November 6, 2000
WELCOME TO PLANWELL
maintain this Web site (the ³Site²) as a service to our customers.
By using our Site, you are agreeing to comply with
Please review the following terms carefully.
If you do not agree to these terms, you should not
review information or obtain goods, products or services from
PlanWellä ("PlanWell") makes
available to you on this Site information, documents, images,
software and products (collectively, the "Materials") and
various services operated by PlanWell (collectively, the
"Services"), subject to the terms and conditions set forth
includes your access to or use of any of the Services, you
PlanWell reserves the right to change the Terms of
Use from time to time at its sole discretion. Your use of the Site will be subject to
Site at the time of such use.
In addition, when using particular Services or Materials
on this Site, or entering sections of the Site for Members,
you shall be subject to any posted guidelines or rules applicable
to such Services or Materials that may contain terms and conditions
All such guidelines or rules are hereby incorporated
to use this Site automatically terminates and you must immediately
destroy any Materials downloaded or printed from the Site.
Agreement is void where prohibited by law, and the right to
access the Site, Materials and Services is revoked in such
Materials and Services on this Site, including, but not limited
to, the compilation of all content, are protected by copyright
and/or other intellectual property laws and any unauthorized
use of the Materials or Services at this Site may violate
such laws. Except
as expressly provided herein, PlanWell and its suppliers
do not grant any express or implied right to you under any
patents, copyrights, trademarks, rights in trade secrets,
or other intellectual property rights with respect to the
Materials and Services.
as expressly permitted herein, no portion of the Materials
on this Site may be reproduced in any form or by any means
without the prior written permission of PlanWell.
of Software. The software and accompanying documentation
that are made available to download from this Site are the
or end user license agreements that accompanies or is included
with such software, or that are set out below govern use of
the software. You will not be able to download or install
any software that is accompanied by or includes an end-user
license agreement unless you agree to the terms of such end-user
license agreement. If you do not agree to such terms, you
will not be able to use the software.
You may not decompile, reverse engineer, or otherwise
attempt to discover the source code of any of the software
available on or through the Site, unless, and only to the
extent that, applicable law prohibits contractual limitations
upon your right to do so, and then only after you have notified
PlanWell in writing of your intended activities.
of Site Information. Except as otherwise indicated elsewhere
on this Site, you may view, download, and print the documents
and information available on this Site subject to the following
documents and information may be used solely for personal,
informational, and internal purposes.
as expressly permitted, the documents and information may
not be modified or altered in any way.
as expressly permitted, the documents and information on the
Site may not be distributed.
may not remove any copyright, trademark or other proprietary
notices contained in the documents and information.
reserves the right to revoke the authorization to view, download,
and print the documents, Materials, software, and information
available on this Site at any time, and any such use shall
be discontinued immediately upon written notice from PlanWell.
rights granted to you constitute a limited license and not
a transfer of title.
rights specified above to view, download and print the documents,
Materials, software and information available on this Site
are not a right to copy the design, layout, or look and feel
of the Site apart from the uses permitted herein. Elements of this Site are protected by
trade dress and other laws and may not be copied or imitated
in whole or in part.
You agree not to use any means to circumvent log in,
password, and other protections that PlanWell puts in place
to restrict access to certain parts of the Site.
AND MEMBER INFORMATION
portions of the Site are only available to individuals and
entities that have become registered members of the Site as
Members may include services provided by PlanWell and by
third parties ("Associates").
To become a Member of PlanWell
you must submit a complete PlanWell registration form. By submitting a registration form, you
represent and warrant (a) that you are 18 years of age or
over, and (b) you personally are signing up as a Member, or
(iii) that you are signing up as a Member on behalf of an
entity you have identified in the registration form and are
authorized to sign for and bind that entity; and (c) the information
on the registration form is current, complete, and accurate. Member must update registration information
to ensure that it continues to be current, complete, and accurate.
PlanWell reserves the right to accept or reject Member
registrations for PlanWell.
acceptance of Member's registration form, PlanWell shall
provide to Member a Username and password.
Upon Member's receipt of that Username and password,
PlanWell authorizes Member to access and use PlanWell subject
AND PROTECTION OF USERNAME AND PASSWORD
are responsible for maintaining the confidentiality of your
account Username and password. You are responsible for all uses of your
account, whether or not actually or expressly authorized by
you. If there is a breach of the confidentiality
of a password or Username assigned to Member, or any breach
of security through Member's account, then Member shall notify
PlanWell immediately by contacting PlanWell at firstname.lastname@example.org.
including PlanWell's "Acceptable Use Policy", which is available
direct benefit of Member's internal business operations, and
shall not resell project management, hosting or any other
services on behalf of any third parties.
