TERMS OF SERVICE
Terms of Service, Privacy Policy and Notice of Engagement for WriteYourPlan.com®, LLC
WriteYourPlan.com LLC (“WYP” or the “Company”) offers resources that facilitate business planning, subject to these Terms of Service and incorporated Privacy Policy and incorporated Notice of Engagement (collectively, “TOS” or “Terms”).
WYP’s TOS applies to any person or entity in the United States (i.e., “Users” or “you”) viewing the materials available on the writeyourplan.com website or other sites, funnels, social media, and all written, recorded and other property owned and operated by WYP (“website” or “Site”). We are not initially offering our resources to users outside of the United States. Users who view the website(s), whether or not they create and access a WYP account or purchase access to specialized materials, confirm their agreement to these TOS. We recommend that you review the TOS frequently, with the understanding that WYP may update the TOS from time to time. Please send questions or comments regarding these TOS via hello@writeyourplan.com.
Intellectual Property Rights in the Website Materials
Copyright, Trademark and other relevant intellectual property rights apply to all content available via the Site, whether held by WYP or third parties who may permit WYP to. incorporate certain materials. WYP’s brand name and logo, as well as related branding elements, whether registered or unregistered, are owned by WYP and are protected through application of U.S. Trademark Law. Redistribution, republication or imitation of any materials available on the Site, or any graphic, or conceptual element of WYP’s branding, including aesthetic ‘look and feel’ elements, is prohibited without our express written consent.
Rights and Responsibilities when Using the Site
WYP reserves all rights in the educational materials on the Site, except for limited rights that it grants to authorized users, as governed by the TOS. Authorization to view the materials on the Site must be secured on a subscription basis requiring compliance with payment terms currently applied by WYP. Users are expected to review the website carefully, and to contact us via hello@writeyourplan.com with any related questions prior to purchasing access to educational materials, as WYP does not generally issue refunds to users for any reason. From time to time certain users may be authorized at WYP’s discretion to use WYP course materials for a limited time, without payment, on a discretionary trial basis, but WYP accepts no obligation to provide free access. You agree not to use or allow others to use the website in a manner that violates applicable law, regulations, institutional policies or these TOS.
You agree that you will not provide access to unauthorized entities or individuals who are not specifically designated in the account authorization provided by WYP. You also agree to refrain from modifying, reverse engineering, copying, reselling or otherwise disseminating any portion of the materials on our website without specific authorization from WYP.
Warranties
While we are continually working to assure that our educational materials provide value to our users, we do not promise that any outcome will result from using these materials. And due to the imperfect nature of computer hardware, networks and the Internet, we do not promise flawless viewing of our materials.
ALL MATERIAL, FUNCTIONALITY AND INFORMATION COMPRISING THE WYP WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WYP BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE MATERIALS, AND ON ANY THEORY OF LIABILITY. UNDER NO CIRCUMSTANCES WILL WYP BE RESPONSIBLE FOR DAMAGE, LOSS OR INJURY RESULTING FROM ANY FAILURE OF A USER’S SYSTEM SECURITY, AND/OR UNAUTHORIZED USE OF ANY WYP ACCOUNT BY ANY THIRD PARTY. USER AGREES THAT IN NO EVENT ABSENT AN EXPLICITLY SUPERCEDING EXTERNAL AGREEMENT TO THE CONTRARY SHALL ANY LIABILITY OF WYP (OR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD-PARTY PROVIDERS) EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES PAID FOR THE YEAR PRIOR TO THE MAKING OF A CLAIM. ANY USERS’ SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WYP MATERIALS IS TO TERMINATE ITS SUBSCRIPTION AND DISCONTINUE USE OF THE WEBSITE.
