AGREEMENT BETWEEN USER AND PensionPlanet
The PensionPlanet Web Site is comprised of various Web
pages operated by PensionPlanet.
The PensionPlanet Web Site is
offered to you conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein. Your use of the
PensionPlanet Web Site constitutes your agreement to all such terms,
conditions, and notices. Terms and Conditions for ACCESS to PensionPlanet.com (Pension Data Resources, Inc.) Products & Services
Effective: June 1, 2007
The following terms and conditions govern your use of PensionPlanet.com Services and the content available therein:
1. License; Restrictions On Use; Confidentiality
You are granted a nonexclusive, nontransferable, limited license to access and use PensionPlanet.com and it's Content from time to time as made available to you. This license includes:
o The right to electronically display Content retrieved from PensionPlanet.com to no more than one person at a time
o The right to obtain a printout of Content of PensionPlanet.com and to create a single printout of Content downloaded via downloading commands of PensionPlanet.com (collectively, "Authorized Printouts").
o ALL CONTENT WITHIN PensionPlanet.com IS CONSIDERED "CONFIDENTIAL". You are not authorized to distribute to a third party or discuss any confidential information or content within PensionPlanet.com outside of your authorized company or organization. You understand and acknowledges that such Confidential Information has been developed or obtained by Pension Data Resources, Inc. by the investment of significant time, effort and expense, and that such Confidential Information is a valuable, special and unique asset of Pension Data Resources, Inc. which provides Pension Data Resources, Inc. with a significant competitive advantage, and needs to be protected from improper disclosure. In consideration for the disclosure of the Confidential Information at PensionPlanet.com, you agree to hold in confidence and to not disclose such Confidential Information herein to any person or entity without the prior written consent of Pension Data Resources, Inc.
2. Access to Services
Only individuals authorized by PensionPlanet.com may access and use PensionPlanet.com. PensionPlanet.com is not available without prior written license agreement to any individual(s), companies or organizations; specifically, individual(s) that work directly or indirectly or are affiliated with companies or organizations, including associations and not-for-profit associations, that offer retirement plan products & services defined as Service Providers. Service Providers include companies that offer retirement investment services, fund management, plan administration, record-keeping, consulting services, third party administration, trusteeship, master trusteeship, investment advice, benefits consulting, plan design, compliance, insurance, plan testing, brokerage, or financial planning. Without prior written agreement, access is denied to any company, organization or person working directly for, or associated with a company or organization that provides professional services to a Service Provider, if those services relate directly to the retirement aspects of the Service Provider’s business.
3. Limited Warranty
o PensionPlanet.com represents and warrants that it has the right and authority to make PensionPlanet.com and Content available pursuant to these General Terms and Conditions.
o EXCEPT AS OTHERWISE PROVIDED IN SECTION 3.1, PensionPlanet.com AND Content ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND THE PROVIDER OF PensionPlanet.com AND EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
4. Limitation of Liability
o IN NO EVENT WILL PensionPlanet.com. BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
o Further, PensionPlanet.com shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from:
any errors in or omissions from PensionPlanet.com or any Content available or not included therein,
the unavailability or interruption of PensionPlanet.com, any features, or any Content thereof,
your use of the Online Services or Content
your use of any equipment in connection with PensionPlanet.com,
any delay or failure in performance beyond the reasonable control of PensionPlanet.com.
5. Miscellaneous
o The provider of PensionPlanet.com may terminate access to Services at any time without notice. The provider of PensionPlanet.com may suspend or discontinue providing PensionPlanet.com without notice, and pursue any legal remedy available to it, if you fail to comply with any of your obligations hereunder.
o Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or sent electronically or displayed electronically in PensionPlanet.com by the provider thereof.
o The failure of the provider of PensionPlanet.com to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
o The subscribing organization or individual may not assign its rights or delegate its duties under the subscription to access PensionPlanet.com without the prior written consent of the provider of PensionPlanet.com.
o These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida.
ALL SALES ARE FINAL
Pension Data Resources, Inc. and the customer, by accepting this Agreement, agree to and intend to be bound by the terms hereof.