With respect to information available on the Site,
Member may (i) view that information, and (ii) order that
so long as those copies are distributed only to Member's employees
and so long as all copyright, trademark, and other proprietary
rights notices are included on those copies.
Except as specifically permitted above, Member shall
not (i) reproduce or distribute any information available
through the Site, electronically or otherwise, or (ii) store
or aggregate that information.
Member shall not share, rent, or sublicense any of
its rights under this Agreement to any other party.
Site can be accessed from other countries around the world
and may contain references to PlanWell products, services,
and programs that have not been announced in your country.
These references do not imply that PlanWell intends
to provide such Material, Services, or programs in your country.
TO AGGREGATE USE OF MEMBER INFORMATION
order to make various features and functions of Services and
Materials available to Members, PlanWell may collect information
about Member and Member's use of PlanWell, including the
acknowledges and agrees that PlanWell's collection and use
and PlanWell's operation and provision of PlanWell,
breach of Member's right of privacy, publicity, or any other
right related to protection of personal data, whether in equity,
law, contract, or otherwise. Member hereby waives any and all such
claims or rights of action, whether foreseen or unforeseen,
so long as the Member Information is collected, stored, and
the case of Members making use of Materials or Services provided
OF MATERIALS AND SERVICES
and Services available on or through the Site are routinely
updated, and PlanWell uses commercially reasonable efforts
to ensure that such information is reliable.
However, Member understands and acknowledges that PlanWell
does not control the posting or content of all the Materials,
nor will it verify the timeliness or content of Materials.
PLANWELL EXPRESSLY DISCLAIMS ANY RESPONSIBILITY
OR LIABILITY FOR ANY THIRD-PARTY MATERIALS OR SERVICES ON
THE SITE, OR ANY THIRD-PARTY INFORMATION OR SERVICES AVAILABLE
THROUGH A LINK FROM PLANWELL.
TO OTHER INTERNET WEB SITES
Site contains links to third-party Web sites that are not
under the control of PlanWell. PlanWell makes no representations whatsoever
about any other Web site to which you may have access through
this Site, including the Web sites of PlanWell Associates. When you access a non-PlanWell Web site,
you do so at your own risk and PlanWell is not responsible
for the accuracy or reliability of any information, data,
opinions, advice, or statements made on these sites; or for
the quality of any products or services available on such
sites; or for any damage or loss caused or alleged to be caused
through or in connection with use of or reliance on the content,
goods, or services available on or through any such link,
site, or resource. PlanWell provides these links merely
as a convenience and the inclusion of such links does not
imply that PlanWell endorses or accepts any responsibility
for the content or uses of such Web sites.
for Submissions. You
are solely responsible for the content of any materials, comments,
information, questions, data, feedback, ideas, descriptions
of processes, or other information submitted to PlanWell
through the Site by you or at your direction. You may only submit to the Site, content
that is (a) owned by you, (b) submitted with the express permission
of the owner, or (c) in the public domain.
You are prohibited from posting or transmitting to
or from this Site any unlawful, threatening, libelous, defamatory,
obscene, pornographic, or other materials that would violate
any law or the rights of others, including without limitation,
laws against copyright infringement. We reserve the right to restrict or terminate
your access to the site at any time without notice in the
does not want to receive confidential or proprietary information
from you through the Site. Any non-personal unsolicited information
or material sent to PlanWell will be deemed NOT confidential,
and by sending such information you hereby grant PlanWell
an unrestricted, irrevocable license to use, reproduce, display,
perform, modify, transmit, and distribute those materials
or information, and you also agree that PlanWell is free
to use any ideas, concepts, know-how, or techniques that you
send to us for any purpose.
Personal information, such as names, address, telephone
numbers, etc., will remain subject to PlanWell's Privacy
Obligations and Warranties.
For any information, materials, or documents of any
kind submitted or placed on the Site ("Member Content"), Member
shall obtain any and all licenses to, or releases of intellectual
or proprietary rights in or to the Member Content before delivery
to the Site. By
submitting Member Content to PlanWell for posting on the
Site, Member duly represents and warrants that Member is authorized
to and has all necessary legal right to make the Member Content
to refuse to post on the Site and to remove from the Site
at any time any Materials submitted by a Member at PlanWellıs
sole discretion. Member warrants that Member Content will
not contain content that (i) is libelous, obscene, excessively
violent, scandalous, or defamatory, (ii) contains viruses
or other contaminating or destructive features, (iii) violates
the personal, proprietary, or intellectual property rights
of any third party, or (iv) violates the Acceptable Use Policy
set forth herein.
for Member Content.
