THIS DOCUMENT IS A LEGAL CONTRACT. PLEASE READ IT CAREFULLY BEFORE USING THIS WEBSITE, OR ANY OF ITS CONTENTS OR SOFTWARE. BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO THEM. IF YOU ARE AGREEING TO THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THESE TERMS OF USE. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, THEN YOU MUST NOT USE THIS WEBSITE OR ANY OF ITS CONTENTS OR SOFTWARE.
1. Agreement to Terms.
This Website (www.theprosperousplanner.com) and its contents are made available by The Prosperous Planner, LLC, a Michigan limited liability company (TPP). Your use of this Website or any of its contents or software indicates your agreement to be bound by these Terms of Use (Terms of Use). These Terms of Use govern your use of the Website and the products, software and services sold and provided by TPP. By using the Website and the products, software and services sold and provided by TPP, you signify that you acknowledge and agree to these Terms of Use. In addition, when using the Website and the products, software and services sold and provided by TPP, you will be subject to any posted guidelines or rules applicable to the Website and such products, software or services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. If you do not agree to these Terms of Use, please do not use the Website, or the products, software or services sold and provided by TPP. TPP reserves the right, in its sole and absolute discretion, to change, modify, add, or remove portions of these Terms of Use at any time without notice. Please check these terms periodically for changes. Your continued use of the Website, or the products, software and services sold and provided by TPP, after the posting of changes to these Terms of Use means you agree to abide by the Terms of Use as revised. Please note that some of the products, software or services offered and provided by TPP may be accompanied by their own licenses or terms of use. With respect to your rights in and obligations regarding such products, software and services, and to the extent there is a conflict, those licenses or terms of use take precedence over these Terms of Use, and you agree to be bound accordingly.
2. Ownership.
The Website is owned and operated by TPP. The contents of the Website are copyrighted and owned exclusively by TPP. All rights are expressly reserved. TPP and all associated logos, characters, trademarks, service marks, artwork, stories, photographs, images, information, names and other elements associated therewith are and remain the sole and exclusive property of TPP or their respective owners. No licenses or other rights in or to such logos, characters, trademarks, service marks, artwork, stories, photographs, images, information, names, or other elements are granted to you by these Terms of Use. Any use of any of the materials on the Website other than for private, non-commercial viewing purposes is strictly prohibited. The sale, auction, lease, loan, gift, trade or barter, or use of any of the logos, characters, trademarks, service marks, artwork, stories, photographs, images, information, names, text, graphics, audio or video material, stills from audiovisual material, or any other materials contained on the Website, for any other purpose, in any form, media, or technology, whether now known or hereafter developed, including the use of any of the aforementioned materials on any other website or networked computer environment, without the prior written consent of TPP, is expressly prohibited. Modification of such materials or use of such materials for any other purpose is a violation of TPP's proprietary and intellectual property rights.
3. Links.
The Website, or the products, software and services sold and provided by TPP, may provide links to other websites or content that is not hosted or managed by TPP, and you agree that TPP has no control over, responsibility for, or liability whatsoever relating to any such websites or content, including your use of them. TPP does not endorse any such websites, or the information, material, products, software, or services contained on or accessible through such websites. Furthermore, TPP makes no express or implied warranties with regard to the information, material, products, software, or services that are contained on or accessible through such websites. Access and use of such websites, including information, material, products, software, and services contained on or available through such websites are solely at the user's own risk.
4. Disclaimer of Warranties.
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE, and the products, software and services sold and provided by TPP, AS WELL AS ANY OTHER MATERIALS ON THE WEBSITE, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TPP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. TPP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE, OR the products, software and services OFFERED AND provided by TPP, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, OR the products, software and services sold and provided by TPP, OR ANY SERVER THAT MAKES THEM AVAILABLE, WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TPP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE WEBSITE OR THE PRODUCTS, SERVICES, OR SOFTWARE OFFERED OR PROVIDED BY TPP, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, USEFULNESS, SUITABILITY, COMPLETENESS OR OTHERWISE. YOU AGREE TO ASSUME ALL RISK OF LOSS OR LIABILITY FOR THE USE OF THE WEBSITE AND ANY MATERIALS ON IT AND THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF ANY OR ALL IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY.