MODIFICATION OF THESE TERMS OF USE
PensionPlanet
reserves the right to change the terms, conditions, and notices under which the
PensionPlanet Web Site is offered, including but not limited to the
charges associated with the use of the PensionPlanet Web Site.
LINKS TO THIRD PARTY SITES
The PensionPlanet Web Site may
contain links to other Web Sites ("Linked Sites"). The Linked Sites are not
under the control of PensionPlanet and PensionPlanet 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.
PensionPlanet is not responsible for webcasting or any other form of
transmission received from any Linked Site. PensionPlanet is providing
these links to you only as a convenience, and the inclusion of any link does
not imply endorsement by PensionPlanet of the site or any association with
its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the
PensionPlanet Web Site, you warrant to PensionPlanet that you will not
use the PensionPlanet Web Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not use the
PensionPlanet Web Site in any manner which could damage, disable,
overburden, or impair the PensionPlanet Web Site or interfere with any
other party's use and enjoyment of the PensionPlanet 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 PensionPlanet Web
Sites.
USE OF COMMUNICATION SERVICES
The PensionPlanet Web Site may
contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, 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. 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.
PensionPlanet has no obligation to monitor the Communication Services.
However, PensionPlanet reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole discretion.
PensionPlanet reserves the right to terminate your access to any or all of
the Communication Services at any time without notice for any reason
whatsoever.
PensionPlanet 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, in PensionPlanet's sole
discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication Service.
PensionPlanet does not control or endorse the content, messages or
information found in any Communication Service and, therefore,
PensionPlanet 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 PensionPlanet
spokespersons, and their views do not necessarily reflect those of
PensionPlanet.
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.
MATERIALS PROVIDED TO PensionPlanet OR POSTED AT ANY PensionPlanet WEB
SITE
PensionPlanet does not claim ownership of the materials you provide to
PensionPlanet (including feedback and suggestions) or post, upload, input
or submit to any PensionPlanet Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting PensionPlanet, its
affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. PensionPlanet is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in
PensionPlanet'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.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PensionPlanet WEB SITE
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. PensionPlanet AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE PensionPlanet WEB SITE AT ANY
TIME. ADVICE RECEIVED VIA THE PensionPlanet WEB SITE SHOULD NOT BE RELIED
UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT
AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
PensionPlanet AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
PensionPlanet WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
PensionPlanet AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
PensionPlanet AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
PensionPlanet WEB SITE, WITH THE DELAY OR INABILITY TO USE THE
PensionPlanet WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE PensionPlanet WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE PensionPlanet WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
PensionPlanet OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
THE PensionPlanet WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PensionPlanet WEB SITE.
SERVICE CONTACT : admin@pensionplanet.com
TERMINATION/ACCESS RESTRICTION
PensionPlanet reserves the right, in its sole discretion, to terminate your
access to the PensionPlanet Web Site and the related services or
any portion thereof at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the State of
Florida, U.S.A. and you hereby consent to the exclusive jurisdiction and
venue of courts in Hillsborough County, Florida, U.S.A. in all disputes arising out
of or relating to the use of the PensionPlanet Web Site. Use of the
PensionPlanet Web Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and conditions, including without
limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and PensionPlanet as
a result of this agreement or use of the PensionPlanet Web Site.
PensionPlanet's performance of this agreement is subject to existing laws
and legal process, and nothing contained in this agreement is in derogation of
PensionPlanet's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the
PensionPlanet Web Site or information provided to or gathered by
PensionPlanet with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the agreement shall
continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and PensionPlanet with
respect to the PensionPlanet Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and PensionPlanet with respect to the
PensionPlanet Web Site. A printed version of this agreement and of any
notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same
extent an d subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express
wish to the parties that this agreement and all related documents be drawn up
in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the PensionPlanet Web Site are:
Copyright 2008 PensionPlanet.com and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned
herein may be the trademarks of their respective owners.
The example companies,
organizations, products, people and events depicted herein are fictitious. No
association with any real company, organization, product, person, or event is
intended or should be inferred.
Any rights not expressly granted herein are
reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law should be sent
to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement.