Terms of Use
PLEASE READ THESE TERMS OF USE
CAREFULLY BEFORE USING THIS SITE
Last Updated: January 1, 2021
Thank you for choosing Lifetime Planners. By using or accessing any website, service, product, mobile application, applications or application plug-ins made available by Lifetime Planners, you acknowledge that you have read and agree to be bound by these Terms of Use (“Terms”) and agree to comply with all applicable laws and regulations, including United States and federal securities laws and regulations and export and re-export control laws and regulations. In these Terms, the word “Site” shall refer to any website, mobile application, applications or application plug-ins made available by Lifetime Planners. “Services” shall refer to the Site and all services, materials, resources, self-help documents, forms, and templates provided by Lifetime Planners, and software, scripts, graphics, photos, sounds, videos, audiovisual combinations, interactive features and other materials you may view on or access through the Site. “Lifetime Planners”, “we”, “us” and “our” shall refer to Lifetime Planners Group, LLC, (the owner and operator of LifetimePlanners.com) and our affiliates (including members, managers, officers, directors, employees, contractors, consultants, agents and representatives) or related entities. “You” and “your” shall refer to each customer, Site visitor, individual or user of any Services. In addition if the Services are used or accessed by you on behalf of a company, organization, or other entity, then (1) “you” and “your” shall also refers to such company, organization, entity, (2) you represent and warrant that you are an authorized representative of such company, organization, entity with the authority to bind such company, organization, entity to these Terms, and (3) you agree to these Terms on behalf of such company, organization, entity’s behalf. It is your responsibility to review these Terms periodically. If at any time you find these Terms unacceptable or if you do not agree to these Terms, please do not use this Site or the Services. We may revise these Terms at any time without notice to you. If you have any questions about these Terms, please contact our Customer Care Center at support@lifetimeplanners.com. Lifetime Planners IS NOT a law firm and DOES NOT provide any legal services or advice whatsoever, and its Services are not a substitute for the advice or services of an attorney.
These Terms, together with any amendments made thereto shall constitute the entire agreement between you and Lifetime Planners with respect to the Services (“Agreement”). These Terms may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Lifetime Planners’s failure to assert or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any provision of this Agreement that is found unenforceable or deemed invalid by a court of competent jurisdiction shall not affect the validity of the remaining provisions of this Agreement, and the remaining provisions of the Terms shall remain in full force and effect.
YOU AGREE THAT BY USING THE SERVICES YOU ARE (i) AT LEAST 18 YEARS OF AGE OR ARE THE LEGAL AGE OF MAJORITY IN THE STATE OF YOUR RESIDENCE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT; (ii) HAVE NOT BEEN PREVIOUSLY SUSPENDED FROM USING THE SERVICES; AND (iii) HAVE FULL POWER AND AUTHORITY TO ENTER INTO THESE TERMS AND THAT, IN DOING SO, YOU WILL NOT VIOLATE ANY OTHER AGREEMENT TO WHICH YOU ARE A PARTY.
1. Termination or Modification.
You understand and agree that, at any time and without prior notice we may (1) terminate, cancel, deactivate and/or suspend your account, any orders placed, or your access to or use of the Site or Services; and/or (2) discontinue, modify or alter or change any aspect, feature or policy of the Site or Services, or create usage limitations for the Services. This includes the right to terminate (permanently or temporarily) or suspend your access to the Services without notice and liability to you for any reason, including if in our sole determination you violate any provision of these Terms of Use, or for any reason or no reason and at any time without prior notice. Upon any termination, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the Site and Services. Upon any such termination you continue to be bound by these Terms. Any data, account history and account content residing on the servers running the Services may be deleted, altered, moved or transferred at any time for any reason at the sole discretion of Lifetime Planners, with or without notice and with no liability of any kind. Lifetime Planners does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on the servers running the Services. If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of the Services or the Site, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. You agree that we will not be liable to you or any third party for any termination or modification to the Service regardless of the reason for such termination or modification.
You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of Services made by us is to cancel, terminate or cease your use of the Services.
Lifetime Planners does not permit copyright infringing activities and reserves the right to terminate access to the Services and remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Lifetime Planners may have at law or in equity.
