Customer agrees to familiarize him or herself with the legalities of any campaigns run through the ConstantPLAN services. While not comprehensive, below are websites that the customer agrees to be familiar with rules and regulations, and Customer agrees to not violate any rules or regulations listed, nor any similar laws that may govern federal, state or local rules and regulations.
WARNINGS OF LEGAL CONSEQUENCES:
COMPLIANCE WITH FEDERAL, STATE AND LOCAL REGULATIONS
1. Who We Are: “ConstantPLAN” is a trade name of ConstantPLAN, LLC, a Wyoming limited liability company, that owns and operates the website with the URL: http://www.constantplan.com (the “website”).
4. Eligibility: We require that any Member be at least eighteen (18) years of age. By using the Services, you represent and warrant that you are at least eighteen (18) years of age and that your use of the Services does not violate any applicable law or regulation. Your account will be suspended, deleted, or closed, based on ConstantPLAN judgment, if we have reason to believe that you are under eighteen (18) years of age.
5. Charges And Payments:
5.1 Our charges for monthly plans are posted on our Website and may be changed from time-to-time. Payments are due for the full month for which any part of the month is included in the “Term.” Payments are due for any month on the same date, or the closest date in that month, to the date of the month you signed up with us and made your first monthly payment (the “Pay Date”). For any month for which you have already paid, for which you increase your services, or add content or anything else that will cause you to go to another pricing level, except as otherwise provided in this Agreement, you will be required to pay at the higher level on or before the Pay Date for the following month. If the Term ends before such payment is due, you will still be required to make one payment at the higher level.
5.2 As long as you are a Member or have an outstanding balance with us, you agree to at all times provide us with valid credit card information and authorize us to deduct the monthly charges against such credit card and to replace the information for any credit card that expires with information on a different valid credit card. Any individual using a credit card represents and warrants that he or she is authorized to use such credit card.
5.3 We are required to provide a refund only if we terminate our Services to you without cause before the end of a month for which you have paid. There is no other circumstance in which you will be entitled to a refund from us. We may, at our sole discretion, offer refunds in other situations subject to any Member seeking such refund applying for the refund in accordance with the requirements we post on the website, which may be changed from time to time.
6. Term, Termination and Removal: Either party may terminate the Term of this Agreement at any time for any reason by providing Notice to the other party. We may suspend our Services to you at any time with or without cause. We will refund a pro rata portion of your monthly prepayment if we terminate you without cause. We will not refund and/or reimburse you in such manner, if there is cause, such as your using our system to send phone calls, sms messages, bulk emails, appointment reminders to people with whom your relationship does not meet the requirements listed below. Once terminated, we may remove any of your electronic newsletters or other emails and related data and files from our Website and any other storage.
7. Account and Password: You are responsible for maintaining the confidentiality of any account name and password. You are solely responsible for uses of any account provided to you, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of any account of yours.
8. Proprietary Rights Owned by Us : You acknowledge that we, or our suppliers, own all proprietary rights in the Website and the software used to provide the Services, including, but not limited to, any patents, trademarks, service marks and copyrights.
9. Proprietary Rights Owned by You: You represent and warrant to us that you will not add or upload any content to the Website to create an electronic newsletter, or promote products, or services for any other purpose unless you are the owner of all proprietary rights in that content (or have been given a valid license from the owner of the proprietary rights in such content) and have obtained releases for all related privacy and publicity rights.
10. General Rules: You agree to the following:
11. Anti-Spam and Abuse Related Rules: You agree to the following:
12. Requirements: You agree that you will use:
13. You should only use ConstantPLAN to send newsletters, updates and promotions to people who specifically requested email from you, or otherwise meet the requirements of 11 above.
14. ConstantPLAN does reserve the right to refuse service or to terminate accounts for any user, and to change eligibility requirements at any time, in its sole discretion.
15. Fees, Refunds and Account Suspensions. You agree: ConstantPLAN reserves the right to change our fees at any time by posting a new fee structure to our Website and/or sending you a notification of the change by email.
16. Avoiding Spam Related Problems – It’s in our best interest to keep our system clean, because our reputation and deliverability depends on it. So here’s what we do:
17. Reporting Abuse – We take abuse reports seriously at ConstantPLAN. If you’ve received spam that you think came from a ConstantPLAN user, we want to hear about it. Please report the fact that you received spam from what appears to be a ConstantPLAN user to us by using this email address: email@example.com
18. No Warranties: to the maximum extent permitted by law, the material on this website and the services (including all content, software, functions, services, materials and information made available herein or accessed by means hereof) are provided as is, without warranties of any kind, either express or implied, including but not limited to, warranties of merchantability and fitness for a particular purpose.