5. Privacy Policy.
AYCB is committed to protecting your privacy. AYCB collects only the information that is necessary to process your order. Please visit www.theprosperousplanner.com/privacy-policy to read the TPP Privacy Statement.
6. Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TPP BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE WEBSITE, OR THE PRODUCTS OR SERVICES PROVIDED BY TPP, EVEN IF TPP HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE). TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST TPP FOR LOST DATA, SERVICE INTERRUPTIONS, SYSTEM FAILURES, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS IN CONNECTION WITH THE WEBSITE OR THE PRODUCTS, SOFTWARE OR SERVICES OFFERED AND PROVIDED BY TPP. YOU AGREE TO HOLD TPP HARMLESS FROM, AND YOU COVENANT NOT TO SUE TPP, FOR ANY CLAIMS IN CONNECTION WITH THE WEBSITE, OR THE PRODUCTS OR SERVICES PROVIDED BY TPP. IN NO EVENT SHALL TPP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO TPP FOR ACCESSING OR USING THE WEBSITE, OR THE PRODUCTS OR SERVICES PROVIDED BY TPP.
7. Gramm-Leach-Bliley Act Consumer & Customer Information Privacy & Confidentiality.
You acknowledge and agree that you desire to comply with the requirements of Title V of the Gramm-Leach-Bliley Act, 15 U.S.C. §§ 6801-6810 (GLB Act), and the Federal Trade Commission's implementing regulation, Regulation P, 16 C.F.R. Part 313 (Regulation P), in particular, as both relate to the disclosure and protection of Non-Public Personal Information (NPI) for consumers and customers. To the extent applicable, you will substantially comply with the GLB Act and Regulation P and will keep confidential all consumer and customer NPI received or obtained by you in accordance with the provisions of the GLB Act and Regulation P. In particular, you may use consumer and customer NPI you receive or obtain from TPP or another user of the Website only for the purpose for which such information was delivered or made available, and only for such other purposes permitted under 16 C.F.R. §§313.14 and 313.15. The stated purpose in this case is to assist you through internet and web activities with the collection of consumer and customer NPI, to deliver said information to you for use in connection with stated the purposes of the Website. You agree to maintain physical, electronic and procedural safeguards, as necessary, that comply with federal regulations to guard NPI you receive from TPP or other Website users pursuant to these Terms of Use and any services agreement entered into by you and TPP. You agree to be responsible for any breach of these Terms of Use by you and any of your agents or advisors (including, without limitation, attorneys, accountants, consultants and contractors). In the event you discover or become aware that another party's NPI has been used in an unauthorized manner or disclosed in violation of these Terms of Use, you will immediately notify such other party (the "Aggrieved Party") of such event, and will indemnify, defend and hold TPP, its managers, members, officers, employees and agents, harmless from all claims, damage, liability, costs and expenses (including court costs and reasonable attorneys' fees) arising or resulting from the unauthorized use or disclosure. In addition, TPP will be entitled to all other remedies available at law or equity, including injunctive relief. Upon the request of TPP, you will promptly return all NPI of a specific party received by you from such party or will promptly destroy all materials containing such NPI (and any copies, extracts and summaries thereof).
8. Miscellaneous.
The failure of TPP to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use shall be governed by and construed in accordance with applicable federal law and the laws of the State of Michigan, without regard to choice of law rules. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the Website, software, products, or services offered by TPP, shall be filed only in the U.S. District Court for the Northern District of Michigan, or the state district courts of Oakland County, Michigan, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in full force and effect. You agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of personal, technical, public, or other data exported from the United States or the country in which you reside. As a condition of your access and use of the Website, and the products and services offered by TPP, you warrant that you will not use the Website or the products and services offered by TPP for any purpose that is unlawful or prohibited by these Terms of Use. These Terms of Use constitute the entire agreement between you and TPP regarding their subject matter, and supersede any prior versions of these Terms of Use. No modification to the Terms of Use will be binding, unless authorized by TPP in writing or as provided above. Any express waiver or failure to exercise any right under these Terms of Use will not create a continuing waiver or any expectation of non-enforcement. Paragraph headings and captions are for convenience only and are not to be considered in determining the meaning or effect of these Terms of Use. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TPP as a result of these Terms of Use or your access to or use of the Website, or the products or services offered by TPP in connection with the Website.
If you have questions or comments please contact us at theprosperousplannerllc@gmail.com.
The Prosperous Planner LLC
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