In this Agreement & Disclaimer
("Agreement") "you" and "your" refer to each customer or website visitor,
"we", us" and "our" refer to PLANITACTION, Inc. (doing business as
PLANITACTION TM, PlanItAction TM, and planitaction TM), its contractors,
agents, employees, officers, directors and affiliates (hereinafter “PLANITACTION”,
“PlanItAction” or “planitaction”) and "Services" refers to the services
provided by us.PLANITACTION PROVIDES THIS SITE AND RELATED SERVICES
SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH HEREIN.
PLEASE READ THE FOLLOWING INFORMATION CAREFULLY.
WARRANTY FOR DELIVERED
SERVICES: PLANITACTION
warrants that Services will be performed in a good and workmanlike manner.
THE WARRANTY STATED ABOVE IS THE EXCLUSIVE WARRANTY AND NO OTHER WARRANTY,
EXPRESSED OR IMPLIED, SHALL APPLY. PLANITACTION SPECIFICALLY DISCLAIMS THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATIONS: (A)
PLANITACTION'S LIABILITY TO PURCHASER FOR ANY CAUSE WHATSOEVER SHALL BE
LIMITED TO THE FEE’S PAID TO PLANITACTION FOR THE SERVICES THAT ARE THE
SUBJECT OF THE PURCHASER'S CLAIM. THIS LIMITATION WILL APPLY REGARDLESS OF
THE FORM OF ACTION, WHETHER CONTRACT OR TORT, INCLUDING WITHOUT LIMITATION
NEGLIGENCE. (B) IN NO EVENT WILL PLANITACTION BE LIABLE FOR DAMAGES
RESULTING FROM LOSS OF DATA OR USE, LOST PROFITS OR ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES.
DISCLAIMER
THIS SITE IS PROVIDED AS-IS WITH NO REPRESENTATIONS OR WARRANTIES, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU
ASSUME COMPLETE RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND ANY AND ALL
SITE-RELATED SERVICES. Some jurisdictions do not allow the exclusions of
implied warranties, so the above exclusion may not apply to you.
PLANITACTION, ITS AGENTS, REPRESENTATIVES AND EMPLOYEES ARE NEITHER
RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN
ANY WAY TO THIS SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION
CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE
SITE OR ITS SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
PLANITACTION SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY
INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED
PROFITS OR ROYALTIES ARISING OUT OF THIS AGREEMENT OR ANY GOODS OR SERVICES
PROVIDED, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THERE
FROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT
(INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF
WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.
EACH PARTY HEREBY WAIVES ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE SUCH PARTY
OF AN ADEQUATE REMEDY.
YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS ADVERTISE
THEIR PRODUCTS AND SERVICES ON THE PLANITACTION WEB SITE. PLANITACTION FORMS
"PARTNERSHIPS" OR ALLIANCES WITH SOME OF THESE VENDORS FROM TIME TO TIME IN
ORDER TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES TO YOU.
HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS PLANITACTION MAKING
ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S PRODUCTS OR
SERVICES, NOR WILL PLANITACTION BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND
SERVICES. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE
AGAINST PLANITACTION WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO
THE MAXIMUM EXTENT PERMITTED BY LAW.
You understand and agree that any material and/or data downloaded or
otherwise obtained through the use of our services is done at your own
discretion and risk and that you will be solely responsible for any damage
to your computer system or loss of data that results from the download of
such material and/or data. You understand that any material downloaded from
the planitaction.com site are downloaded at your sole discretion and risk.
We make no warranty regarding any goods or services purchased or obtained or
any transactions entered into with PLANITACTION. No advice or information,
whether oral or written, obtained by you from PLANITACTION shall create any
warranty not expressly made herein. Some jurisdictions do not allow the
exclusion of certain warranties, so some of the above exclusions may not
apply to you.
PLANITACTION at its sole discretion, may choose to change the terms,
conditions and operation of this Web site at anytime. By using this service
the user waives any rights or claims it may have against PLANITACTION.
The content available through the Site is the sole property of PLANITACTION
or its licensors and is protected by copyright, trademark and other
intellectual property laws. Except as otherwise explicitly agreed in
writing, PLANITACTION-owned content received through the Site may be
downloaded, displayed, reformatted and printed for your personal,
non-commercial use only. Content owned by PLANITACTION licensors may be
subject to additional restrictions. You agree not to reproduce, retransmit,
distribute, disseminate, sell, publish, broadcast or circulate the content
received through the Site to anyone, including but not limited to others in
the same company or organization without PLANITACTION'S express prior
written consent.
MATERIAL:
Material (e.g. software,
equipment, consulting methodologies and tools, documentation) used by
PlanItAction in the performance of Services may be stored at Purchaser's
facility. PlanItAction grants no title or license to such material, and it
remains the exclusive property of PlanItAction. Purchaser agrees to
properly secure such material and not to use it in any manner or make
available to third parties without PlanItAction's prior written consent.
LINK DISCLAIMER
Links to other sites are provided only as a courtesy to PLANITACTION
customers. These links do not constitute an endorsement of products,
services or information provided by other sites. Further, the inclusion of
links to other sites does not imply that the other sites have given
permission for inclusion of these links, or that there is any relationship
between PLANITACTION and the linked site. PLANITACTION is not responsible
for the privacy practices or the content of others web sites. PLANITACTION
hereby disclaims any representations or warranties expressed on any site
other than our own.
COPYRIGHT
All content within this Site, including, but not limited to text,
software, graphics, logos, icons and images are the property of PLANITACTION.
Except as provided herein, no portion of the materials on these pages may be
reprinted or republished in any form without the express written permission
of PLANITACTION. Permission is granted to print copies of informational articles
for your own use and review, provided that source attributions and copyright
notices are maintained.
TRADEMARK
We reserve all of our rights in the graphic image and text, any other
images, our trade names and trademarks, and any intellectual property
rights. PLANITACTION’s trade names, trademarks, logos and service names and
similar proprietary marks shall not be reprinted or displayed in any form
without the express written permission of PLANITACTION. The unique trade
dress of the Site is also a service mark of PLANITACTION.
EMAIL TRANSMISSIONS
When you send PLANITACTION an electronic mail transmission (as
distinguished from a secure order form, which is encrypted), the electronic
mail transmission is not necessarily secure and is not encrypted.
Accordingly, email transmissions are not necessarily protected from
unauthorized access. Transmission of email is at your own risk.
PLANITACTION cannot accept responsibility for your transmission of
confidential information or any obligation with respect to that information
not submitted over the secure server.
GOVERNING LAW
By using this site, you submit to the exclusive jurisdiction of the
state of Delaware and federal courts having jurisdiction in the County of
Wilmington, and you waive any jurisdictional, venue, or inconvenient forum
objections to such courts.
You agree that, if an agent for you (i.e., an Internet Service Provider,
employee, etc.) purchased our Services on your behalf, you are nonetheless
bound as a principal by all terms and conditions herein.
PLANITACTION may modify these terms of use at any time by making such
modification on this page.
BY USING THIS SITE AND/OR ANY SERVICES RELATED THERETO, YOU AGREE THAT
YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF USE.
--Thank
you for your interest in PlanItAction. Please feel free to contact us with
any questions or concerns you may have.
PLANITACTION, Inc.
31691 Well Bottom Road
Galena, Maryland 21635
610-389-0100
Email:
info@planitaction.com
URL: http://www.planitaction.com
