Terms And Conditions

Planned Growth Terms & Conditions

These Terms and Conditions (“Terms”), including any revised terms that we may post from time to time, state the terms and conditions under which Planned Growth, Inc. and its subsidiaries and affiliates (“Planned Growth” and may be referred to herein as “us”, “we”, “our”) provides its services (the “Services”) to you, which includes your access to this website (the “Website”).  These Terms evidence the agreement governing the relationship between you and Planned Growth for your use of this Website and your receipt of the Services.  In addition, these Terms govern the relationship between Planned Growth and any Customer of Planned Growth (a “Customer”) pursuant to any agreement for the Services entered into by Customer (each an “Agreement”); any such Agreements are incorporated herein by reference and these Terms have been specifically incorporated into each Agreement by reference.  Any reference to “you”, “your”, “user” or “Customer” shall refer to any user of the Website or Services or any Customer as defined above.

BY ACCESSING, BROWSING, AND/OR USING OUR WEBSITE AND/OR CONTRACTING FOR OUR SERVICES WHETHER ON OR OFF THE WEBSITE, YOU ARE DEEMED TO ACCEPT THESE TERMS AND AGREE TO BE BOUND BY THESE TERMS WITH RESPECT TO THE RECEIPT AND USE OF OUR SERVICES AND/OR WEBSITE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR DO NOT MEET THE USE REQUIREMENTS LISTED HEREIN, PLEASE DO NOT ACCESS, BROWSE, OR USE OUR WEBSITE OR ANY SERVICES WE PROVIDE. ADDITIONALLY, IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR DO NOT MEET THE USE REQUIREMENTS LISTED HEREIN, NO SALE TRANSACTION SHALL BE DEEMED TO HAVE OCCURRED OR COMPLETED AND YOU SHOULD CONTACT PLANNED GROWTH IMMEDIATELY FOR A REFUND OF ANY PAYMENTS PREVIOUSLY MADE.

We may make changes to these Terms from time to time in our sole discretion. Each time changes are made to these terms, revised Terms will be posted on our home page. Your continued use of our Website following the posting of changes constitutes your acceptance of any such changes.

1.  Your Use of this Website

OWNERSHIP OF OUR WEBSITE AND PROTECTION OF OUR RIGHTS

The contents of the Website, located at www.plannedgrowth.com, are intended for the personal use of our users and Customers. The Website is owned and operated by Planned Growth. All right, title, and interest to the content displayed on our Website, including but not limited to the Website’s look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs, and content provided by third parties, are the property of the Planned Growth, or third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws. Except as expressly authorized by us, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer, or create derivative works based on the Website or any content (including without limitation any software) available through the Website. Our Website is not to be used to distribute or transmit any content that infringes or violates another person’s rights under copyright law.

 OUR PRIVACY POLICY

The information that we obtain through your use of our Website, whether through the registration process or otherwise, is subject to the privacy policy posted on our Website (“Privacy Policy”).  Our Privacy Policy contains terms and conditions that govern our collection and use of the information you provide to us, including our respective rights relative to that information, and is incorporated herein by reference. Please review our Privacy Policy before you access this Website or use the Services.  You have agreed to the Privacy Policy by accessing the Website and/or by signing an Agreement agreeing to these Terms and Privacy Policy. If you are unwilling to accept the terms and conditions of our Privacy Policy, please do not access our Website or use the Services. You agree not to modify the Services in any manner or form, or to use modified versions of the Services, including (without limitation) for the purpose of obtaining unauthorized access to the Services or portions of the Services. You agree not to access the Services by any means other than through the interface that is provided by us for use in accessing the Services. Except as expressly provided in this Terms, nothing contained in the Agreement, these Terms, or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppels or otherwise, with respect to any of our content or under any third party’s content. Any rights not expressly granted herein are reserved.

Planned Growth protects the privacy of its Customers. Planned Growth does not share or use for its own purpose any Customer information via its Website other than that voluntarily submitted by users through the Website registration or referral processes, the Website’s contact, Customer support, or feedback forms, and/or comments posted by users in the Website’s user forums or in response to blog posts or other interactive content published on the Website. All Customer account information stored in a private area is accessible only by Customer and designated Planned Growth personnel.

