Terms of Service

The One Planner, LLC Terms of Service 1. ABOUT THE TERMS OF SERVICE Within these Terms of Service ("Terms") the term "The One Planner" or "we" will refer to The One Planner, LLC and TheOnePlanner.com. The term "you" refers to you as a user of The One Planner. 2. ACCEPTING THESE TERMS In order for you to use The One Planner, you must first agree to abide by the Terms. You can accept these Terms by: 1. Checking the box next to "I have read and agree to the Terms of Service" (or similar language); or 2. Using TheOnePlanner.com, in which case you understand and agree that these Terms will apply to your use of The One Planner. Before you continue to use The One Planner, you should print or save a local copy of the Terms for your records. 3. TYPES OF ACCOUNT AND SERVICE PERIODS The One Planner offers free and paid accounts. Account features are subject to change without notice. Free accounts do not expire, however The One Planner reserves the right to delete a free account for any reason, including but not limited to extended periods of inactivity. Paid accounts are based on renewable one-year service periods. Payment for the service period is due upon signing-up for the paid service. There are no partial refunds for early cancellation. Users may upgrade to a higher-level paid service by signing up for a new one-year service period at the higher service level. In the case of an upgrade, the user will receive prorated credit for any uncompleted service period. Users may only downgrade service at the beginning of a new service period, including downgrading to a free account. Downgrading may cause a user to lose data due to the relinquishment of certain service features. The One Planner reserves the right to cancel a user's pay account at any time and may, at its sole discretion, provide a full or partial refund of any service fees paid by the user. 4. EXCLUSION OF WARRANTIES YOU AGREE THAT YOUR USE OF THE ONE PLANNER IS AT YOUR SOLE RISK. BECAUSE OF THE NATURE OF AN ONLINE SERVICE, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS. IF YOU RELY ON THE ONE PLANNER OR ANY MATERIAL AVAILABLE THROUGH IT, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE ONE PLANNER. THE ONE PLANNER SERVICE IS PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." THE ONE PLANNER AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE ONE PLANNER, NOR DO THEY GUARANTEE THAT THE ONE PLANNER WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE ONE PLANNER WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 5. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL THE ONE PLANNER OR ITS AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THE ONE PLANNER, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF THESE DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THESE STATES, THE LIABILITY OF THE ONE PLANNER AND ITS AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE STATE LAW. YOU AGREE THAT THE LIABILITY OF THE ONE PLANNER AND ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE ONE PLANNER SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE ONE PLANNER FOR THE USE OF THE ONE PLANNER SERVICE. 6. INDEMNIFICATION You agree to indemnify, defend, and hold harmless The One Planner (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of the Terms or unauthorized use of The One Planner. We reserve the right, at our election to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with The One Planner in connection with our defense. 7. COPYRIGHT INFRINGEMENT The One Planner is committed to complying with U.S. copyright and related laws, and requires all users of The One Planner to comply with these laws. Accordingly, you may not use The One Planner to store any material or content, or disseminate any material or content, in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. December 11, 2009