Terms & Conditions
Thank you; the information you have provided so far is very
helpful. However, before we proceed to more substantive matters related to your
request, it is important to us that you fully understand FINANCIALADVICE4ME, LLC
("FA4Me")'s doing business as Plan And Act (PAA) terms and conditions
of use, and specifically agree to be bound by them when you use our Service.
PLEASE READ CAREFULLY THE FOLLOWING LEGALLY BINDING AGREEMENT. PLEASE MAKE SURE
YOU FULLY UNDERSTAND THE CONTENTS OF THIS AGREEMENT. IF YOU HAVE ANY DOUBTS ABOUT
ANY OF YOUR RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT, PLEASE CONSULT WITH LEGAL
COUNSEL IN YOUR JURISDICTION.
BY CLICKING THE "I AGREE" BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD,
ALL OTHER AGREEMENTS AND POLICIES SET OUT ON OUR WEBSITE. BY CLICKING THE "I AGREE"
BUTTON BELOW, YOU ALSO AGREE TO THE USE OF ELECTRONIC COMMUNICATIONS IN ORDER TO
ENTER INTO CONTRACTS, AND YOU WAIVE ANY RIGHTS OR REQUIREMENTS UNDER APPLICABLE
LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC)
SIGNATURE, TO THE EXTENT PERMITTED UNDER APPLICABLE MANDATORY LAW.
IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT CLICK
THE "I AGREE" BUTTON AND LEAVE THIS WEBSITE.
The following words and terms, when used in this Agreement,
shall have the following meanings, unless the context clearly indicates otherwise:
1.1. Advice shall mean the financial advice
provided by Us to You and designated as the "Financial Plan" in our Services;
1.2. Applicable Laws shall mean any laws,
rules and regulations that apply to you in any jurisdiction with respect to Your
request for Advice, Your use of the Website or Your use of Our Services;
1.3. Automatic Interviewing System shall
mean the proprietary software exclusively licensed to Us, enabling the automation
of professional interviews over the internet;
1.4. Company Parties shall mean PAA and
its stockholders, directors, officers, employees, agents and other representatives;
1.5. Confirmed Fee shall mean such amount
You have accepted to pay in consideration of receipt of the Advice;
1.6. PAA /Us/We/Ours shall mean the company
that is the owner and operator of the Website, and all of its subsidiaries;
1.7. Financial Analysis Model shall mean
the financial analysis model used by the Cambridge Alliance, based on the methodology
developed by Bert Whitehead and as further described on the Website;
1.8. Intellectual Property Rights
shall mean any and all intellectual property rights, of all types or nature whatsoever,
including, without limitation, patent, copyright, design rights, Trade Marks, data
base rights, applications for any of the above, moral rights, know-how, trade secrets,
domain names, URL, trade names or any other intellectual or industrial property
rights (and any licenses in connection with any of the same), whether or not registered
or capable of registration, and whether subsisting in any specific country or countries
or any other part of the world;
1.9. Licensed Software shall mean the Automatic
Interviewing System and Our Website Content, including any program or data
file derived therefrom and any related documentation, any enhancements, modifications,
additions, translations or updates to the same, and any other Intellectual Property
Rights licensed or sublicensed to You in accordance with the terms of Section 4
1.10. Payment Method Provider shall mean
a third party payment processing company;
1.11. Proprietary Software shall mean Our
proprietary software providing for the automatic application of the information
we receive from you through the Automatic Interviewing System, to the Financial
1.12. Services shall mean the services provided
by Our virtual service center at www.peoplesfinancialadvisor.com, designed
to facilitate and provide professional consulting services to individuals via the
internet, including the Advice, through the use, inter-alia, of the Automatic Interviewing
System and our Proprietary Software;
1.13. Username and Password shall mean the
username and password chosen by a person upon registration on the Website;
1.14. Website shall mean the website currently
at URL: http//:www. www.peoplesfinancialadvisor.com, and any other website replacing
such website or being added to such website for the purpose of providing the Services
1.15. Website Content shall have the meaning
ascribed to it in Section 4.3;
1.16. You shall mean the user of the Services
or Licensed Software.
2. Use of Website and Services;
Payment for Advice; No Liability
2.1. This Agreement describes the agreements between You and Us
in relation to your use of the Website and Services. You may be asked to enter into
additional agreements before being permitted to access the Services or some of them;
those additional agreements are in addition to, and not in limitation of, this Agreement.
