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, AND AGREE TO BE BOUND BY, THIS AGREEMENT, OUR TERMS OF USE, OUR PRIVACY POLICY AND 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.


PAA TERMS OF USE  (Last Updated: October 01, 2011)


1.    Definitions

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 herein;

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 Analysis Model;  

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 by Us;

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 set forth in Our Privacy Policy, which is set out in full at privacy@peoplesfinancialadvisor.com, 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 certain parties as set forth in Our Privacy Policy. We reserve the right to amend the Privacy Policy at any time, and any amended Privacy Policy will become effective 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 with our Privacy Policy.

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 Property Rights.

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 terms of this Agreement or of Our Privacy Policy or other terms and conditions of 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 our Privacy Policy.

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.    Miscellaneous

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 conditions hereof.

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 ruling.

9.6.    The section headings herein are provided for convenience only and have no substantive effect on the construction of this Agreement.

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: info@planandact.com

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