Certain Services offered on the Site accommodate or
require Member Content. By submitting Member Content to the Site,
you will grant PlanWell the following licenses:
Member Content including, but not limited to, Materials, files,
images or other information stored on the Site, you hereby
grant PlanWell a worldwide, royalty-free, non-exclusive license
to reproduce and modify, for purposes of formatting, maintenance,
or Site administration only, such Member Content. This license will remain in effect until
such Member Content is removed from the Site.
Member Content including, but not limited to, information
on or in the PlanWell forums, reports, or product suggestions,
you grant PlanWell an unrestricted, worldwide, irrevocable
license to use, reproduce, display, perform, modify, transmit,
and distribute any Member Content, and you also agree that
PlanWell is free to use any ideas, concepts, know-how, or
techniques that you submit to the Site for any purpose.
By virtue of these licenses, PlanWell obtains the
rights set out in the license and does not obtain any additional
right, title, or interest to any copyright, patent, trademark,
or other intellectual property right in or to the Member Content.
Except to the extent your name or identity is disclosed
by or through the configuration of your internet browser or
e-mail software or other systems used by you during any submissions
to or participation in user groups, user forums, chat rooms,
or similar services which we may offer from time to time,
PlanWell will not release your name or otherwise publicize
the fact that you submitted such Member Content to the Site
unless: (a) you grant PlanWell permission to do so; (b) the
Member Content itself discloses your name or identity; (c)
PlanWell first notifies you that the Member Content you submit
to a particular part of the Site will be published or otherwise
used with your name on it; (d) the Member Content you submit
has become the subject of a claim that, if true, would constitute
a breach of your warranties set for herein; or (e) PlanWell
is required to do so by law.
may establish general practices and limits on the use of any
Service, including, but not limited to, limits on retention
time, file size, and storage space for Member Content.
PlanWell shall have no liability or responsibility
for the deletion or failure to store any information or Materials
in connection with any Service.
of Member Content. By using the Site, you acknowledge that:
(i) PlanWell may not pre-screen Member Content and, as such,
PlanWell does not guarantee the accuracy, integrity, or quality
of such Member Content; (ii) you will evaluate, and bear all
risks associated with, the use of any Member Content, including
any reliance on the accuracy, completeness, or usefulness
of such Member Content; (iii) you may be exposed to content
that is indecent, offensive, or otherwise objectionable; and
(iv) under no circumstances will PlanWell be liable in any
way for any Member Content, including, but not limited to,
any errors or omissions in any Member Content, or for any
loss or damages or any kind incurred as a result of the use
of any Member Content.
to Remove or Disable Access.
If PlanWell is made aware of Member Content that may
be (i) libelous, obscene, excessively violent, scandalous,
defamatory, or that PlanWell determines in its sole discretion
to be otherwise unacceptable, undesirable, or objectionable,
(ii) a violation of any law, regulation, or rights of a third
party, including, but not limited to, rights under the copyright
law and prohibitions on libel, slander, and invasion of privacy,
or (iii) a violation of the Acceptable Use Policy set forth
herein, PlanWell has the right, but not the obligation, to
remove or disable access to that Member Content.
For Member Content that Member reasonably deems to
be in violation of law, PlanWell shall remove such Member
Content pursuant to PlanWell's Copyright Policy herein.
OF COPYRIGHT INFRINGEMENT
PlanWell will, in appropriate circumstances and at its sole
discretion, terminate the accounts of Members involved in
disputes regarding intellectual property rights and remove
or disable access of such Members to the PlanWell site. If you believe that your work has been
used or copied in a way that constitutes copyright infringement
and such infringement is occurring on this Site, you must
provide PlanWell's Copyright Agent a notice (³Notice²) containing
the following elements:
physical or electronic signature of the person authorized
to act on behalf of the copyright owner that is alleged to
have been infringed.
A description of the copyrighted work(s) that you claim have
been infringed including the date the work(s) was created,
the name of the author(s), the title of the work(s), and whether
the work(s) has been registered with the United States Copyright
Office. If the work(s) has been registered with the United
States Copyright Office, also provide a copy of the Copyright
A description of the activity or the material on the PlanWell
site claimed to infringe the copyright including where the
material is located on the PlanWell site.
sufficient to permit PlanWell to contact you, such as your
physical address, telephone number, and email address.
A statement by you that you have a good faith belief that the
use of the material identified in your Notice in the manner
complained of is not authorized by the copyright owner, its
agent, or the law, and infringes upon the copyright identified.
