RECEIPT OF AGREEMENT
By signing up to use eFinPLAN, you hereby acknowledge that you have received a copy of this Agreement available through the eFinPLAN Site electronically, and you acknowledge and agree to all below. You acknowledge and agree that eFinPLAN would not be able to provide the eFinPLAN Site to you on an economically reasonable basis without these limitations.
AGREEMENT BETWEEN USER AND eFinPLAN, LLC
The eFinPLAN, LLC Web Site is comprised of software and various Web pages operated or provided by eFinPLAN, LLC.
The eFinPLAN, LLC Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the eFinPLAN, LLC Web Site constitutes your agreement to all such terms, conditions, and notices.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
eFinPLAN, LLC and its suppliers grant to the Customer a nonexclusive and nontransferable license to use the software solely for a single person and/or his or her spouse or partner UNLESS SUCH USE, REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY eFinPLAN, LLC.
eFinPLAN, LLC reserves the right to change the terms, conditions, and notices under which the eFinPLAN, LLC Web Site is offered, including but not limited to the charges associated with the use of the eFinPLAN, LLC Web Site.
LINKS TO THIRD PARTY SITES
The eFinPLAN, LLC Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of eFinPLAN, LLC, and eFinPLAN, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. eFinPLAN, LLC is not responsible for webcasting or any other form of transmission received from any Linked Site. eFinPLAN, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by eFinPLAN, LLC of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the eFinPLAN, LLC Web Site, you warrant to eFinPLAN, LLC that you will not use the eFinPLAN, LLC Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the eFinPLAN, LLC Web Site in any manner which could damage, disable, overburden, or impair the eFinPLAN, LLC Web Site or interfere with any other party's use and enjoyment of the eFinPLAN, LLC Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the eFinPLAN, LLC Web Sites.
USE OF COMMUNICATION SERVICES
The eFinPLAN, LLC Web Site may contain social media or FAQs, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. You have the opportunity to comment on these websites regarding eFinPLAN and the products and services we offer, which opportunity and process is governed by those parties’ terms. You hereby grant a license to any comments made by you on these websites regarding eFinPLAN, and eFinPLAN reserves the right to post on its website any comments or content you post on our social media pages. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
However, by posting, uploading, inputting, providing or submitting your social media Submission you are granting eFinPLAN, LLC, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation or fee, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission. If it publically distributes, it will attempt to remove the identity.
eFinPLAN, LLC has no obligation to monitor the Communication Services. However, eFinPLAN, LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at eFinPLAN, LLC's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. eFinPLAN, LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, eFinPLAN, LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized eFinPLAN, LLC spokespersons, and their views do not necessarily reflect those of eFinPLAN, LLC.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
No compensation will be paid with respect to the use of your Submission, as provided herein. eFinPLAN, LLC is under no obligation to post or use any Submission you may provide, and it may remove any Submission at any time at eFinPLAN, LLC's sole discretion. By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
INFORMATION ONLY SITE:
This site is for educational and informational purposes only and is not intended to provide tax, legal, insurance, investment or financial advice of any kind. Fees paid to eFinPLAN are for the use of the eFinPLAN application, and does not provide financial or investment management or adviser services in investment, financial, tax, legal, insurance, accounting or other areas. eFinPLAN or its employees or officers are not Registered Investment Advisers. eFinPLAN may assist in your completion of the questionnaire, answer questions about your report and general questions of a financial nature, and may charge a fee for additional one-on-one discussions. The charge is for the time and not the advice, since eFinPLAN does not provide or collect a fee for direct advice. In the future, eFinPLAN may add this service, and this document will be updated at that time.
eFinPLAN does not receive compensation for the sale of securities or other investment or insurance products, and illustrations are not based on any arrangement or relationship with a financial provider. eFinPLAN does not provide any investment or insurance products or services, and doesn’t receive compensation for their sales. eFinPLAN does not select or recommend financial institutions or advisers. eFinPLAN does not currently receive fees from referrals to third parties.
To the extent a user receives a report from the Web Site, eFinPLAN recommends that the user carefully review the report to make sure the information was input correctly.
No communication with eFinPLAN, its employees, directors or owners via customer support, email, telephone, or any other communication mode shall be construed as advice in any of the areas mentioned.
eFinPLAN users who then implement their financial plan, do so at their own risk, and do not hold eFinPLAN liable for its illustrations, discussions, or any decisions they make, based upon, or not based upon the plan, decisions made or not made, or other considerations inside or outside the scope of the plan. Users are free to implement their plan using various online providers of advice or products of insurance, legal, tax, insurance, financial and investments. In addition, they may engage professionals in those areas for implementation as well. Please consult professionals if you need individualized assistance.
