PLAN YOUR STORY, LTD. TERMS OF SERVICE – MASTER SUBSCRIPTION AGREEMENT
Last updated: June 26, 2017
As used in this Agreement and in any Order Forms now or hereafter associated herewith: “Agreement” or “MSA” means this online services agreement, and any Order Forms, whether written or submitted online via the Plan Your Story Online Order Center, and any materials available on the Plan Your Story website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by Plan Your Story from time to time in its sole discretion;
“Content” means the audio and visual information, documents, software, products and services contained or made available to Client in the course of using the Service;
“Client, You or Client’s” means the individual or legal entity, its directors, officers, affiliates agents, and employees, as identified in the registration and identification data provided to Plan Your Story via this web site;
“Client Data” means any data, information or material provided or submitted by Client to Plan Your Story in the course of utilizing the Service;
“Confidential Information” means: (a) the Website; (b) all Client data used by Plan Your Story in providing the service; (c) any business or technical information of Plan Your Story or Client; (d) the specific terms and pricing set forth in this Agreement; and (e) information which is not marked as “confidential” or “proprietary” which should, under the circumstances, be understood to be confidential or proprietary by a person exercising reasonable business judgment.
“Effective Date” means the date the plan account is purchased and/or the Service Agreement is signed .
“Subscription Service” means our wellness program and employee engagement services, educational content and video on the Plan Your Story website;
“Initial Term” means the period during which Client is obligated to pay for the Service equal to the billing frequency selected by Client during the subscription process, i.e. if the billing frequency is annually, the Initial Term is one year;
“Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature;
“License Term(s)” means the period(s), excluding the Initial Term, during which Users are licensed to use the Service pursuant to the Service Agreement(s);
“Service Agreement(s)” means the initial subscription for the Service, the services contracted for, the applicable fees, the billing period, and other charges as agreed to between the parties and each such Service Agreement shall be incorporated into and become a part of this Agreement. In the event of any conflict between the terms of this Agreement and the terms of any such Service Agreement, the terms of this Agreement shall prevail;
“Plan Your Story” means Plan Your Story, LTD., a Nevada corporation, having its principal place of business at PO Box 40915, Reno, Nevada 89504.
“Plan Your Story Wellness Program” means all of Plan Your Story’s proprietary materials (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to Client by Plan Your Story in providing the Service;
“Service(s)” means the specific edition of Plan Your Story’s service and online strategic plan identified during the Service Agreement, developed, operated, and maintained by Plan Your Story accessible via or another designated web site or IP address or ancillary services rendered to Client by Plan Your Story’s, to which Client is being granted access under this Agreement, including the Plan Your Story Technology and the Content;
“Member(s)” means Client’s employees, representatives, consultants, contractors or agents who are authorized to use the Service and have been supplied user identifications and passwords by Client (or by Plan Your Story at Client’s request).
Subscription Services Payment, Renewal, Terms
Fees: The Client agrees to pay all fees or charges to its account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable as a consideration for the Services provided by Plan Your Story. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. If Customer does not pay the amounts due within 30 days of the due date, Plan Your Story may suspend or terminate the Service, or both.
Term and Renewal: Professional and Enterprise Package Agreements are for an initial term of one (1) year from the Effective Date.
The Subscription Service is billed in advance on a monthly or annual basis. Plan Your Story will automatically renew and or generate an invoice or bill the Client’s credit card for the monthly or annual subscription based on the Client’s selected Subscription Term.
Refunds: There will be no refunds or credits for partial use of Subscription or early termination of a pre-paid agreement. In order to treat everyone equally, no exceptions will be made.
Payment by Credit Card: If you are paying by credit card, you authorize us to charge your credit card or bank account for all fees payable at the beginning of the Initial Subscription Term and any renewal subscription term(s), including upgrades. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.
Payment by Invoice: If you are paying by invoice, we will invoice you at the beginning of the Initial Subscription Term and at the beginning of each subsequent Billing Period. All amounts invoiced are due and payable within thirty (30) days from the date of the invoice. You are responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information.
Cancellation and Termination
You may provide a cancellation via email or phone to a Plan Your Story Advisory at 775-800-6271.
Member Service Level Commitment
Member Support: System support is included in your Subscription Fee. Phone support for the Subscription Service is available 8AM to 5PM Pacific Time, Monday through Friday, excluding US national holidays. We accept webform support questions 24 Hours per Day x 7 Days per Week. Webform responses are provided during phone support hours only. We attempt to respond to webform support questions within one business day; in practice, our responses are generally even faster. We do not promise or guarantee any specific response time.