A statement by you under penalty of perjury, that the information
in your Notice is accurate and, that you are the copyright
owner or authorized to act on the copyright owner's behalf.
of claims of copyright infringement should be sent to:
NOTICE OF CLAIMS OF
COPYRIGHT INFRINGEMENT SHOULD ONLY BE SENT IF YOU BELIEVE THAT YOUR WORK HAS
BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH
INFRINGEMENT IS OCCURRING ON THIS SITE. THE ABOVE NOTED PERSONNEL WILL NOT
RESPOND TO ANY OTHER INQUIRIES.
INQUIRIES ABOUT OTHER MATTERS SHOULD BE MADE BY SENDING EMAIL TO
EXCEPT AS EXPRESSLY
PROVIDED OTHERWISE IN A WRITTEN AGREEMENT SIGNED BY AUTHORIZED REPRESENTATIVES
OF YOU AND PLANWELL, ALL MATERIALS AND SERVICES ON THIS SITE AND YOUR USE OF
ASSOCIATES SITES OR OTHER SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING,
PLANWELL MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR
REQUIREMENTS, (ii) THE SITE, SERVICES AND MATERIALS WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv)
THE QUALITY OF ANY PRODUCTS, MATERIALS, SERVICES, OR INFORMATION PURCHASED OR
OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN
THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED
WARRANTIES THAT CANNOT BY LAW BE EXCLUDED ARE LIMITED TO SIXTY (60) DAYS. ALL MATERIALS PURCHASED OR ORDERED FROM
PLANWELL ARE MADE PURSUANT TO A SHIPMENT CONTRACT. THIS MEANS THAT THE RISK OF LOSS AND
TITLE FOR SUCH ITEMS PASS TO YOU UPON OUR DELIVERY TO THE
THIS SITE COULD
INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. PLANWELL MAY MAKE CHANGES TO THE
MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF
ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE
MAY BE OUT OF DATE, AND PLANWELL MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS
PLANWELL ASSUMES NO
RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND/OR SERVICES OR FOR
INFORMATION, MATERIALS, OR SERVICES OF THIRD PARTIES THAT ARE REFERENCED BY OR
LINKED TO THIS SITE, INCLUDING, WITHOUT LIMIT, THOSE OF PLANWELL'S
ASSOCIATES. REFERENCES TO OTHER
COMPANIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT
LIMIT, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
IN NO EVENT SHALL
PLANWELL OR ITS LICENSORS OR ASSOCIATES OR SUPPLIERS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT
PLANWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ON ANY THEORY
OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF
ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE, INCLUDING THOSE OF
PLANWELL'S ASSOCIATES. SOME
JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
THE USE OF THE
SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR SOFTWARE
THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND WITH YOUR
AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM PLANWELL OR THROUGH OR FROM THE SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF
IN ADDITION TO THE
LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE, IN NO EVENT WILL PLANWELL'S
LIABILITY FOR THE SUBJECT MATTER OF THIS AGREEMENT EXCEED THE PRICE YOU PAID FOR
ANY MATERIALS OR SERVICES.
THAT THE ALLOCATION OF RISK AND THE LIMITATIONS OF LIABILITIES CONTAINED IN THIS
AGREEMENT IS A MATERIAL CONSIDERATION FOR PLANWELL ENTERING INTO THIS
effective as of the date you make use of the Site, or, in the case of Materials
and Services accessible only to Members, the date a Member receives a Username
or password authorizing access to the Site, and continues in force and effect
until terminated in accordance with this Section or, in the case of a user that
has not become a Member, immediately upon such users breach of any of the Terms
of Use. PlanWell reserves the
right to immediately terminate this Agreement effective upon written (or
emailed) notice to Member if Member materially breaches any of the terms or
conditions of the Terms or Use that is not cured within ten (10) days after
notice from PlanWell. PlanWell
reserves the right to suspend access to and use of the Site pending cure of a
Member's breach. In addition,
or for no reason, upon thirty (30) days notice to the other.
Termination is in addition to
all other legal or equitable remedies available to either party. Upon termination of this Agreement for
any reason, Member shall cease to access or to use any Materials or Services
The limitations and
disclaimers of warranties, and the indemnity obligations of Members, and the
provisions of governing law, jurisdiction and venue, shall survive the
Termination of this Agreement.