Privacy and Confidentiality
You are responsible for maintaining the confidentiality of any WYP account you initiate or maintain, and for restricting related access to your computers and/or mobile devices. You agree to accept responsibility for all activities that occur in relation to accounts or passwords under your control. WYP reserves the right to refuse service, limit service or terminate any account, in its sole discretion. WYP utilizes encryption and authentication technology and related best practices to protect data entered and accessed via the Site. Personally, identifiable information regarding participant is encrypted, fully confidential and at no time is accessed by WYP staff without explicit permission from the Customer or for internal purposes of quality control or technical support, or when required or permitted by law, such as during an emergency or disaster recovery or under local legal authority. Users have the right to view records pertaining to their own accounts and privacy interests, or to request termination of accounts and deletion of related data, upon a verifiable communication via hello@writeyourplan.com or via physical mail sent receipt-return to our Registered Office. WYP will generally refrain from selling, licensing or otherwise providing personal or institutional information to any third party. The sole exceptions to this policy are 1) where we are explicitly authorized to share specific information and such dissemination is otherwise lawful; 2) where we are required to do so in response to lawful requests by public authorities for legitimate law enforcement and/or national security purposes. We will refrain from knowingly using your contact information to send you unsolicited communications. Any emails or other notifications will only be sent to you by WYP in connection with providing materials or information you requested.
Log Files
WYP reserves the right to use Internet Protocol addresses, i.e., “IP addresses” to analyze trends, administer the website, maintain its tools and features, track user activities, improve services and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers may log certain non-personal access information including browser type, access times and requested or referred URLs. This information is not shared with third parties and is disclosed within WYP only to the extent it is necessary for operations and maintenance purposes. No individually identifiable information related to this data will be used in any other way unless we obtain your explicit written permission.
Cookies
WYP may use cookies or similar tracking technologies to enable the retrieval of user details or otherwise to enhance functionality and ease of use for each visit to the WYP website.
External Resources
WYP from time to time may (but is not obligated to) provide users with information offered by outside organizations. While WYP is selective in associating with these entities, we do not monitor, review or endorse their offerings, content or practices. WYP is not responsible for the privacy and security practices of any entity that can be linked to from our website. Users should always review relevant Terms and Conditions, privacy statements and community policies of these external entities before disclosing any personal information. WYP will not accept responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure of information to third parties. WYP will not accept liability for any interactions with such outside organizations.
Indemnification
You, the user, agree to indemnify and hold harmless WYP, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of these Terms and Conditions.
Legal Venue and Dispute Resolution
By visiting WYP's website and utilizing the materials available therein, you agree that the laws of the state of Michigan, USA, without regard to principles of conflict of laws, will generally govern these terms and conditions and any dispute that might arise between you and WYP. You further agree that prior to either of us seeking resolution of a dispute in any court of law, we will first attempt to resolve the matter cost effectively through 1) informal discussion and negotiation; and/or 2) retaining a mutually acceptable provider of mediation services for up to three hours of mediation sessions. Otherwise, where these more informal measures are not effective, the parties may seek traditional legal and equitable remedies. In situations where WYP is required to seek an injunction or restraining order, or where a customer has not met payment obligations to WYP, we may seek legal remedies without prior negotiation or mediation.
Miscellaneous
If any of these terms are deemed invalid or unenforceable for any reason, then the invalid or unenforceable provision will be severed from these Terms and the remaining Terms will continue to apply with full legal force. Failure of WYP to enforce any of the provisions set out in these Terms, or failure to limit or terminate any customer or user’s access for any length of time, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms, or the right thereafter to enforce each and every provision. These Terms shall not be amended, modified, varied or supplemented in the absence of written notification by WYP.
Notification of Changes
WYP reserves the right to change these Terms of Service and the incorporated Privacy Policy from time to time as it sees fit, and your continued use of the website will signify your acceptance of any adjustment to these terms. You are advised to regularly review our Terms and, if applicable, any accompanying memorandum or communication directed to Customers and Users. Please direct inquiries or concerns regarding these Terms of Service, including the incorporated privacy terms, to hello@writeyourplan.com.