Any modifications made to the Terms will be updated and posted directly to the Site and will include the date when such updates were made. You are indicating your agreement to be bound by the modified Terms by continuing to access or use the Site or Services after any modifications have posted. If you find the modified Terms unacceptable or you do not agree to such Terms, your only recourse is to cease using the Site and Services. If at any time you find these Terms unacceptable or if you do not agree to these Terms please do not access the Services or use the Site.
2. We Are Not A Law Firm. Our Services Are Not Legal Advice. There Is No Attorney-Client Relationship.
Lifetime Planners IS NOT a law firm and DOES NOT provide any legal services or advice whatsoever. Our Services are provided to you for your personal and private use and DOES NOT constitute the practice of law, legal advice or DOES NOT establish any attorney-client relationship whatsoever. We offer as a part of our Services self-help, “fill in the blank” forms and templates. The Terms will control any purchase or download you make from the Site. You understand that your purchase, download, and/or use of a form document and/or our Services is not legal advice and does not constitute the practice of law. It is important to understand that our Services are not a substitute for the advice or services of an attorney. If you have a particular need or matter that requires legal advice, or if your matter is too complex to be addressed by our resources and Services, you should consult a licensed attorney in your area. At no time is an attorney-client relationship or any other special relationship created between you and Lifetime Planners or any employee or other person associated with Lifetime Planners, and any information you provide us is not protected by attorney-client privilege or as work product. You are and will be representing yourself in any matter you undertake using the Services.
Our Site and Services provide a platform for general legal information and self-help by providing resources, tools and materials to assist you with the preparation, execution and storage of your own legal documents and related information. Lifetime Planners strives to keep the documents, forms, materials, information and other help resources made available through the Services, (collectively, “Resources”) current. However, due to the fact that the law varies from jurisdiction to jurisdiction, and may be subject to differing interpretation be different courts, the Services are not guaranteed to be current, correct, complete or up-todate, and are not legal advice. Because each individual’s circumstances are unique, no general information or self-help resources such as the Services can be expected to fit every circumstance or meet every individual’s need. The Resources are not customized or tailored to meet your specific and particular needs. We do not review the Resources or any information you input when creating an account or completing a form for accuracy, correctness, completeness or legal sufficiency, to draw legal conclusions, to provide opinions about your use of forms or information entered therein, to provide legal advice or apply the law to the facts of your particular situation. Again, you understand that our Services is not the practice of law nor legal advice, and that the Resources are not customized or tailored to meet your specific or particular needs. Therefore, you should consult a licensed attorney in your area if you have a particular need or matter that requires legal advice or your specific problem is too complicated to be addressed our resources and Services.
AGAIN, YOU UNDERSTAND THAT YOU ARE NOT COMMUNICATING OR CONSULTING WITH ATTORNEYS WHEN USING THE SERVICES. LIFETIME PLANNERS IS NOT A LAWFIRM AND THIS SITE AND SERVICES ARE NOT INTENDED TO CREATE ANY ATTORNEY-CLIENT RELATIONSHIP, AND YOUR USE OF LIFETIME PLANNERS DOES NOT AND WILL NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND LIFETIME PLANNERS. YOU UNDERSTAND THAT WE DO NOT REVIEW ANY INFORMATION YOU INPUT FOR ACCURACY, CORRECTNESS, COMPLETENESS OR LEGAL SUFFICIENCY. YOU UNDERSTAND THAT THE SERVICES AND ITS PROCESS IS AUTOMATED, AND THAT ANY ERRORS IN SPELLING, COMPLETENESS, CONSISTENCY OF NAMES, ADDRESSES, AND ANY OTHER SIMILAR INFORMATION INPUTTED IS SOLELY YOUR RESPONSIBLITY. YOU WILL BE SOLELY RESPONSIBLE TO PROOF, REVIEW AND READ THE FINAL DOCUMENT(S) BEFORE SIGNING, AND AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL DOCUMENT(S).
3.SecuritY.
You must provide correct, accurate, complete and current information when you open an account to use or access the Services or provide us with information in connection with a purchase or transaction, or your account. You will also be asked to provide a user name, email address and password. You are entirely responsible for the maintaining the confidentiality of your password and account access. You are solely responsible for the activity that occurs on your account. You must keep your account password secure and you may not use a third party's account at any time. Lifetime Planners shall not be liable for any losses you incur as a result of someone else's use of your account. You may be held liable for any losses incurred by Lifetime Planners due to someone else’s use of your account.