Customer contact and other personal information is only collected for the legitimate business purposes of Planned Growth.  Customer contact and other personal information will not be distributed or shared with third parties unless those parties and the shared information are essential to the provision of Services or products requested by Customer. Contacts and proprietary information entered into Planned Growth’s systems and services shall not be used for other purposes than those designated by the Customer by Planned Growth, and shall not be sold to third parties.

Customer shall take measurable steps to maintain the right of privacy of Planned Growth.  Customer agrees that notwithstanding any rights of publicity, privacy, or otherwise (whether or not statutory) anywhere in the world and without any further compensation, Planned Growth may and is hereby authorized to use Customer’s name in connection with promotion of its business, products, and Services and to allow others to do so in any manner Planned Growth sees fit.

 2.  The Services

Planned Growth is a technology-based marketing company which offers Customer-oriented content management and marketing services (the “Services”).  Customer has entered into a contract for the provision of such Services by Planned Growth.

 3. Compensation; Payment Terms

As consideration for Planned Growth’s completion of the Services pursuant to an Agreement, Customer shall pay Planned Growth the required compensation in each Agreement as set forth herein:

Customer agrees to pay for all quoted products or other one-time fees in advance if applicable. For website creation and development, Customer agrees to pay 50% of the total cost upon contract execution and the final 50% after the website goes live.  Planned Growth reserves the right to not give the admin password to the customer website until the final 50% or additional fee’s are collected from the Customer.

Planned Growth reserves the right to charge Customer the final 50% for website creation after 6 months of the signed agreement even if the site is not completed.

Customer agrees to pay for the first month of quoted monthly subscriptions for the Services in advance. Planned Growth shall bill Customer for the quoted monthly subscriptions each month in advance, and reserves the right to withhold the Services if payment is not received prior to the month the Services will be used.

In any given month, should Planned Growth use the allotted hours purchased prior to the end of a calendar month as set forth in the Customer’s content management plan (the “Content Management Plan”) pursuant to an Agreement, Planned Growth shall notify Customer of this event and act on one of the following pre-selected options:

  • Cease provision of the Services until the next calendar month
  • Upgrade to a larger Content Management Plan
  • Continue providing the Services at overage rates set forth and selected below:
    • Overage Rates
      • 10HR Plan- $110
      • 20HR Plan- $105
      • 40HR Plan- $100

IF NO SELECTION IS MADE ABOVE, PLANNED GROWTH WILL, BY DEFAULT, CEASE PROVISION OF THE SERVICES UNTIL THE NEXT CALENDAR MONTH.

All payments shall be made and processed in U.S. dollars.  All payments are required in advance to any Services being rendered. In the event that Planned Growth arranges for financing or progress payments, these payments are required in advance as per the terms of each Agreement.

All Services are billed in advance with the exception of ‘metered’ services (e.g. quantities of bulk mail sent, overages for packages, etc.). In these instances, Planned Growth shall bill in arrears for metered usage.

Customer is not entitled to refunds for partial months of service, or un-used service.

All stated prices are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Customer shall be responsible for payment of all such taxes, levies, etc. To the extent that Planned Growth is required to collect, remit, or pass through taxes, the applicable amounts shall be added to Customer order and presented during billing.

Customer agrees that in the event Planned Growth is unable to collect the fees owed to Planned Growth for any Services under any Agreement, Planned Growth may take any steps it deems necessary to collect such fees. Customer shall be responsible for all reasonable collections costs and expenses incurred by Planned Growth in connection with such collection activity, including collection fees, court costs, and attorneys’ fees. Customer further agrees that Planned Growth may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.

4. Term; Termination

Customer agrees to purchase the Services listed in the Agreement for the term agreed upon in the Agreement (the “Term”).  Planned Growth reserves the right to refuse Service to anyone for any reason at any time.

Except as otherwise set forth in an Agreement, the following terms shall apply:

A.  Termination of Planned Growth Monthly Services

Either party may terminate monthly services by providing 30 days’ advance written notice.

Customer agrees that, if any Agreement is terminated prior to the end of the Term for any reason relating to Customer actions or inactions, Customer continues to be liable for all financial obligations arising from any Agreement or these Terms including, but not limited to, remaining commitments, progress payments or financing repayment.

Auto-Renewal – Both parties agree that, at the end of the Term, the Agreement shall renew on a month-to-month basis unless terminated by either party in writing with no less than 30 days’ advance notice. Should any Agreement auto-renew, the Agreement shall renew at prevailing rates for same Services as defined on the fee schedule for such services located on www.plannedgrowth.com.

