Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by PlanbookEdu, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your PlanbookEdu.com Account. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify PlanbookEdu of any unauthorized uses of your account or any other breaches of security. PlanbookEdu will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Accounts May Not Be Shared. A PlanbookEdu account is intended for sole use by the individual who purchased the subscription. PlanbookEdu accounts may NOT be shared. If PlanbookEdu finds that other individuals utilize your account, your account will be suspended and/or terminated and you may be refused future use of PlanbookEdu's services.
- Responsibility of Contributors. If you operate a planbook, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by PlanbookEdu or otherwise.
If you delete Content, PlanbookEdu will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, PlanbookEdu has the right (though not the obligation) to, in PlanbookEdu's sole discretion (i) refuse or remove any content that, in PlanbookEdu's reasonable opinion, violates any PlanbookEdu policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in PlanbookEdu's sole discretion. PlanbookEdu will have no obligation to provide a refund of any amounts previously paid.
- Fees and Payment. Optional premium paid services such as file storage, planbook sharing and printing are available on the Website. By selecting a premium service you agree to pay PlanbookEdu the annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for an annual period as indicated.
- Premium Services.
- Fees; Payment. By signing up for a Premium Services account you agree to pay PlanbookEdu the annual fees indicated at http://planbookedu.com in exchange for the services listed at http://planbookedu.com. Applicable fees will be invoiced starting from the day your Premium Services are established and in advance of using such services. PlanbookEdu reserves the right to change the payment terms and fees. Premium Services can be refunded within 30 days of order.
- Support. Premium Services include access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by PlanbookEdu to respond within one business day) concerning the use of the Premium Services. "Priority" means that support for Premium Services customers takes priority over support for users of the standard, free PlanbookEdu.com services. All Premium Services support will be provided in accordance with PlanbookEdu standard Premium Services practices, procedures and policies.
- Responsibility of Website Visitors. PlanbookEdu has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, PlanbookEdu does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. PlanbookEdu disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which PlanbookEdu.com links, and that link to PlanbookEdu.com. PlanbookEdu does not have any control over those non-PlanbookEdu websites and webpages, and is not responsible for their contents or their use. By linking to a non-PlanbookEdu website or webpage, PlanbookEdu does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. PlanbookEdu disclaims any responsibility for any harm resulting from your use of non-PlanbookEdu websites and webpages.
- Copyright Infringement and DMCA Policy. As PlanbookEdu asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by PlanbookEdu.com violates your copyright, you are encouraged to notify PlanbookEdu. PlanbookEdu will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of PlanbookEdu or others, PlanbookEdu may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, PlanbookEdu will have no obligation to provide a refund of any amounts previously paid to PlanbookEdu.
- Intellectual Property. This Agreement does not transfer from PlanbookEdu to you any PlanbookEdu or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with PlanbookEdu. PlanbookEdu, PlanbookEdu.com, the PlanbookEdu.com logo, and all other trademarks, service marks, graphics and logos used in connection with PlanbookEdu.com, or the Website are trademarks or registered trademarks of PlanbookEdu or PlanbookEdu's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any PlanbookEdu or third-party trademarks.
- Changes. PlanbookEdu reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. PlanbookEdu may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. PlanbookEdu may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your PlanbookEdu.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Premium Service account, such account can only be terminated by PlanbookEdu if you materially breach this Agreement and fail to cure such breach within thirty (30) days from PlanbookEdu's notice to you thereof; provided that, PlanbookEdu can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. PlanbookEdu and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither PlanbookEdu nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will PlanbookEdu, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to PlanbookEdu under this agreement during the twelve (12) month period prior to the cause of action. PlanbookEdu shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless PlanbookEdu, 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 Website, including but not limited to your violation of this Agreement.