4. Prohibited Activities.
The following activities are strictly prohibited, and you agree not to engage in any of following:
1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
2. Publish, post, upload, distribute or disseminate any names, materials, or information that is considered inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful;
3. Create a false identity, represent yourself as someone else, or sign an agreement as someone else or on behalf of someone else or otherwise falsify or delete in an uploaded file any significant attributions or notices;
4. Copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
5. Using any automated system to access the Services in a manner that sends more request messages to the Lifetime Planners servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Lifetime Planners grants the operators of public search engines revocable permission to use spiders to copy materials from publicly accessible web pages at LifetimePlanners.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
6. Transmitting spam, chain letters, or other unsolicited email;
7. Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services;
8. Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
9. Uploading invalid data, viruses, worms, or other software agents through the Services;
10. Collecting or harvesting any personally identifiable information, including account names, from the Services;
11. Using the Services for any commercial solicitation purposes;
12. Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
13. Interfering with the proper working of the Services;
14. Accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or
15. Bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
We reserve the right, in our own discretion, to review and remove materials posted to the Site, in whole or in part, with or without notice and with no liability of any kind. We reserve the right to disclose any materials posted, information or activity as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
5. User Content, Communication, Comments Rights and Responsibilities.
You are solely responsible for your interactions with other users of the Services. We reserve the right but have no obligation to monitor disputes and interactions between you and other users. Lifetime Planners shall have no liability for your interactions with other users, or for any user’s action or inaction. Some areas of the Services may permit users to post, submit, display or otherwise make available content such as profile or transaction information, reviews, recommendations, testimonials, comments, writings, questions, answers, pictures and other content or information (“User Content”). Lifetime Planners is not the publisher or author of the User Content takes no responsibility and assumes no liability for any content posted by you or any third party.
You are legally responsible for any User Content that you post or transmit using any Services that allow interaction or dissemination of information. You agree that you will not post or submit User Content that:
1. Is known by you to be false, inaccurate or misleading;
2. Includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;
3. Contains any computer virus, worms, or other potentially damaging computer programs or files;
4. May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
5. May create a risk of any other loss or damage to any person or property;
6. seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
7. May constitute or contribute to a crime or tort;
8. Contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, religiously biased or offensive, defamatory, infringing, invasive of personal privacy or publicity rights,harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
9. Violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising). Please see Compliance with Export Restrictions below;
10. Contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
11. Contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
12. Includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;
13. Contains any information or content that you know is not correct and current. You agree that any User Content that you post or submit does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. You acknowledge and agree that any User Content that you post may be displayed and disclosed to other users as permitted through the functionality of the Services. Lifetime Planners reserves the right, but is not obligated, to edit, remove, recategorize, pre-screen, reject and/or otherwise modify any User Content that Lifetime Planners believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Services is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization; or
14. Otherwise violates these Terms.
For the purposes of these Terms, all copyright rights, patent rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction shall be defined herein as “Intellectual Property Rights”.
In connection with your User Content, you affirm, represent and warrant that:
1. Your User Content and Lifetime Planners’s use thereof as contemplated by these Terms and the Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
2. Lifetime Planners may exercise the rights to your User Content granted under this Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
3. To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
In connection with your User Content and also when accessing the Site or using the Services, you agree not to upload, download, display, transmit, perform or otherwise distribute any content that:
1. Is libelous, defamatory, obscene, pornographic, abusive or threatening;
2. Advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or
3. Advertises or otherwise solicits funds or is a solicitation for goods or services. Lifetime Planners reserves the right to terminate or delete such material from its servers. Lifetime Planners will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
In connection with your User Content, if you submit a testimonial, review, recommendation or similar content to us, then you agree that we may publish such User Content, together with your name and any logo that you upload or provide to us, on the Site or affiliate site and in such position as we may determine in our sole discretion. You further agree that we may edit such testimonial or review and publish edited, modified or partial versions of such User Content, and not include your full name or use an alias in place of your name for privacy. Your further agree that such User Content may be used for marketing, advertising, publicity, promotions or other business-related purposes without compensation to you.
Lifetime Planners assumes no liability and takes no responsibility whatsoever for any User Content that you or any other user or third party posts or sends over the Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Lifetime Planners shall not be liable for any damages you may incur as a result of User Content. You expressly grant, and you represent and warrant that you have a right to grant, to Lifetime Planners a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services without compensation to you. You also hereby grant each user of the Services a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Services and under this these Terms without compensation to you.