2.2. You understand and agree that all Services
are intended for Your personal use only, in accordance with the terms of this Agreement,
and not for any commercial use.
2.3. You confirm that you understand that
Our Advice is generated by an automatic application by Our Proprietary Software
of the information we receive from you through the Automatic Interviewing System,
to the Financial Analysis Model. ACCORDINGLY, YOU ARE EXPECTED TO DETERMINE AND
ENSURE THAT THE ADVICE IS APPROPRIATE FOR YOUR SPECIFIC NEEDS. YOU AGREE THAT YOU
ALONE SHALL BEAR ALL THE RISKS RELATED TO THE RELIANCE ON, ACCEPTANCE AND IMPLEMENTATION
OF THE ADVICE BY YOU AND ANY ACTION YOU TAKE ON THE BASIS ON THE ADVICE, INCLUDING
TO ANY LOSS INCURRED AS A RESULT THEREOF. YOU ALONE SHALL FURTHER BEAR ALL RISKS
RELATED TO THE USE OF OUR OTHER SERVICES, INCLUDING ANY FOLLOW UP ASSISTANCE WE
MAY OFFER AS PART OF OUR SERVICES. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS,
OUR SERVICES ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS,
WITH NO REPRESENTATIONS OR WARRANTIES WHATSOEVER.
2.4. You understand and acknowledge that
We do not warrant that the Website or Our Services will meet Your requirements,
or that Your access to and use of the Website or any of the Licensed Software will
be uninterrupted or free of errors, omissions, crashes or downtime. Except as expressly
we cannot and do not guarantee the privacy, security, authenticity and non-corruption
of any information transmitted through, or stored in any system connected to, the
Internet, and We shall not be responsible for any delays, errors, failures to perform,
or disruptions in the Services caused by or resulting from any act, omission or
condition. In order to access Our Services, You will be asked to submit certain
information about yourself ("Registration" and "Registration Information"). You
undertake that all such Registration Information You have provided or shall provide
is true, accurate, current and complete.
2.5. In order for You to use the Website
and some of the Services, You may need to select and enter a Username and Password.
You shall keep Your Username and Password confidential, and shall not disclose them
to anyone. You shall be fully and solely responsible for all activities and transactions
conducted on the Website through use of Your Username and Password. Every person
who identifies him/herself by entering Your correct Username and Password shall
be conclusively assumed by Us to be You, and all actions or information where the
Username and Password have been entered correctly will be regarded as valid and
effected by You.
2.6. By submitting Your personal information
through the Website, You grant permission to PAA to provide such information to
when posted on the Website. We may also ask you to provide Us with additional details,
and any such additional information will also be kept confidential in accordance
2.7. Payment of the Confirmed Fees can be
made by You solely by one of the following payment methods, at Our discretion: (i)
by a credit card that must be in good standing and registered in your name, and
which is acceptable to Us at our sole discretion; or (ii) through the PayPal™
service. You agree to fully pay any and all payments and charges due to Us or to
Payment Method Providers in connection with your use of the Services. You further
agree not to make any charge-backs or renounce or cancel or otherwise reverse payment
of the Confirmed Fees, and if any such event shall occur, You agree to refund and
compensate Us for the Confirmed Fees, including any expenses incurred by Us in the
process of collecting payment of the Confirmed Fees. Please note that Your payment
will be handled by Us directly, or through a Payment Method Provider or any other
third party. Your use of Our Services is also subject to the terms and conditions
of use prescribed by such Payment Method Providers, but this will not derogate from
your obligations to Us under this Agreement.
2.8. Our Website contains and may contain
links and/or hyperlinks to websites operated by third parties other than PAA, including
Payment Method Providers ("Third Parties' Sites"). Such Third Parties' Sites may
require that You provide additional information or enter into specific additional
agreements. PAA does not control such Sites and has not reviewed any of those Sites.
Thus, links to such Third Party Sites are provided solely as a convenience to you,
for Your reference only. If you use these links, you will leave Our Website, and
You understand and agree that We are not responsible for any of these Third Parties'
Sites, and we do not make any representation about the suitability, integrity, completeness,
timeliness, reliability, legality or accuracy of the information, advice or services
offered on such Third Parties' Sites.