Availability: We try to make the Subscription Service, including the platform, mobile application and Company Program Dashboard, available 24 hours a day, 7 days a week, except for planned down-time for maintenance. If there is a planned upgrade or maintenance, Plan Your Story will notify you well in advance. We will also notify you of the upgrade enhancements. Plan Your Story’s services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Plan Your Story is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Tracking & Data Storage
Plan Your Story tracks Client usage on the Website in order to improve your experience and our level of service. No data is shared. We will maintain commercially appropriate administrative, physical, and technical safeguards to protect Client Data. You consent to the processing of Client Data in the United States.
All data submitted by Client to Plan Your Story, whether posted by Client or by third parties, shall remain the sole property of Client or such third parties, as applicable, unless specifically notified in advance. Client, not Plan Your Story, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Client Data.
If the Client decides to terminate, the Client may download all of his data into a Word, or PDF document prior to termination. If Client cancels service, Plan Your Story will retain a copy of Client’s Content for 1 year and will not destroy such data unless directed to do so by Client. If Client directs Plan Your Story to delete and destroy Client’s Content, Plan Your Story will do so within 14 days of such request and notify Client once the Content has been destroyed.
Security Policy and Mutual Confidentiality
Plan Your Story takes all reasonable precautions to keep your information safe and secure.
Protection of Confidential Information. The Client must use the same degree of care that it uses to protect the confidentiality of its own confidential information (but in no event less than reasonable care) not to disclose or use any Confidential Information of Plan Your Story for any purpose outside the scope of this agreement. The Client must make commercially reasonable efforts to limit access to Confidential Information of Plan Your Story to those of its employees and contractors who need such access for purposes consistent with this agreement and who have signed confidentiality agreements with Client no less restrictive than the confidentiality terms of this agreement.
Exclusions: Confidential Information does not include information that: (a) is or becomes generally known to the public through no fault of or breach of this Agreement by the receiving party; (b) is rightfully known by the receiving party at the time of disclosure without an obligation of confidentiality; (c) is independently developed by the receiving party without use of the disclosing party’s Confidential Information; or (d) the receiving party rightfully obtains from a third party without restriction on use or disclosure.
Intellectual Property Rights, Knowhow and Publicity
Plan Your Story Rights: All intellectual property rights (including, but not limited to patent rights, design rights, copyrights, rights in utility models, rights in databases, trademark rights, domain names, trade names, etc.) and knowhow in the published materials used by Plan Your Story, the Account, and as may be, the lay-out of Deliverables, shall at all times be and remain the exclusive property of Plan Your Story. Except for the license to use the Account according to this MSA, no intellectual or other proprietary rights are transferred or assigned through the MSA to the Client.
Client Rights: Plan Your Story grants the Client and its End User(s) a personal, worldwide, non-assignable and non-exclusive license to use the website provided to Client by Plan Your Story as part of the Services. This license is for the sole purpose of enabling Client and its Member(s) to use and enjoy the benefit of the Services as provided by Plan Your Story, in the manner permitted by this MSA.
Plan Your Story may use without Client’s express written consent Client’s name, logo and related trademarks in any of our marketing for the promotional purpose of highlighting that you use Plan Your Story Services. If Client does not want Plan Your Story to use this information, please contact Plan Your Story.
Clients and Members are permitted to store, manipulate, analyze, reformat, print, and display the Content only for your internal business use. Unauthorized use, resale or commercial exploitation of the Service and/or the Content in any way is expressly prohibited. You agree not to reverse engineer the Service, or access the Service in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Service, or (iii) copy any ideas, features, functions or graphics of the Service. You shall not copy, license, sell, transfer, make available, distribute, or assign this license or the Content to any third-party, or (iv) modify or make derivative works based upon the Plan Your Story or the Content; (v) commercially exploit the Service or the Content in any way, or (vi) “frame” or “mirror” any Content contained in, or accessible from, the Service on any other server, wireless or Internet-based device. All rights not expressly granted to Client are reserved by Plan Your Story and its licensors.
Client shall indemnify and hold Plan Your Story’s, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Client Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by Client of the representations and warranties; or (iii) a claim arising from the breach by Client or Users of this Agreement, provided in any such case that Plan Your Story (i) gives written notice of the claim promptly to Client (ii) gives Client sole control of the defense and settlement of the claim (provided that Client may not settle or defend any claim unless it unconditionally releases Plan Your Story of all liability and such settlement does not affect Plan Your Story's business or Service); (iii) provides to Client all available information and assistance; and (iv) has not compromised or settled such claim.