The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from the Services. We may retain and use your User Content as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your User Content quickly upon request. Please note, however, that there might be latency in deleting User Content from our servers and backed-up versions might exist after deletion. In addition, we do not delete User Content from our servers that you have in common with other users.
6. Rights and Responsibilities.
With the exception of your User Content, the Services and all materials and resources therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, trade dress, copyrights, photographs, audio, videos, and music (the “Service Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Lifetime Planners and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, duplicate, adapt, edit or create derivative works from any materials or content accessible on the Services, or circumvent or disable any security or technological features of our Services. Use of the Service Content, resources or materials on the Services for any purpose not otherwise expressly permitted by these Terms is strictly prohibited. In addition, the look and feel of Lifetime Planners is the service mark, trademark, trade dress and Intellectual Property Right of Lifetime Planners and are subject to the aforementioned prohibitions.
From time to time we may invite you to (or you may choose to) submit feedback or comments about the Services, including without limitation about how to improve the Services or our products, or some other similar suggestions (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Lifetime Planners under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Lifetime Planners does not waive any rights to use similar or related ideas previously known to Lifetime Planners, or developed by its employees, or obtained from sources other than you.
7. No Assignable Rights.
The Terms and any rights and licenses granted hereunder may be transferred or assigned by Lifetime Planners at anytime without restriction but shall not be transferred or assigned by you.
8. Limited License.
Lifetime Planners grants you a limited, non-exclusive, non-transferable, freely revocable license to use the Services as designed (subject to your compliance with the terms and conditions of these Terms). Lifetime Planners reserves all rights not expressly granted herein in the Services and the Service Content. Lifetime Planners may terminate this license at any time for any reason or no reason. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Resources or Service Content in any manner, except for modifications in filling out the Resources for your authorized use. You shall not remove any copyright notice from any of the Resources.
9. Payment.
You agree to the terms of sale, pricing, payment and billing policies applicable to any aspect of the Services provided to you. Lifetime Planners may add new services for additional fees and charges, and retains the right to amend fees and charges for existing services, at any time in its sole discretion. You authorize Lifetime Planners to charge your credit card, debit card (or other valid method of payment) for all fees and charges incurred in connection with your use of the Services, including government fees, taxes and other third party fees.
You may cancel your account at any time after registering with Lifetime Planners. However, there are no refunds for cancellation and all sales are final. If Lifetime Planners suspends or terminates your account or these Terms, you understand and agree that you will receive no refund, reimbursement, exchange or credit for any Services, Service Content, any unused time or service on a subscription, any license or subscription fees for any portion of the Services, any content or data associated with your account. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You will pay any applicable taxes and fees, if any, relating to any such purchases, transactions or other monetary transaction interactions.
10. Privacy Policy.
We respect the privacy of our Users. Please view our Privacy Policy. You consent to have your personal data collected, used, transferred to and processed in the United States. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You agree that you provide your personal information and other data provided to Lifetime Planners at your own risk. By creating an account, you agree that you may receive communications from Lifetime Planners, such as newsletters, special offers, promotions, and account reminders and updates. You also understand that you can opt out or remove yourself from these communications by following the opt-out instructions provided in those emails, or by sending an email to support@lifetimeplanners.com. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.
11. DMCA Notice.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that any material on our website infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with Lifetime Planners's designated Copyright Agent. For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Services;
4. Information reasonably sufficient to permit Lifetime Planners to contact you, such as your address, telephone number, and, e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Please submit the above information to: Attention: DMCA Notice: Lifetime Planners Group, LLC Email: support@lifetimeplanners.com
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Lifetime Planners and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Lifetime Planners’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Lifetime Planners has adopted a policy of terminating, in appropriate circumstances and at Lifetime Planners’s sole discretion, members who are deemed to be repeat infringers. Lifetime Planners may also at its sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