2.9. YOU UNDERSTAND AND AGREE THAT NONE
OF THE COMPANY PARTIES SHALL BE LIABLE FOR, AND YOU UNDERTAKE TO INDEMNIFY THE COMPANY
PARTIES AGAINST AND HOLD THEM HARMLESS FROM, ANY LOSS OR DAMAGE OF ANY TYPE WHATSOEVER
INCURRED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, AS A RESULT OF (I) ANY MISUSE
OF YOUR USERNAME OR PASSWORD BY ANY PERSON, (II) THE UNAUTHORIZED DISCLOSURE OR
USE OF YOUR INFORMATION OR ANY CONSEQUENCES RESULTING THEREFORE; (III) THE OPERATION,
CONTENT OR USE OF ANY THIRD PARTIES' SITES, INCLUDING THE WEBSITES OPERATED BY THE
PAYMENT METHOD PROVIDERS; (IV) ANY VIOLATION OF APPLICABLE LAWS IN CONNECTION WITH
YOUR USE OF THE OF THE SERVICES, INCLUDING RECEIPT OF THE ADVICE, AS CONTEMPLATED
HEREUNDER, (V) ANY OF YOUR ACTIONS OR OMISSIONS; OR (V) ANY OTHER MATTER RELATED
TO THE ACCESS TO THE WEBSITE OR USE OF THE SERVICES.
3. Legal Requirements and Restrictions
3.1. You may access and use this Website
and the Services only for lawful purposes, and solely in accordance with the terms
of this Agreement.
3.2. You may not assign or transfer Your
rights or duties hereunder to any third party.
3.3. You accept sole responsibility for
determining whether your use of Website and Our Services is legal under Applicable
Laws. Please consult legal counsel in the applicable jurisdiction if you have any
doubts about the legality of your access to, and use of, the Website or Services
under any Applicable Laws.
3.4. You may not use the information on
the Website for recruiting, marketing, or any other purpose that violates the intended
use of the Services on the Website.
4. License to Use Software; Intellectual Property Rights
4.1. We hereby grant You a personal, non-exclusive,
non-transferable right and sub-license to use the Licensed Software, solely for
the purpose of using the Services, only in Object Code form of the Software (i.e.,
the compiled, assembled, or machine executable version of the Software). This Agreement
applies only to the grant of a limited license to use the Licensed Software; We
do not grant You any other rights whatsoever with respect to the Licensed Software,
including with respect to the source code of the Licensed Software. We do not grant
You any rights of any kind in Our Proprietary Software.
4.2. We are the exclusive licensees of the
Licensed Software. The Licensed Software and the accompanying documentation are
protected throughout the world by copyright law and other intellectual property
law. Your use of the Licensed Software does not give you ownership of any Intellectual
Property Rights in the Licensed Software, or any other rights in or with respect
to the Licensed Software, except for the right to use the Licensed Software as expressly
provided in this Agreement. You shall not (i) use, copy, modify, create derivative
works from or distribute the Licensed Software, any part of it, or any copy, adaptation,
transcription, or merged portion of it; (ii) decode, reverse engineer, disassemble,
decompile or otherwise translate or convert the Licensed Software or any part of
it; (iii) transfer, loan, lease, assign, rent, or otherwise sublicense the Licensed
Software; (iv) remove any copyright, proprietary or similar notices from the Licensed
Software (or any copies of it).
4.3. Any trade marks, URLs, service marks,
trade names, brands, logos and the like used by Us on the Website or in connection
with the Services from time to time (collectively, the "Trade Marks") are solely
and exclusively owned by (or duly licensed to) PAA, and We reserve all of Our rights
to them. In addition, other content on the Website, including, but not limited to,
the Licensed Software, images, pictures, graphics, photographs, animations, videos,
music, audio and text (the "Website Content") are solely and exclusively owned by
(or duly licensed to) PAA, and are protected by copyright and other Intellectual
4.4. Without limiting the generality of
the aforesaid, You acknowledge and agree that the Company is the sole and exclusive
owner, or is duly licensed to use, any and all right, title and interest in and
to the Intellectual Property Rights underlying the Services, including the Proprietary
Software and Licensed Software and any updates thereto, including any modification,
enhancement, adaptation, translation or other change of or addition to the Services
or the Proprietary Software and Licensed Software, even if developed by the Company
based on ideas, suggestions, specifications, demands or proposals by You or any
other third party. You irrevocably assign to Us all right, title, and interest You
may have or may acquire in and to all such rights, including, without limitation,
patent, copyright, trademark, trade secret or know how. You agree that You will
not contest Our sole and exclusive ownership of the aforesaid Intellectual Property
Rights or Proprietary Software or Licensed Software on any ground.