19. Limitation of Liability: to the maximum extent permitted by law, you assume full responsibility and risk of loss resulting from your use of the website and the services including any downloads from the website. Under no circumstances shall we or any of our employees or representatives be liable for any indirect, punitive, special or consequential damages even if we or any of our employees or representatives have been advised of the possibility of such damages. our total liability in any event is limited to the amount, if any, actually paid by you for use of the website and the services for the one month period ending on the date a claim is made and you hereby release us and our employees and representatives from any and all obligations, liabilities and claims in excess of this limitation.
20. Indemnity: You agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses (including, but not limited to, attorney fees) resulting from any claims not permitted under this Agreement due to a “Limitation of Liability” or other provision, that you assert, or may assert, based on or relating to your use, or the use of any individual using your password, of this Website or the Services. You further agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses resulting from claims of third parties, including, but not limited to, attorney fees, that result in whole or in part from allegations of conduct by you that, if true, would constitute a violation by you, or any individual using your password, of any of the terms of this Agreement.
Abusive Conduct: (a) violations of provisions of this Agreement to avoid ConstantPLAN being viewed as a source of spam such as sending Emails, SMS messages and pre-recorded messages to people who have not consented to receiving bulk emails, SMS messages or pre-recorded messages from you in the immediately preceding 12 months and to whom you are not otherwise authorized to send Emails, SMS messages or pre-recorded messages under 11 above; sending Emails SMS messages or pre-recorded messages offering the types of products or services set forth in 11 above; or sending pre-recorded messages, SMS messages or email messages that include false or misleading headings or other content or otherwise violate anti-SPAM laws or Robo Dialing Laws. Liquidated Damages: Five times the total of our then current monthly charge rate over a period of 1 year (i.e. 5 times 12 times our monthly charges), but not less than $900.
Abusive Conduct: (b) violations of provisions of this Agreement designed to protect ConstantPLAN from its users taking actions to use ConstantPLAN resources in a way not permitted hereunder such as using our Services to host images other than for Emails and SMS messages you send out using the Services such as for your website; or sending out any Pre-recorded messages or SMS messages or Email messages created using the Services, other than via the Services. Liquidated Damages: Four times the total of our then current monthly charges over a period of 1 year (i.e. 4 times 12 times our monthly charges), but not less than $720.
22. Attorney Fees: In the event we file an action against you claiming you breached this Agreement and seeking to recover liquidated damage and/or other relief, and we prevail, we shall be entitled to recover reasonable attorney’s fees in addition to any damages or other relief which we may be awarded.
23. Disclaimers: We disclaim and are not responsible for the behavior of any advertisers, linked websites or other users.
24. U.S. Export Controls: The software that supports the Services (the “Software”) is further subject to United States export controls. None of the Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. Downloading or using any of the Software is at your sole risk.
25. Restricted Rights: Notice to U.S. Government End Users. The Software, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. § 227.7202, as applicable, consistent with 48 C.F.R. § 12.212 or 48 C.F.R. §§ 227.7202-1 through 227.7202-4, as applicable. The Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is ConstantPLAN, LLC located at 690 U.S. 89 HWY #200, Jackson, WY 83001.
26. Reporting Violation : If you become aware that any other person is violating any of the terms and conditions of this Website, please notify us immediately. If you believe that any person has posted material in violation of any copyrights that you may have, you may notify us in writing at firstname.lastname@example.org. If you believe that any user of this Website has posted materials in violation of any other rights that you may have, you may notify us for consideration of removal, at the judgment and discretion of ConstantPLAN.
27. Assignments: You may not assign any of your rights hereunder. We may assign all rights to any other individual or entity at our discretion.
28. Compliance With Law: In using the Services, you agree that you will comply with all applicable laws.
30.1 Force Majeure : We shall not be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, then current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or overloading or slow-downs over the internet or any third party internet service providers.
30.2 Survivability: The ownership and proprietary rights provisions set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
30.3 Severability: The unenforceability or invalidity of any term, provision, section or subsection of this Agreement shall not affect the validity or enforceability of any remaining terms, provisions, sections or subsections of this Agreement, but such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto.
30.4 Interpretation: The fact of authorship by or at the behest of a party shall not affect the construction or interpretation of this Agreement.
30.7 Further Actions: You agree to execute any and all documents and take any other actions reasonably required to effectuate the purposes of this Agreement.
30.8 Notification of Security Breach : In the event of a security breach that may affect you, or individuals listed on one or more of your SMS, pre-recorded messaging or Email distribution lists (each a “List”), we will notify you of the breach and provide a description. In the event we reasonably determine, and notify you, that it is necessary for all or part of such information to be forwarded on to individuals on one or more of your Lists, you will promptly forward such information to the individuals on such List or Lists.
30.9 Amendments: No amendment or other change of this Agreement shall be effective unless and until the revised Agreement is posted by us on the Website.
30.10 Notices: Any notice to you will be effective when sent to the last email or physical address you have given us or posted on our Website. Any notice to us will be effective when delivered and with confirmation of receipt at our physical address which is made available and current on the website.
30.11 No Changes in Agreement at Request of Member.