PLANCENTER.COM
TERMS OF USE
This Terms of Use establishes terms by which the Seattle Daily Journal of Commerce, d/b/a DJC.com(hereinafter "DJC") provide access to Plancenter.com, an internet service. By using the site you accept the Terms of use. As used herein the following terms shall have the following meanings:
"Plancenter.com" means DJC, its assignees, licensees, successors and/or the Plancenter.com service operated by DJC or its affiliates;
"Content" means information, communications, software, digital tools, templates, Web based applications, "how to" business content, photos, video, graphics, music, sounds and other material and services, collectively;
"User" means the company, individual or other person who is registering for access to Plancenter.com;
1. Usage/Registration: By using/registering, the User accepts all of the terms of use. The User's use of Plancenter.com will constitute the User's acceptance of the terms. If you do not agree to the terms, please do not register or use Plancenter.com. The terms of use are posted as a link on the home page of Plancenter.com
2. Registration Accuracy: By the User's registration through the on-line registration process, the User verifies that the information provided is accurate and correct to the best of the User's knowledge.
3. General Provisions
A. Use of Plancenter.com is licensed, not sold, to Users for use only under the terms contained herein, and Plancenter.com reserves any rights not expressly granted to Users. The User acknowledges that the User may not sublicense, transfer, sell or assign this license. Any attempt to sublicense, transfer, sell or assign the license is void and may give rise to civil and/or criminal liability for misappropriation.
B. In connection with the registration of the User that is accepted by Plancenter.com, Plancenter.com will issue to the User an account with Plancenter.com relating to the users' use of Plancenter.com. Only the User shall be permitted to use Plancenter.com. Any use of Plancenter.com by a third party shall be deemed a violation of the terms, and Plancenter.com at its sole discretion, may terminate access to Plancenter.com with respect to the User that permitted such use. All provisions apply to all accounts, sub-accounts, and alternate aliases associated with the User's account. Each User is responsible for the use of his or her account(s) under any alias on that account, and for ensuring full compliance by the user of that account with the terms.
C. The User agrees to use Plancenter.com in a manner consistent with any and all applicable laws and regulations.
4. Fees: User agrees to pay all fees for the Plancenter.com services they use. These fees are posted at http://www.plancenter.com/func/plan-order.php. The fees include an annual subscription fee and a monthly usage fee, which varies depending on the number of plan views. The monthly usage fee will be charged to the credit card on file for the account.
5. Termination
A. The terms and a user's access to, and use of, Plancenter.com, may be terminated at any time, and without cause, by the user; upon receipt of actual notice to Plancenter.com. The User is liable for any charges incurred until the effective date of such termination.
B. Plancenter.com reserves the right, at its sole discretion, to immediately, without notice suspend or terminate User's access to and use of Plancenter.com upon any breach of the terms by the User.
6. Proprietary Rights:
A. The User hereby acknowledges the following:
i. Plancenter.com permits access to Content that is protected by copyrights, trademarks, and other intellectual and proprietary rights ("Rights");
ii. These rights are valid and protected in all media and technologies existing now or later developed; and
iii. Except as explicitly provided otherwise, applicable copyright and other laws govern Users use of such Content. Users may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software or any other Content on the service is not protected by Rights rests with the User. The User acknowledges that Plancenter.com and/or third-party Content providers remain the owners of the posted materials (other than the Content described below), and that the User does not acquire any of those ownership rights by downloading copyrighted materials.
7. Services:
A. Plancenter.com provides its services on an as-is basis, without warranty of any kind, express or implied, including, without limitation, any warrant for information, services or products provided through or in connection with Plancenter.com, and/or DJC specifically disclaims
i. Any warranty of merchantability or fitness, where applicable, and
ii. Any warranties concerning the availability, accuracy or content of information, products or services. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
B. Plancenter.com is not the publisher or author of any works posted. Plancenter.com disclaims all copyright and other rights in such works and all responsibility for them.
C. Plancenter.com cannot promise, and will not be deemed to promise that its hardware or software will function flawlessly. Plancenter.com fully intends to keep its system functional at all times. However, in the event that, due to circumstances beyond Plancenter.com's control, Plancenter.com's services malfunction or become unavailable to all or some members, Plancenter.com will not be liable for any direct, consequential or incidental damages, whether foreseeable or not, which may result from such unavailability or malfunction, except that Plancenter.com may, in its sole discretion, choose to credit members' accounts for such interruptions of service.
D. If you download any software or otherwise executable files from Plancenter.com, Plancenter.com is not responsible for any direct, consequential or incidental damages caused by such software or files.
E. Plancenter.com is not responsible for the Content on the Internet or World Wide Web pages that is contained outside Plancenter.com's site. As a convenience to our members, Plancenter.com provides links to many resources, which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you may have against Plancenter.com with respect to such sites.
8. INDEMNITY:
A. At Plancenter.com 's request, the User agrees to defend, indemnify and to hold harmless Plancenter.com, its officers, directors, shareholders, and employees from any claims arising from the User's use of Plancenter.com, including, without limitation, claims of copyright infringement, patent infringement, misappropriation of trade secrets, libel, slander, trade libel, defamation, harassment, invasion of privacy or fraud. The User agrees to hold Plancenter.com harmless from any claims and expenses, including reasonable attorney's fees, litigation expenses and court costs, related to User's violation of the terms, including any information, software or other Content placed on Plancenter.com by the User.
B. NORMAL SYSTEM MAINTENANCE TIMES: Occasionally Plancenter.com will not be available for use by Users. Although Plancenter.com's policy is to minimize the amount of time its may spend upgrading and maintaining Plancenter.com, Plancenter.com reserves the right to take Plancenter.com down at any time. Plancenter.com shall use its best efforts to make the Service available Monday through Sunday, 24 hours a day, except when maintenance is being performed on the Service. Maintenance is currently scheduled to occur on a regular basis in the early hours every Sunday.
C. Contract Authority: The User represents to Plancenter.com that the User has the authority to accept Plancenter.com according to the terms.
D. Policy of Fees: Plancenter.com reserves the right to change its posted schedule of fees, surcharges and/or membership dues at any time at its sole and absolute discretion upon posting notice of such changes to the site. Users whose account(s) are more than sixty days in arrears will be charged a $15 late fee. Customers with accounts more than ninety days in arrears will be cancelled by Plancenter.com and/or DJC and are subject to all fees incurred up to the time of cancellation.
E. Payment Method Accountability: The User may not place orders, or attempt to pay for Plancenter.com using any expired, false or unauthorized credit card, or false or unauthorized bank or financial institution information. The user must promptly inform Plancenter.com of any changes in the credit card, bank, financial institution, user's billing address and/or breaches of security such as loss, theft, or unauthorized disclosure of use of a credit card, bank or financial institution account, ID, or password.
F. User Responsibility: Until Plancenter.com receives actual notice of a breach of security; the User will remain liable for any unauthorized use of their Plancenter.com account. The User is responsible for all charges at the time the service is used.
G. Account Status: Plancenter.com reserves the right to suspend access to Plancenter.com for the User's account(s) immediately, without Notice, upon rejection of any credit card charges, non-payment by the User's bank or financial institution of authorized charges or any other indication of credit problems.