PAYMENTS AND REFUNDS
Full refunds are provided with the first 30 days of signup or renewal. eFinPLAN may also run promotions or introduce discounts and special offers from time to time. Users may cancel at any time. The termination or cancellation of a subscription for any reason will take effect at the end of the current billing cycle and no prorated refunds will be given.
LIABILITY DISCLAIMER AND WARRANTIES
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE eFinPLAN, LLC WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. eFinPLAN, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE eFinPLAN, LLC WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE eFinPLAN, LLC WEB SITE SHOULD NOT BE SOLELY RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, TAX OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT TRUSTED TAX, LEGAL, INSURANCE, INVESTMENT, AND OTHER FINANCIAL ADVISERS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, eFinPLAN DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. NO INFORMATION OR USE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM eFinPLAN, FROM ITS MATERIALS, OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
eFinPLAN reserves the right to investigate and suspend or terminate (in eFinPLAN’s sole discretion) your use of the Site if you have misused the services or the Site, or if you have behaved in a way that could be regarded as inappropriate, unlawful, or illegal.
You agree to hold harmless eFinPLAN or any related companies, and the officers, directors, and employees of any of them from any and all claims, losses, obligations, damages, liabilities, costs, debt, and expenses (including attorney’s fees) arising out of your use of the eFinPLAN Site and/or Materials, not caused by a breach of eFinPLAN security.
You agree to indemnify and hold harmless eFinPLAN or any related companies, and the officers, directors, and employees of any of them from any and all claims, losses, obligations, damages, liabilities, costs, debt, and expenses (including attorney’s fees) arising out of (i) your misuse of the eFinPLAN Site and/or Materials, (ii) your violation of these terms, (iii) your violation of the rights of any other person or entity, (iv) your breach of the foregoing representations, warranties, and covenants; and (v) any unauthorized use of your account not caused by a breach of eFinPLAN security.
“AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS”
You expressly agree that the use of the eFinPLAN Site and the eFinPLAN Materials is at your sole risk. The eFinPLAN Site, eFinPLAN Materials, non-eFinPLAN content and any third-party media, content, software, services, reference sites, or applications made available in conjunction with or through the eFinPLAN Site are provided on an “as is” and “as available”, “with all faults” basis and without warranties or representations of any kind, either express or implied.
Limitation of Liability and Damages
(a) Under no circumstances, and under no legal theory, including negligence, shall eFinPLAN or its officers, directors, employees, shareholders, affiliates and subcontractors be liable for loss of profit, loss of data, cost of replacement goods or services or any special, indirect, incidental, consequential, or exemplary damages arising out of or relating to these terms or that result from your use or the inability to use the eFinPLAN Materials or any reference sites, the eFinPLAN Site itself, or any other interactions with eFinPLAN, even if eFinPLAN has been advised of the possibility of such damages. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy. You agree that any cause of action brought by you arising out of or related to the eFinPLAN Site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
(b) In no event shall eFinPLAN or its affiliates’, contractors’, employees’, agents’, or third-party partners’, licensors’ or suppliers’ total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the eFinPLAN Site (whether in contract, tort [including negligence], warranty, or otherwise) exceed the greater of the total amounts you paid to eFinPLAN.
(c) These limitations shall also apply with respect to damages incurred by reason of any products or services sold or provided on any reference sites or otherwise by third parties other than eFinPLAN and received by you through or mentioned on the eFinPLAN Site or received by you through any reference sites.
LIMITATIONS BY APPLICABLE LAW
(a) Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside in such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies, or liability contained in these terms apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction in which you are located.
(b) You acknowledge and agree that eFinPLAN has offered its products and services and entered into these terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and eFinPLAN, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and eFinPLAN.
When you communicate with eFinPLAN electronically, you consent to receive communications from eFinPLAN electronically.
Governing Law – These Terms of Service shall be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any principles of conflicts of law.
Assignment – The Terms of Service and any rights and licenses granted hereunder may not be transferred or assigned by you.
Interpretation – You acknowledge that, as a sophisticated user of online financial websites, you had the opportunity to discuss these Terms of Service with and obtain advice from legal counsel, have had sufficient time to, and have carefully read and fully understand all the provisions of these Terms of Service, and are knowingly and voluntarily agreeing to these Terms of Service.
Entire Agreement – These Terms of Service are the entire agreement between you and eFinPLAN relating to the subject matter herein and supersede all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter.
The eFinPLAN Site is offered by eFinPLAN LLC, Inc.
If you have any other questions or concerns regarding these Terms of Service, please contact us at:
1491 Polaris Parkway, Suite 72
Columbus, Ohio 43240
cservice@efinplancom (to avoid spam, the period [.] between efinplan and com has been deliberately omitted)