Member and any user shall, at
memberıs or userıs own expense, as applicable, indemnify, defend, and hold
PlanWell and its subsidiaries, affiliates, officers, employees, agents,
co-branders, associates, suppliers, or other partners harmless from and against
any losses, costs, damages, liabilities, and expenses (including reasonable
attorneys' fees), arising out of or related to a third-party claim, action or
allegation (a) related in any way to a transaction or dispute between
Member/user and any third party, (b) based on or caused by unauthorized access
to the Site through Member's account, (c) is based on facts or alleged facts
that would constitute a breach of any of Member's representations, warranties,
or covenants under this Agreement, or (d) arising out of a request for PlanWell
to remove or disable access to any Member Content in or on the Site. Member/user shall not enter into a
settlement of the foregoing without PlanWell's prior written consent, and shall
not incur expenses and fees in defending the above claims, actions, or
allegations without prior approval from PlanWell.
the entire agreement between you and PlanWell with respect to the Site and
supersedes all prior agreements or previous discussions (written or oral)
between you and PlanWell. These
by posting the new terms and conditions in the same location the previous terms
and conditions were posted. If
Member or user continues to use the Materials, Services, or Site, then Member
and user will be considered to have accepted the modifications.
PlanWell's failure to enforce
any provision of this Agreement will not be construed as a waiver of any
provision or right. In the event
that a portion of this Agreement is held unenforceable, the unenforceable
portion will be construed in accordance with applicable law as nearly as
possible to reflect the original intentions of the parties, and the remainder of
the provisions will remain in full force and effect. Waiver by either party of a breach of
any provision of this Agreement or the failure by either party to exercise any
right hereunder shall not operate or be construed as a waiver of any subsequent
breach of that right or as a waiver of any other right.
PlanWell will not be liable
in any amount for failure to perform any obligation under this Agreement if such
failure is caused by the occurrence of cause beyond the reasonable control of
PlanWell including, without limitation, outages of the Internet or connections
thereto, communications outages, labor shortage, earthquake, fire, flood, war,
or act of God; or any acts of governmental bodies or authorities.
GOVERNING LAW AND
This Site (excluding linked
sites) is controlled by PlanWell from its offices within the State of
California, United States of America.
By accessing this Site, you and PlanWell agree that the statutes and
laws of the State of California, without regard to the conflicts of laws
principles thereof, shall govern all matters relating to your access to, or use
of, this Site and any Materials or Services. You and PlanWell also agree and hereby
submit to the exclusive personal jurisdiction and venue of the state courts in
San Francisco County and the United States District Court for the Northern
District of California with respect to such matters. PlanWell makes no representation that
Materials or Services available on this Site are appropriate or available for
use in other locations, and accessing them from jurisdictions where their
contents are illegal is prohibited.
Those who choose to access this Site from other locations do so on their
own at their own risk and are responsible for compliance with local laws.
You agree not to use PlanWell
to upload, post or otherwise transmit any data or content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable, harm minors in any way, impersonate any person or
entity, including, but not limited to, a PlanWell representative, or falsely
state or otherwise misrepresent your affiliation with a person or entity,
upload, post or otherwise transmit any content that you do not have a right to
transmit under any law or under contractual or fiduciary relationships (such as
inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements), upload, post or otherwise transmit any content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights of any
party, upload, post or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, upload, post or otherwise
transmit any material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment, interfere
with or disrupt PlanWell or servers or networks connected to PlanWell, or
disobey any requirements, procedures, policies or regulations of networks
connected to PlanWell, "stalk" or
otherwise harass another, collect or store personal data about other users,
data, robots or similar data gathering and extraction tools, promote or provide
instructional information about illegal activities, promote physical harm or
injury against any group or individual, or promote any act of cruelty to
animals. This may include, but is
not limited to, providing instructions on how to assemble bombs, grenades and
other weapons, and creating "Crush" sites, use your project hosting site (or
directory) as storage for remote loading or as a door or signpost to another
home page, whether inside or beyond PlanWell.
You also agree to not use
PlanWell to engage in commercial activities without enrolling in
PlanWell-approved affiliate programs.
This includes, but is not limited to, the following activities: offering
for sale any products or services, soliciting for advertisers or sponsors,
conducting raffles or contests that require any type of entry fee, displaying a
sponsorship banner of any kind, displaying banners for services that provide
cash or cash-equivalent prizes to users in exchange for hyperlinks to their Web
This Site or any portion of
this Site may not be reproduce, duplicated, copied, sold, resold, visited or
otherwise exploited for any commercial purpose without express written consent
of PlanWell. You may not frame or
utilize framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of PlanWell and our
affiliates and Associates without our express written consent. You may not use any meta tags or any
other ³hidden text² utilizing our name or trademarks without our express written
consent. Any unauthorized use
terminates the permission or license granted by us.
ASSOCIATE AND THIRD PARTY
TERMS AND CONDITIONS
terms and conditions of third parties may apply to certain Materials or Services
that users may access on the Site.