4.5. Nothing contained in this Agreement shall be construed as
an assignment or grant to You of any right, title or interest in or to Our existing
or future Intellectual Property Rights (including the Trade Marks or the Website
Content) not specifically and explicitly stated herein.
4.6. Our Website and the Proprietary Software
and Licensed Software may include confidential information which is secret and valuable
to Us. You are not entitled to use or disclose that confidential information other
than strictly in accordance with the terms of this Agreement.
4.7. The provisions of this Section 4 shall
survive termination of this Agreement, and shall remain in full force and effect
at all times thereafter.
5. Your Responsibilities, Representations and Warranties
5.1. You understand that it is Your
sole responsibility, and You undertake to (i) provide, amend and update Your Registration
Information during the Term of this Agreement, and promptly inform us of any changes
to Your Registration Information; (ii) check, review and make Your own independent
decision about your use of Our Services, including receiving and acting on the Advice;
(iii) not to transfer in any way whatsoever your rights under this Agreement without
our prior written consent, which may be given or refused in our sole discretion;
and (iv) ensure that Your use of Our Services is at all times in compliance with
all the other provisions of this Agreement.
5.2. Given that We may amend any and all
use, You understand that it is your responsibility to check the most updated form
of this Agreement, as posted on Our Website, prior to use by You of Our Services.
If You continue to use the Website or the Services after we have made such the changes,
You agree to be bound by those changes whether or not You have had actual notice
of, or have read, the relevant changes. If You do not agree to be bound by such
changes, You should not continue to use the Website or the Services any further.
5.3. You represent and warrant to us that
the debit/credit card details provided by you in the Registration process are those
of the registered account holder, and that the card has not been reported as lost
or stolen. You undertake to ensure that such details are true and current at any
time when you pay for the Service sought.
5.4. The provisions of this Section 5 shall
survive termination of this Agreement, and shall remain in full force and effect
at all times thereafter.
6. Our Rights
Without limiting the other provisions of this Agreement, and
in addition thereto:
6.1. We shall have, at our sole discretion, the right to: (i)
refuse to register any applicant for registration on the Website; (ii) make inquiries
related to You, including credit checks with third party credit and financial institutions,
in accordance with the information You have provided to Us; and (iii) at any time
disclose certain of Your personal information to third parties in accordance with
6.2. At any time, without prior notice to
you and without derogating from our other rights under this Agreement, we may TERMINATE
YOUR USE OF THE SERVICES, with or without cause, including, without limitation,
if we suspect or believe that you are in breach of any of the terms and conditions
of this Agreement; or that you may be engaging in or have engaged in fraudulent,
unlawful or improper activity.
6.3. We may transfer, assign, sublicense
or pledge this Agreement, in whole or in part, to any person or entity without notice,
and you will be deemed to have given your consent to any such assignment.
7. No Warranties; No Liability; Release and Indemnity
7.1. WE AGAIN EMPHASIZE THAT, TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAWS, OUR SERVICES ARE PROVIDED TO YOU STRICTLY ON
AN "AS IS" AND "AS AVAILABLE" BASIS, AND WE HEREBY SPECIFICALLY AND EXPLICITLY DISCLAIM
ANY AND ALL WARRANTIES OF ANY TYPE OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION
(1) OF SUITABILITY, COMPLETENESS, SUFFICENCY, EFFECTIVENESS, TIMELINESS, RELIABILITY,
PROFESSIONAL STANDARD, LEGALITY, QUALITY OR ACCURACY OF ANY INFORMATION, ADVICE
OR SERVICES; (2) ANY WARRANTIES AS TO THE AVAILABILITY OR CONTENT OF THE WEBSITE,
THE ELECTRONIC INTERFACE OR THE SERVICES AVAILABLE THEREFROM; (3) ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON INFRINGEMENT;
(4) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS IN THE LICENSED SOFTWARE;
OR (5) THAT THE COMPANY'S SECURITY METHOD WILL BE SUFFICIENT TO PROTECT ANY CONFIDENTIAL
INFORMATION OR INFORMATION PROCESSED, TRANSFERRED OR OTHERWISE USED IN RELATION
TO THE SERVICES, INCLUDING PERSONALLY IDENTIFIABLE INFORMATION. No oral or written
information given by Us or any of Our representatives shall be deemed to change
the above disclaimers, or to create any new representation or warranty.