12. Third party services.
Our Site and the Services may contain links to third-party websites, advertisers, sponsorships, resources, businesses, services, special offers, or other events or activities (“Mediums”) that are not owned or controlled by Lifetime Planners. These Mediums are provided for your convenience to help you identify and locate other resources that may be of interest to you. Lifetime Planners does not sponsor, endorse or assume any responsibility for any such Mediums. Lifetime Planners does not control, endorse or monitor the contents of any third party websites or links. That includes, without limitation, any changes or updates to any third party websites or links. Lifetime Planners is not responsible for webcasting or for any other form of transmission received from any third party websites or links. If you access a third party website or link from the Services,you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such sites. You hereby expressly relieve Lifetime Planners from any and all liability arising from your use of any third-party website, service, or content and Mediums. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Lifetime Planners shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
13. Indemnification.
You agree to defend, indemnify and hold harmless Lifetime Planners and its agents, representatives, licensors, managers, and other affiliated companies, and their members, managers, employees, contractors, service provider, consultants, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees and all related costs and expenses of arbitration and litigation) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms this terms of service, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party's access and use of the Services with your unique username, password or other appropriate security code.
14. No Warranty.
THE SITE, SERVICES AND ALL MATERIALS, DOCUMENTS, FORMS, CONTENT AND RESOURCES PROVIDED ON OR THROUGH YOUR USE OF THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIFETIME PLANNERS OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, LIFETIME PLANNERS AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS;
THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE OR FREE FROM ERRORS; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE OR YOUR USE OF THE SERVICES. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
LIFETIME PLANNERS DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE LIFETIME PLANNERS SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND LIFETIME PLANNERS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
15. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIFETIME PLANNERS, ITS AFFILIATES, AGENTS, MANAGERS, MEMEBERS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICES. UNDER NO CIRCUMSTANCES WILL LIFETIME PLANNERS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIFETIME PLANNERS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT; (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) ANY USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. LIFETIME PLANNERS EXPLICITLY DISCLAIMS ANY AND ALL LIABILITY AND/OR RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION THAT MAY BE DEEMED CONFIDENTIAL BY YOU OR ANY THIRD PARTY. IN NO EVENT SHALL LIFETIME PLANNERS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO LIFETIME PLANNERS HEREUNDER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LIFETIME PLANNERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
16. Compliance.
The Services are controlled and operated from the United States and you may not access, use or export the Services in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. Lifetime Planners makes no representations that the Services are appropriate or available for use in other locations. You are entirely responsible for compliance with all applicable local laws and regulations, including but not limited to export and import regulations if you access or use the Services from any other jurisdiction. You may not use the Services if you are a resident outside the United States, of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.
17. Controlling Law.
The Terms and Services shall be governed by laws of the state of Texas. The Services shall be deemed passive that do not give rise to personal jurisdiction over Lifetime Planners, either specific or general, in jurisdictions other than Texas. You expressly agree that your rights and obligations, these Terms and any disputes shall be governed by and interpreted in accordance with the laws of the state of Texas, excluding its choice of law rules. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and Lifetime Planners that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in Harris County, Texas, unless submitted to arbitration as set forth in the following paragraph. The foregoing sentence shall not apply to North Carolina consumers. You also acknowledge and agree that you and Lifetime Planners are each waiving the right to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Lifetime Planners otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
18. Dispute Resolution.
Most customer concerns can be resolved immediately and to the customer's satisfaction by contacting our Customer Care Center at support@lifetimeplanners.com. In the unlikely event that the our Customer Care Center is unable to resolve your issue, you and Lifetime Planners agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or the Site (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Lifetime Planners are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Lifetime Planners otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
19. Arbitration.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by the "Dispute Resolution" section. (The AAA Rules are available by contacting the AAA at 1-800- 778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Texas and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Unless you and Lifetime Planners otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Lifetime Planners submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Lifetime Planners will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Lifetime Planners will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the “Termination or Modification” section or any other related sections, if Lifetime Planners changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated by the date shown above or in the date of Lifetime Planners’s email to you notifying you of any such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Lifetime Planners in accordance with the provisions of the “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
20. Notifications.
Lifetime Planners may provide notifications, whether such notifications are required by law or are for marketing, publicity, promotions or other business-related purposes, to you by email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Lifetime Planners in our sole discretion. Lifetime Planners reserves the right to determine the form and means of providing notifications to our users. Lifetime Planners is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add support@lifetimeplanners.com to your email address book to help ensure you receive email notifications from us.
21. Right to Refuse.
You acknowledge that Lifetime Planners reserves the right to refuse service to anyone and to cancel user access at any time.