Terms of Service
§ 1 Acceptance of Terms
This Terms of Service ("TOS") document is an agreement which you must accept in order to use the pageplanr Service ("pageplanr," the "pageplanr Service," the "Service," or the "Site," as described below). It is applicable to (a) Administrators - those who manage and run an account ("Administrators", "Administrative Users"), and to c) Members - users who are invited to join an existing pageplanr account that has already been created by an Administrator. The terms "You" and "users" encompass all users, including both Administrative and Members. This document describes both your rights and your obligations as part of using the Service. It is important that you read it carefully because you will be legally bound to these terms. pageplanr ("pageplanr", "pageplanr", "we", "us") only provides its pageplanr Service (as defined below) to you subject to this TOS.
If you are entering into this TOS on behalf of a company or business, you represent that you have the authority to bind such entity, its Members, its Administrative Users, and its affiliates to this TOS. In that case, the terms "you" or "your" shall also refer to such entity, its Members, its Administrative Users, and its affiliates, as applicable. If you do not have such authority, or if you do not agree with this TOS, you may not use the Service. You acknowledge that this TOS is a contract between you and pageplanr, even though it is electronic and is not physically signed by you and pageplanr, and it governs your use of the Service.
As our business evolves, pageplanr may change this TOS. If we make a material change to the TOS, we will provide you with reasonable notice prior to the changes either by emailing the email address associated with your account or by posting a notice on the Site. You can review the most current version of the TOS at any time by visiting this page. The revised terms and conditions will become effective on the date set forth in our notice, and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to cancel your account and stop using the Services, which you may do by clicking here or otherwise through the process provided in the Service.
As part of the registration process, you will identify an administrative user name (in the form of an email address) and password for your account. You may use these credentials to invite individuals within your business or organization to become Members (each with their own password) under your account. The number of Members is limited to the maximum number permitted for your account. You are responsible for maintaining the confidentiality of your login, password, and account and for all activities that occur under your login or account, including the activities of Members.
By accessing or using the Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live). You represent that you are fully able and competent to enter into and comply with the terms and conditions in this TOS. pageplanr is not directed to children under 13, so if you are under 13 years of age, you are not permitted to access or use the Services. If we become aware that you are using pageplanr even though you are under 13, we will deactivate your account.
§ 2 Description of Service
The "Service(s)" include (a) pageplanr flat plan, messaging, archiving and search services and related systems and technologies, as well as the website http://pageplanr.com, and our related applications, and (b) all software (including the Software, as defined below), applications, data, reports, text, images, and other content made available through any of the foregoing. Any new features added to or augmenting the Service are also subject to this TOS. pageplanr reserves the right to modify or discontinue the Service (or any Service plan) or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to pageplanr.
§ 3 User Accounts
You have the right to terminate your account at any time by using account deletion. We also reserve the right to terminate your account (or the access privileges of any Member) and this TOS at any time for any reason, or no reason, with or without notice. Upon termination of your account, we will have no obligation to maintain or provide Your Data, and will delete or destroy all copies of Your Data in our possession or control, in a reasonably expedient way, unless legally prohibited. However, all accrued rights to payment and the terms of Section 6 shall survive termination of this TOS.
§ 4 License
§ 5 Your Data Rights and Related Responsibilities.
"Your Data" means any data and content stored or transmitted via the Services by or on behalf of you or your end users. "Content" includes messages you send, files you upload, comments on files, profile information and anything else you enter or upload into pageplanr. pageplanr will make commercially reasonable efforts to ensure that all facilities used to store and process Your Data meet a high standard for security. In order for us to provide the Service to you, we require that you grant us certain rights with respect to Your Data. For example, we need to be able to transmit, store and copy Your Data in order to display it to you and your team members, to index it so you are able to search it, to make backups to prevent data loss, and so on. Your acceptance of this TOS gives us the permission to do so and grants us any such rights necessary to provide the service to you, only for the purpose of providing the service (and for no other purpose). This permission includes allowing us to use third-party service providers in the operation and administration of the service and the rights granted to us are extended to these third parties to the degree necessary in order for the service to be provided. These rights and permissions are not permanent: they terminate whenever you remove all or part of Your Data from The Service. We claim no ownership over Your Data. If you or your end users send us any feedback or suggestions regarding the Service, you grant pageplanr an unlimited, irrevocable, free license to use any such feedback or suggestions for any purpose without any obligation to you or your end users. You are solely responsible for your, your administrators and your end users conduct, the content of Your Data, and all communications with others while using the Services. We may choose to review public content for compliance with our policies and guidelines, but you acknowledge that pageplanr has no obligation to monitor any information on the Services. We are not responsible for the accuracy, appropriateness, or legality of Your Data or any other information you and your end users may be able to access using the Services. The Services provide features that allow you and your end users to share Your Data and other materials with others.
§ 6 Payment
To the extent any portion of the Service is made available for a fee, you will be required to select a payment plan and provide pageplanr accurate information regarding your credit card or other payment instrument. You will promptly update your account information with any changes in your payment information. You agree to pay pageplanr the amount that is specified in the applicable payment plan in accordance with the terms set forth in the Service and this TOS, and you authorize pageplanr to bill your payment instrument in advance on a periodic basis in accordance with such terms. If you dispute any charges you must let pageplanr know within sixty (60) days after the date that pageplanr invoices you. All amounts paid are non-refundable and we reserve the right to change our prices in the future. If we do change prices, we will provide notice of the change on the Site and in email to you at least 30 days before the change is to take effect. Your continued use of the Service after the price change goes into effect constitutes your agreement to pay the changed amount. pageplanr may choose to bill through an invoice, in which case, full payment for invoices issued must be received by the specified date or the Services may be terminated. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with Services other than U.S. taxes based on pageplanr net income.
§ 7 Disclaimer of Warranties.
The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, or because of other causes beyond our reasonable control, but pageplanr shall use reasonable efforts to provide advance notice of any material scheduled service disruption. Further, you understand that Your Data may be transmitted or handled in an unencrypted manner if you choose to use unencrypted gateways to connect to the Service. Additionally, while Slack takes steps to ensure that information provided to its third party vendors and hosting partners is transmitted using reasonable security measures, it does not guarantee that these transmissions will be encrypted. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Data. pageplanr will have no liability to you for any unauthorized access or use of any of Your Data, or any corruption, deletion, destruction or loss of any of Your Data.
The service and all related components and information are provided on an “as is” and “as available” basis without any warranties of any kind, and pageplanr expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. you acknowledge that pageplanr does not warrant that the service will be uninterrupted, timely, secure, error-free or virus-free, nor does it make any warranty as to the results that may be obtained from use of the services, and no information, advice or services obtained by you from pageplanr or through the service shall create any warranty not expressly stated in this TOS.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL pageplanr BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE to YOUR CLAIM or, IF NO FEES APPLY, one hundred ($100) U.S. dollars, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these states, pageplanrs liability will be limited to the greatest extent permitted by law.
§ 8 Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified and we may email you if we believe it is necessary. For these reasons, we recommend that you look through this Agreement from time to time. You may refuse to agree to any amendments, but if you do, you must immediately cease using our website and our Service.
Last Updated: April 6, 2015