7.2. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAWS, NONE OF THE COMPANY PARTIES SHALL HAVE ANY LIABILITY WHATSOEVER
OF ANY KIND TO YOU, AND YOU HEREBY RELEASE AND FOREVER DISCHARGE ALL OF THE COMPANY
PARTIES FROM ANY CLAIM, LIABILITY OR DEMAND, IN CONNECTION WITH YOUR USE OF THE
WEBSITE OR OUR SERVICES, INCLUDING THE RECEIPT OF THE ADVICE AND ANY ACTION BASED
THERON, AND, WITHOUT LIMITING THE GENERALITY OF THE AFORESAID, IN NO EVENT SHALL
ANY COMPANY PARTY BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL OR
SPECIAL DAMAGE OR LOSS OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS,
PROFITS, REVENUE, CONTRACTS OR ANTICIPATED SAVINGS. You further agree to indemnify,
defend and hold Us and all Company Parties harmless from and against any and all
losses, costs, expenses, claims, demands, liabilities and damages (including legal
fees), however caused, that may arise as a result of or in connection with Your
access to and use of the Website, the Services (including the receipt of the Advice
and any action based thereon), the Licensed Software or any information or advice
provided by yourself or by anyone else, or breach by You of any of the terms and
provisions of this Agreement.
7.3. The provisions of this Agreement allocate
the risks between You and Us, and You agree and acknowledge that this allocation
of risk and the limitation of liability specified herein reflect the terms hereof.
7.4. The provisions of this Section 7 shall
survive termination of this Agreement, and shall remain in full force and effect
at all times thereafter.
8. Term and Termination
8.1. This Agreement is effective from the
moment of acceptance by you, by clicking on the "I Agree" button, and shall continue
in full force and effect (the "Term") until terminated in accordance with the terms
of this Section 8.
8.2. We have the right to terminate this
Agreement immediately, upon written notice to You. You have the right to terminate
this Agreement immediately, upon written notice to us, provided, however, that Your
request for Advice or any other paid Services that have been made prior to such
termination shall be irrevocable, and payment therefor may not be revoked or reversed.
8.3. The expiry or termination of this Agreement
for any reason shall not affect any rights, obligations or liabilities accrued before
the date of termination or expiry, or any rights, obligations or liabilities specifically
stated herein to continue in force after and despite expiry or termination.
9.1. Nothing in this Agreement shall in
any way limit or waive any rights you may have under any Applicable Laws.
9.2. Any dispute arising between the parties
in connection with this Agreement shall be interpreted and governed by the laws
of the State of Colorado. The competent courts in Colorado shall have exclusive
jurisdiction in any legal proceedings resulting or connected with this Agreement,
and the parties hereby agree to such exclusive jurisdiction. However, this shall
not prevent us from bringing any action in the court of any other jurisdiction for
injunctive or similar relief.
9.3. This Agreement, together with the Company's
policies posted on the Website from time to time, is the entire agreement between
the parties with respect to the subject matter hereof, and supersedes all prior
understandings, agreements and discussions between them, oral or written, with respect
to such subject matter.
9.4. No failure, delay or forbearance of
either party in exercising any power or right hereunder shall in any way restrict
or diminish such party's right's and power's under this Agreement or operate as
a waiver of any breach or non-performance by either party of any of the terms or
9.5. If any provision of this Agreement
is held to be unenforceable, this Agreement shall be construed without such provision.
In addition, to the extent that the covenants provided with regard to the non-competition
provisions set above, may later be deemed by a court to be too broad to be enforced
with respect to their duration or with respect to any particular activity or geographic
area, such provisions shall be construed as to reduce the duration or scope of the
said provision to the maximum extent to be enforceable, all according to the court's
9.6. The section headings herein are provided
for convenience only and have no substantive effect on the construction of this
9.7. You agree to receive communications
from us in an electronic form. Electronic communications may be posted on the pages
within the Website or delivered to your e-mail address, as shall be decided by Us
from time to time. All communications in either electronic or paper format will
be considered to be "in writing" and to have been received no later than five business
days after posting or dissemination, whether or not you have actually received or
retrieved the communication. We reserve the right, but assume no obligation, to
provide communications in paper format.
9.8. Any notices required to be given in
writing to us or any questions concerning this Agreement should be addressed to: