Terms of Use

By using this website, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use").  If you do not agree to these Terms of Use, please do not use this site.   We reserve the right, at our discretion, to update or revise these Terms of Use.  Please check the Terms periodically for changes.  Your continued use of this website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.  

AGREEMENT TO RULES OF USER CONDUCT

You agree to abide by the following Rules of User Conduct:

By posting information in or otherwise using any blog, comment area, or other interactive service, that may be available to you on or through this website, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content that:

1. is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another's privacy, discriminatory, sexually oriented or tortious;
2. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
3. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, or any form of lottery or gambling;
4. constitutes the selling or trading of any merchandise;
5. constitutes the soliciting for advertisers/sponsors; conducting contests/raffles; displaying advertising/sponsorship art; promoting, soliciting or participating in chain letters or marketing/pyramid schemes;
6. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
7. contains links to sites that violate these Terms of Use, such as pornographic sites, defamatory sites, and so on; or
8. impersonates any person or entity.

We have the right at our sole discretion to remove any content that, in our judgment, does not comply with the foregoing or is otherwise harmful, objectionable, or inaccurate.  We are not responsible for any failure or delay in removing such content.

USER'S GRANT OF LIMITED LICENSE

Permission is granted to temporarily download the materials (information or software) on Planning for Prosperity, LLC's web site for personal, non-commercial transitory viewing only.  This is the grant of a license, not a transfer of title, and under this license you may not:

1. modify or copy the materials;
2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3. attempt to decompile or reverse engineer any software contained on Planning for Prosperity, LLC's web site;
4. remove any copyright or other proprietary notations from the materials; or
5. transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Planning for Prosperity, LLC at any time.  Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.  

PERSONAL AND NON-COMMERCIAL USE LIMITATION

All information provided is solely for your personal and non-commercial use.   You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.   A license must be purchased from Planning for Prosperity, LLC for the use of any material found on the site.   Information provided by other companies is also subject to the terms of any and all licensing agreements, copyrights, and patents held by them.   Any use of information from this site is expressly prohibited by law, and may result civil and criminal penalties.  We will prosecute to the maximum extent possible.

PASSWORDS AND PROTECTING YOUR SECURITY

Passwords must meet the standards we establish from time to time.  These standards will be available for your reference whenever you create or change a password.  If we change these standards, you may be required to change your password to meet the new standards.  We may require you to change or update your password at any time.  We are not required to give you advance notice that we have changed the standards, or that we are requiring you to change or update your password.

For security purposes, it is recommended that you memorize your password and do not write it down.  You are responsible for keeping your password confidential.  

TRADEMARKS AND COPYRIGHTS

The registered and unregistered trademarks of Planning for Prosperity, LLC may not be used in connection with any product or service that is not Planning for Prosperity's and may not be used in any manner that is likely to cause confusion among customers or that disparages or discredits Planning for Prosperity.   All other marks appearing on this Website are the exclusive property of their respective owners.   All content on this Website, including, but not limited to, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, is the property of Planning for Prosperity or its content vendors and is protected by U.S.  and international copyright laws.   The compilation of all content on this Website is the exclusive property of Planning for Prosperity or its content vendors and is protected by U.S.  and international copyright laws.  All software used on this Website is the exclusive property of Planning for Prosperity or its software suppliers and is protected by U.S.  and international copyright laws and other laws.

HYPERLINKING FROM THE WEBSITE

In the event you use the hyperlinks included on the Website to gain access to a World Wide Web site or Internet location or source of information on any company, organization or person other than Planning for Prosperity, LLC or to any other Internet location, you acknowledge that such other sites or locations are not under the control of Planning for Prosperity, LLC and agree that Planning for Prosperity, LLC shall not be responsible for any information or other hyperlinks found at any such World Wide Web site or Internet location or source of information or for your use of such information.  Planning for Prosperity, LLC provides such links only as a convenience to you and has not tested any software or verified any information found at such sites.  The fact that Planning for Prosperity, LLC has provided a link to another site does not signify an endorsement of the site or its contents by Planning for Prosperity, LLC.  There are inherent risks in the use of any software or information found on the Internet, and you acknowledge that you understand these risks before making any use of the Website.

PRIVACY AND USE OF INFORMATION

We are committed to protecting your privacy.  All information gathered from you in connection with using this service will be governed by the Planning for Prosperity Online Privacy Policy.  

You agree that we may, in our sole discretion, collect and retain certain information and use that information to make recommendations via email with content and services that we believe are applicable to your financial situation.

The type of information we may collect, retain and use concerning you includes, but is not limited to, gender, year of birth, household demographics, financial statistics, email address, and the IP address and other identifiers related to the computers and Handheld Device(s) you use to access the Service.