Plan Your Story shall indemnify and hold Client and its parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that the Service directly infringes a copyright, a U.S. patent issued as of the Effective Date, or trademark of a third party; (ii) a claim, which if true, would constitute a violation of Plan Your Story of the representations or warranties; or (iii) a claim arising from breach of this Agreement by Plan Your Story; provided that Client (i) promptly gives written notice of the claim to Plan Your Story’s; (ii) gives Plan Your Story sole control of the defense and settlement of the claim (provided that Plan Your Story may not settle or defend any claim unless it unconditionally releases Client of all liability); (iii) provides to Plan Your Story all available information and assistance; and (iv) has not compromised or settled such claim. Plan Your Story shall have no indemnification obligation, and Client shall indemnify Plan Your Story pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Service with any of Client’s products, service, hardware or business process(es).
In particular, and without prejudice to the generality of the limitation of liability as mentioned herein, no guarantee is given by Plan Your Story for i) the correctness and accuracy of the Content and the Deliverables that can be consulted through the Account, ii) an unrestricted use of the Deliverables in the Account and the Content, and iii) an uninterrupted use of the Account and the Content.
Representation & Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Plan Your Story represents and warrants that it will provide the materials in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the program will perform substantially in accordance with the online Plan Your Story help documentation under normal use and circumstances. Client represents and warrants that it has not falsely identified itself nor provided any false information to gain access to the Service and that Client’s billing information is correct.
Disclaimer of Warranties
Plan Your Story ensures that it will perform the Services under this MSA to the best of its ability, without any warranties as to the results of such Services. Plan Your Story and its licensors make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the service or any content; Plan Your Story and its licensors do not represent or warrant that (a) the service will meet Client’s requirements or expectations, (b) any stored data will be accurate or reliable, (c) the quality of any products, services, information, or other material purchased or obtained by Client through the service will meet Client’s requirements or expectations, (f) existing features of the product will be modified to meet Client’s requests or needs, or (g) the service or the server(s) that make the service available are free of viruses or other harmful components; (iii) the service and all content is provided to Client strictly on an “as is” basis; and (iv) all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by Plan Your Story and its licensors.
Limitation of Liability
In no event shall either party’s aggregate liability exceed the amounts actually paid by and/or due from Client in the twelve (12)-month period immediately preceding the event giving rise to such claim. In no event shall either party and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with this service, including but not limited to the use or inability to use the service, or for any content obtained from or through the service, any interruption, inaccuracy, error or omission, regardless of cause in the content, even if the party from which damages are being sought or such party’s licensors have been previously advised of the possibility of such damages.
Disclaimer of Use
By participating in/reading my coaching service/website/blog/workbook or email series, you acknowledge that Plan Your Story, LTD., is not a licensed psychologist or health care professional and our services do not replace the care of psychologists, healthcare professionals, real estate professionals, financial planners, tax advisors, legal advisors, accountants or other licensed professional services. Our educational program is in no way to be construed or substituted as services from agents for the above industries or industries not mentioned. Content is not intended to replace or serve as substitute for professional consultation or service. We will at all times exercise our best professional efforts, skills and care. However, we cannot guarantee the outcome of coaching efforts and/or recommendations on our website/blog/workbook or email series and our comments about the outcome are expressions of opinion only. We cannot make any guarantees other than to deliver the education and coaching services purchased as described.
No counselor-client relationship
Use of the Plan Your Story workbook and Plan Your Story website does not constitute the establishment of a counselor-client relationship between Plan Your Story, LTD., and a user/customer, and does not obligate Plan Your Story, LTD. to follow-up, contact, or accept as a consultative client any users of this workbook or website (http://www.PlanYourStoryToday.com). If you are experiencing any emotional or personal problem or are considering making decisions for your life, marriage or other relationship, and are seeking advice, you should base any and all decisions on the judgment and advice of your personal counselor or physician who has evaluated you face-to-face.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to Client.
With respect to all Clients, this MSA shall be governed by Nevada law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Reno, Nevada. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between Client and Plan Your Story as a result of this agreement or use of the Service. The failure of Plan Your Story to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Plan Your Story in writing. This Agreement, together with any applicable Order Form, comprises the entire agreement between Client and Plan Your Story and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
Questions or Additional Information:
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to info@PlanYourStoryToday.com
Last updated: March 9, 2018