in Plan & Act’s sole discretion.
Account security. You are responsible for maintaining the confidentiality of the username a password that they designate during the Registration process, and are fully responsible for all activities that occur under their username and password. You agree to (a) immediately notify Plan & Act of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Plan & Act will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you should as a practice disable any auto-sign in feature.
Prohibited activities. Plan & Act reserves the right to investigate and terminate your membership if you have misused the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Services: (i) You will not “stalk” or otherwise harass any person; (ii) You will not express or imply that any statements you make are endorsed by Plan & Act without our specific prior written consent; (iii) You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services; (iv) You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information unless under fair use or without obtaining the prior consent of the owner of such proprietary rights. You will not remove any copyright, trademark or other proprietary rights notices contained in the Services: (v) You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site; (vi) You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the of any computer software or hardware or telecommunications equipment; (vii) You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services; (viii) You will not “frame” or “mirror” any part of the Services or the Site, without Plan & Act’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Plan & Act or the Services or the site in order to direct any person to any other web site for any purpose; and (ix) You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or the Site or any software used on or for the Services or cause others to do so.
Termination by us. We reserve the right to disable your password and terminate your access to your Account regardless of the type of Account you have if you fail to comply with these Terms of Use, including without limitation, failing to comply with the password restrictions or providing false Account Information. If we do so, we may also choose to delete your Account Information or remove Content you have posted or uploaded to the Site or your Account. We will not provide any refund if your Account is terminated under this provision. License to Use Your Content. By posting your Content on or through the Site, you hereby grant us a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (including the right to sublicense) to use, copy, publicly perform, publicly display, distribute, and create derivative works based on your Content. You consent to our use and disclosure of your Content as set forth in these Terms of Use, including our Privacy Policy. You may contact us to request that your Content be removed from the Site. We cannot guarantee the complete deletion of your Content and copies thereof, especially on message boards, blogs or other community pages. Back-up or residual copies of any Content that we remove may remain on our servers after the Content has been removed from view, and we retain all rights granted in this paragraph to all such remaining copies.
Your warranties regarding your content. By posting your Content via the Site, you represent and warrant that (1) you own all right, title and interest in your Content, or otherwise have the right to grant the license set forth in preceding paragraph, and (2) the posting of your Content on or through the Site does not violate the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party.
Your feedback. We welcome your comments, feedback, suggestions, and other communications regarding the Site and the information and Services we make available through the Site (collectively, "Feedback"). The Feedback you provide to us through the Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
Rejection/removal of your content. You acknowledge that we have no obligation to screen User Content, but that we have the right (but not the obligation) in our sole discretion to screen, edit, refuse, or remove any User Content (which includes your Content) or portion thereof, in our sole discretion, for any reason. Without limiting the foregoing, we have the right to remove from the Site any User Content that violates these Terms of Use or is otherwise objectionable in our sole discretion, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Site by any person, please contact us immediately.
Ownership of your content. We do not claim ownership rights in your Content. Subject to the non-exclusive license contained in the following paragraph, you own and will retain any and all intellectual property rights that you may have in your Content.
Copyright policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information unless under fair use or without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent, pursuant to the Digital Millennium Copyright Act (17 U.S.C. §§ 512 (c)), with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please note that attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
Proprietary rights. Plan & Act owns and retains all proprietary rights in and to the Site and the Services, and has a license to use all material posted by you and the other Members as discussed below. The Site contains the copyrighted material, trademarks, and other proprietary information of Plan & Act, and its licensors. Except for that information which is in the public domain, is considered fair use, or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Plan & Act, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Plan & Act, Inc. does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any third party that appears on the Site. Under no circumstances will Plan & Act or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site or transmitted to or by any Members.
Warranty disclaimer. Plan & Act will use commercially reasonable efforts to provide you the Services relating to your Account during the term of your Account in accordance with our current description of Services applicable to your Account. In the event of any breach of this warranty, please notify us immediately. EXCEPT AS EXPRESSLY PROVIDED HEREIN, Plan & Act HEREBY EXPRESSLY DISCLAIMS, AND YOU DISCLAIM ANY RELIANCE ON, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, OUR CONTENT, AND ALL SOFTWARE, PRODUCTS OR SERVICES DESCRIBED ON OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Plan & Act MAKES NO WARRANTY: THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Plan & Act OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. WE DO NOT WARRANT THAT THE SITE, SERVERS, CONTENT ON THE SITE, E-MAIL SENT FROM US, OR PRODUCTS OR SERVICES AVAILABLE ON THE SITE, IF ANY, WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OURSELVES AND OUR EMPLOYEES, AGENTS, SUPPLIERS AND CONTRACTORS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY 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 Plan & Act HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES AND THE SITE, OR OTHERWISE RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICES OR THE SITE; (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (3) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (4) ANY OTHER MATTER RELATING TO THE SITE. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.
Indemnity. You will indemnify and hold harmless Plan & Act, and its subsidiaries, affiliates, officers, agents or other partners, users and employees, from and against any claim, liability, loss, expense or demand, including reasonable attorneys' fees, relating to or arising out of your Content, your use of any other Content, your use of or connection to the Site and Services (including any information, materials, products or services available through the Site or Services), your violation of these Terms of Use, or your violation of any applicable laws or any rights of another user or third party.
Jurisdiction and choice of law. If there is any dispute arising out of the Site and/or the Services, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of Kentucky, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Delaware, for the resolution of any such dispute.
Entire agreement. These Terms of Use contain the entire agreement between you and Plan & Act, Inc. regarding the use of the Site and/or the Services. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect.
Trademark. All trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Plan & Act.
Communications from Plan & Act. We may send you any notices via e-mail or regular mail to the address we have on file for you. We may also provide notice to you by displaying the notice on the Site as described in these Terms of Use. You will provide any notices to Plan & Act solely as directed in these Terms of Use or in writing at the email address set forth below.
Plan & Act communications may include: service announcements, administrative messages and email newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
Contact Plan & Act.. If you have any questions about these Terms of Use or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail at admin@PlanAndAct.com.