TERMINATION, SUSPENSION or MODIFICATION

The rights granted to you herein terminate immediately upon any violation by you of these Terms and Conditions.  Planning for Prosperity, LLC reserves the right to terminate, suspend or modify your access to the Website at any time, without notice, for any reason whatsoever.  You agree that Planning for Prosperity, LLC shall not be liable to you or any third party for any termination of your access to this Website.  

DISCLAIMER OF WARRANTIES

THE STATEMENTS AND OPINIONS IN THE MATERIAL CONTAINED ON THIS WEBSITE AND ANY PLANNING FOR PROSPERITY, LLC PUBLICATIONS AND MATERIAL WHICH MAY BE ACCESSED FROM THIS WEBSITE ARE THOSE OF THE INDIVIDUAL CONTRIBUTORS OR ADVERTISERS, AS INDICATED.  PLANNING FOR PROSPERITY, LLC HAS USED REASONABLE CARE AND SKILL IN COMPILING THE CONTENT OF THIS WEBSITE.  HOWEVER, PLANNING FOR PROSPERITY, LLC, ITS EMPLOYEES, AND CONTENT PROVIDERS MAKE NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE AND ACCEPT NO RESPONSIBILITY OR LIABILITY FOR ANY INACCURACY OR ERRORS AND OMISSIONS, OR FOR ANY DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING OUT OF THE ACCESSING OR USE OF ANY FILES, SOFTWARE AND OTHER MATERIALS, INSTRUCTIONS, METHODS OR IDEAS CONTAINED ON THIS WEBSITE OR IN THE PLANNING FOR PROSPERITY PUBLICATIONS AND MATERIAL ACCESSED FROM IT.

ANY THIRD PARTY WEBSITE WHICH MAY BE ACCESSED THROUGH THIS WEBSITE OR THIRD PARTY PRODUCTS DISCUSSED ON THIS WEBSITE ARE THE SOLE RESPONSIBILITY OF THE THIRD PARTY POSTING THE WEBSITE OR PRODUCING THE PRODUCT.  PLANNING FOR PROSPERITY, LLC MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO SUCH THIRD PARTY WEBSITES OR PRODUCTS AND ACCEPTS NO LIABILITY WHATSOEVER FOR ANY ERRORS AND OMISSIONS OR FOR ANY DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING OUT OF THE USE OR OPERATION OF ANY SUCH PRODUCTS OR ANY MATERIALS, INSTRUCTIONS, METHODS OR IDEAS CONTAINED ON SUCH WEBSITES.

ALL WEB BASED AND SOFTWARE APPLICATIONS AS WELL AS ANY ELECTRONIC FILES ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONS, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND DOWNLOADING AND/OR USING THE SOFTWARE AND FILES IS AT THE USER'S SOLE RISK.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL PLANNING FOR PROSPERITY, LLC, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE.  THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

Upon a request by us, you agree to defend, indemnify, and hold harmless Planning for Prosperity, LLC.  and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this website.

REVISIONS AND ERRATA

The materials appearing on Planning for Prosperity, LLC's web site could include technical, typographical, or photographic errors.  Planning for Prosperity, LLC does not warrant that any of the materials on its web site are accurate, complete, or current.  Planning for Prosperity, LLC may make changes to the materials contained on its web site at any time without notice.  Planning for Prosperity, LLC does not, however, make any commitment to update the materials.  

CHOICE OF LAW AND FORUM

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without regard to such State's conflict of law rules.  You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this website shall be filed only in the state or federal courts located in the State of New York, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.  

INTERNATIONAL USE

We make no representation that materials on this website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.  Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

AMENDMENTS TO THIS AGREEMENT

Except as otherwise required by law, we may in our sole discretion change the terms of this Agreement from time to time and at any time.  This may include adding new or different terms to, or removing terms from, this Agreement.  When changes are made we will update this Agreement on the Website.  The Website will be updated on or before the effective date, unless an immediate change is necessary to maintain the security of the system or unless a law, rule or regulation requires that it be updated an earlier time.  If such a change is made, and it can't be disclosed without jeopardizing the security of the system, this Agreement will be updated within 30 days after the change.  You will be notified as soon as possible when any changes are made which materially affect your rights, such as changes regarding how your information is maintained or used, or changes to the terms of this Agreement.  By continuing to use the Service after we send you notice of any change, you agree to the change.  Changes to fees or terms applicable to Eligible Accounts are governed by the agreement otherwise governing the applicable account.  Except as otherwise required by law, any change to this Agreement applies only to transactions that occur, or claims that arise, after the amendment becomes effective.