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Welcome to the Plan Elements, Inc. (“Plan Elements”) public website (the "Site").
Plan Elements owns and operates the Site, and the documents and other content available
on the Site (“Site Content”) are protected by copyright laws throughout the world.
Plan Elements grants you a limited license to use the Site subject to the terms
and conditions of use (“Terms of Use”) set forth below. By using the Site, you agree
to follow and be bound by the Terms of Use and our Privacy Policy. We may revise
the Terms of Use at any time without notice to you.
Areas of the Site may have different terms of use posted. If there is a conflict
between the Terms of Use and terms of use posted for a specific area of the Site,
the latter shall have precedence with respect to your use of that area of the Site.
Limited License for Use of Site Content
Plan Elements hereby authorizes you to download, view, copy and print documents
and graphics in the Site Content subject to the following: (a) the Site Content
may be used solely for personal, informational, non-commercial purposes; and (b)
the Site Content may not be modified or altered in any way. No other use of the
Site Content is authorized. In consideration of this authorization, you agree that
any copy of the Site Content which you make shall retain all copyright and other
proprietary notices in the same form and manner as on the original. You may not
otherwise use, download, upload, copy, print, display, perform, reproduce, publish,
license, post, transmit, modify, adapt, or distribute any Site Content in whole
or in part without the express authorization of Plan Elements. Except as specified
above, nothing contained herein shall be construed as conferring by implication,
estoppel, or otherwise any license or right under any patent, trademark or copyright
of Plan Elements or any third party.
Changes; Third Party Web Sites, Content, Products and Services
Plan Elements reserves the right to change or discontinue the Site or any Site Content
at any time, with or without notice, and with no liability to you. The Site may
include hyperlinks to web sites not controlled by Plan Elements, and access to content,
products and services from third parties. Plan Elements is not responsible for the
availability of, nor any content on those web sites to which it provides links.
Plan Elements provides these links merely as a convenience and the inclusion of
such links does not imply an endorsement. You agree that Plan Elements is not responsible
for third party content accessible through the Site, including opinions, advice,
statements and advertisements, and understand that you bear all risks associated
with the use of such content and that Plan Elements is not responsible for any loss
or damage of any sort you may incur from dealing with any such third party.
Feedback
No compensation will be paid with respect to the use of any information, content
or material that you submit, upload, post, transmit or otherwise make available
through the Site. You grant to Plan Elements an unrestricted, irrevocable license
to use, reproduce, modify, distribute, publicly display, publicly perform and transmit
all such information, content and material and to sublicense others to do so on
Plan Elements' behalf in connection with this Site and Plan Elements' products and
services. You represent and warrant that: (i) you own the information, content or
material posted by you on this Site or otherwise have the right to grant the license
set forth in this section, and (ii) your information, content or material does not
violate the privacy rights, publicity rights, copyright rights, or other intellectual
property rights of any person.
Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL SITE CONTENT, MATERIALS,
INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. PLAN ELEMENTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PLAN ELEMENTS MAKES NO WARRANTY THAT: (A) THE SITE AND SITE CONTENT WILL MEET YOUR
REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE,
THE SITE CONTENT, OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE
OR RELIABLE; OR (D) THE QUALITY OF ANY SITE CONTENT; PRODUCTS, SERVICES, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
IN NO EVENT SHALL PLAN ELEMENTS OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE,
DATA OR USE, INCURRED BY YOU WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM
YOUR ACCESS TO, OR USE OF, THE SITE OR THE SITE CONTENT, WHETHER OR NOT PLAN ELEMENTS
HAS BEEN ADVISED OF THE POSSIBILITY. YOU AGREE THAT PLAN ELEMENTS'S AGGREGATE LIABILITY
TO YOU FOR ANY AND ALL CLAIMS ARISING FROM, OR RELATING TO, THE SITE AND THE SITE
CONTENT (INCLUDING, WITHOUT LIMITATION, ACCESS OR LACK OF ACCESS THERETO) IS LIMITED
TO FIFTY US DOLLARS ($50).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Privacy Policy
Plan Elements' privacy policy is at Privacy Policy.
Export Restrictions/Legal Compliance
You may not access, download, use or export the Site, the Site Content, or products
or services provided on the Site in violation of U.S. export laws or regulations,
or in violation of any other applicable laws or regulations. You agree to comply
with all export laws and restrictions and regulations of any United States or foreign
agency or authority, and not to directly or indirectly provide or otherwise make
available the services and products of Plan Elements in violation of any such restrictions,
laws or regulations, or without all necessary approvals. As applicable, you shall
obtain and bear all expenses relating to any necessary licenses and/or exemptions
with respect to your own use of the services of Plan Elements outside the U.S. Neither
the services of Plan Elements nor the underlying information or technology may be
downloaded or otherwise provided or made available, either directly or indirectly,
(i) into any country subject to U.S. trade sanctions, to individuals or entities
controlled by such countries, or to nationals or residents of such countries other
than nationals who are lawfully admitted permanent residents of countries not subject
to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table
of Denial Orders. By agreeing to these Terms of Use, you agree to the foregoing
and represent and warrant that you are not located in, under the control of, or
a national or resident of any such country or on any such list.
Applicable Laws
All matters relating to your access to, and use of, the Site, the Site Content,
and these Terms of Use shall be governed by U.S. federal law or the laws of the
State of California. Any legal action or proceeding relating to your access to,
or use of, the Site shall be instituted in a state court located in San Mateo County,
California and a federal court located in the Northern District of California and
no other venue. You and Plan Elements agree to submit to the jurisdiction of, and
agree that venue is proper in, these courts in any such legal action or proceeding.
Copyright/Trademark Information
Copyright © 2006 - 2008, Plan Elements. All rights reserved.
The trademarks, logos and service marks ("Marks") displayed on the Site are the
property of Plan Elements or other third parties. You are not permitted to use these
Marks without the prior written consent of Plan Elements or such third party which
may own the Mark.
Contact Information
If you have any questions regarding these Terms of Use, please contact Plan Elements
at info@planelements.com.
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