Preferred Planning Associates Inc. | MyPreferredPlan.com
Last Updated: June 2013
Welcome to www.mypreferredplan.com (the “Site”). This page (“Notice”) states the terms and conditions of the Site. Please review this Notice carefully. By accessing, browsing, or using the Site (“Use”), all users and viewers (“You,” “you,” “User,” or “user”) acknowledge acceptance of the terms and conditions listed in this Notice. If you do not accept the terms and conditions listed in this Notice, please do not use the Site. MyPreferredPlan.com and (“Preferred Planning Inc.”) reserve the right to update this Notice from time to time in its sole discretion. You should review this Notice periodically for updates and changes.
The Site and any related services are available to you, provided that you can form legally binding agreements under applicable law. The Site is not available to minors. If you are a minor, please do not use the Site.
MyPreferredPlan.com grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the materials displayed on the Site solely for your personal and non-commercial use for yourself or within your organization. All materials displayed or made available on the Site, including, but not limited to, graphics, documents, text, images, sound, video, audio, artwork, software, and HTML code (collectively, the “Material”) are exclusive property of MyPreferredPlan.com or its content suppliers. The Materials are protected by U.S. and international copyright laws and any other applicable intellectual property rules, regulations, and laws. Except as expressly permitted herein, you shall not (i) use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Material, or (ii) use the Material on other web sites or any media, e.g., networking environment, without MyPreferredPlan.com’s prior written consent. All trademarks, service marks, and logos (the “Marks”) displayed on the Site are exclusive property of MyPreferredPlan.com and their respective owners. You shall not use the Marks in any manner without MyPreferredPlan.com’s and their respective owners’ prior written consent.
You acknowledge and accept that MyPreferredPlan.com is only a passive forum for users to obtain information. MyPreferredPlan.com does not screen or monitor any Submitted Materials. MyPreferredPlan.com, therefore, makes no representation regarding the reliability, accuracy, completeness, validity, or truthfulness of any Submitted Materials. MyPreferredPlan.com reserves the right, in its sole discretion, to delete, refuse, or ignore any Submitted Materials that MyPreferredPlan.com considers to be unacceptable. In the event MyPreferredPlan.com receives notification regarding any unacceptable Submitted Materials, MyPreferredPlan.com may investigate such materials, in its sole discretion.
You acknowledge and agree that MyPreferredPlan.com may retain copies of your Submitted Materials and disclose your Submitted Materials to a third party if MyPreferredPlan.com believes that it is necessary to: (i) protect the integrity of the Site; (ii) protect rights of MyPreferredPlan.com; (iii) comply with any court order; (iv) comply with any legal proceedings; (v) assert MyPreferredPlan.com’s claim under this Notice; and (vi) satisfy any claims regarding violations of third party’s rights.
LINKS TO THIRD PARTY
The Site may have links, such as hyperlinks or buttons, directing access to third party’s web sites (“Linked Sites”). The Linked Sites may not be controlled or monitored by MyPreferredPlan.com. MyPreferredPlan.com shall not be responsible for any materials, information, or content posted on the Linked Sites. The inclusion of the Linked Sites on the Site does not imply any relationship or association between MyPreferredPlan.com and the owner of the Linked Sites or any endorsement or sponsorship by MyPreferredPlan.com of the Linked Sites. MyPreferredPlan.com includes the Linked Sites solely for your convenience. You are solely responsible for your access of the Linked Sites. You shall use your own judgement, caution, and common sense in using the Linked Sites.
You agree to indemnify, defend, and hold MyPreferredPlan.com , its parents, subsidiaries, affiliates, officers, directors, agents, employees, harmless from any claims or demands of any third party, including, but not limited to, attorneys’ fees and legal fees, resulting from or arising out of your Use of the Site, your Submitted Materials, or your violation of any terms and conditions of this Notice.
LIABILITY AND LIMITATIONS OF LIABILITY
YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE SITE OR ANY SUBMITTED MATERIALS, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL HARM, PROPERTY DAMAGES, DEALING WITH OTHER USERS OF THE SITE, STRANGERS, MINORS, OR FOREIGN NATIONALS, AND PERSONS ACTING UNDER FALSE PRETENSE. YOU FURTHER AGREE TO RELEASE MyPreferredPlan.com, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USAGE OF THE SITE, YOUR SUBMITTED MATERIALS, ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
YOU FURTHER UNDERSTAND AND AGREE THAT IN NO EVENT MyPreferredPlan.com, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, AND SUPPLIERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR BREACH OR FAILURE OF WARRANTY, EVEN IF MyPreferredPlan.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OF LIABILITY, OR THE DISCLAIMER OF CERTAIN DAMAGES, MyPreferredPlan.com ‘s AGGREGATE LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED U.S. $10.
MyPreferredPlan.com has the right, in its sole discretion, to terminate any services of the Site and remove any Materials from the Site. MyPreferredPlan.com may also terminate your access to any part or all of the services provided by MyPreferredPlan.com on the Site at any time, with or without cause or notice, for any reasons. MyPreferredPlan.com shall not be responsible for maintaining or returning your Submitted Materials. You should always maintain a copy of your Submitted Materials.
If you need more information regarding the Site or this Notice, please contact:
700 Commerce Drive Suite 500 Oak Brook IL, 60523