B.  Termination of any Services by Planned Growth

Planned Growth may suspend or terminate your access to the Services, and may refuse all future access to the Services or any other Planned Growth service, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate or breach any term of any Agreement or these Terms; (iii) your conduct may harm Planned Growth or others or cause Planned Growth or others to incur liability, as determined by Planned Growth in our sole discretion; or (iv) as otherwise specified in any Agreement or these Terms. Such termination of the Service will result in the deactivation or deletion of Customer’s account or access to Customer’s account, and the forfeiture and relinquishment of all content in Customer’s account. In such event, Planned Growth shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Planned Growth may charge you for all fees due for the Services for the remaining portion of the then current term.

5. Money-Back Guarantee for Managed Shared and VPS Hosting

Planned Growth offers a forty-five (45) day money-back guarantee for Planned Growth’s managed shared and VPS hosting services only. Subject to the terms described in Section 6 below, if you are not completely satisfied with these hosting services and you terminate your account within forty-five (45) days of signing up for the Services (the “Money-Back Guarantee Period”), you will be given a refund of all basic shared or VPS hosting fees previously paid by you to Planned Growth for the initial term (“Money-Back Guarantee Refund”). This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software, or other setup fees, or to any fees for any other additional services.

6. Cancellations and Refunds

 A. Payment Method

No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks, or money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.

B. Money-Back Guarantee

If Services are purchased and then cancelled within the Money-Back Guarantee Period, you will, upon your written request to the Planned Growth Support Team  at support@plannedgrowth.com (the “Refund Request”) within ninety (90) days of such termination or cancellation (the “Notice Period”), receive the Money-Back Guarantee Refund; provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, Section 5 and this Section 6. Each Refund Request must be made in writing to the Planned Growth Support Team within 90 days of any termination or cancellation. Refunds will only be issued for managed shared or VPS hosting services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.

C. Refund Eligibility

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled, and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of any Agreement or these Terms will waive your rights under the refund policy.

D. Non-refundable Products and Services

There are no refunds on dedicated servers, administrative fees, and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at Planned Growth’s sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.

E. Cancellation Process

You may terminate or cancel the Services by giving Planned Growth thirty days’ advance written notice via support@plannedgrowth.com. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) Planned Growth may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes, and any discount applied for prepayment, provided that you are not in breach of any Agreement or these Terms.

Once we receive your cancellation request and have confirmed all necessary information with you, we will inform you in writing (typically email) that your account has been canceled. Planned Growth will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, please contact us immediately via phone at: 1-954-617-6000

7. Suspension of Service

Planned Growth retains the right to suspend Services to Customer or its access to systems or service providers offered under any Agreement should Customer fail to timely pay invoices as agreed to herein, or abide by all policies. Suspension of Services does not release Customer from any confidentiality obligation herein or any financial obligation agreed to as part of any Agreement or financing.

8. Copyright, Content Ownership, and Trademarks 

Customer agrees that all content posted by Customer on the Service shall comply with U.S. copyright laws. Please see the below Section 12 regarding our policy to address Copyright Infringement Claims.

Customer agrees to abide by all terms and conditions as it pertains to the use of logos, systems, copyrights, patents, and intellectual property as it pertains to Planned Growth and its service providers.  Customer may not use Planned Growth services or those of its providers in any way that would violate Planned Growth policies, Planned Growth’s service providers’ policies, or laws and policies established by governmental and regulatory bodies and agencies.

Planned Growth shall own and Customer agrees to assign all rights, title, and interest (including patent rights, copyrights, trade secret rights, trademark rights, and all other intellectual and industrial property rights) relating to any and all work products resulting from Planned Growth’s performance of Services and/or any of its inventions created pursuant to the provision of such Services (whether or not patentable, the “Inventions”).  All Planned Growth work products and Inventions are the sole and exclusive property of Planned Growth, and Customer shall acquire no rights therein except as otherwise provided for in writing.  Planned Growth shall own all rights, title, and interest in all developments of and enhancements to Planned Growth Services.  Customer shall take no action that may adversely affect or impair Planned Growth’s ownership of such materials and rights.  Notwithstanding the foregoing, all copyrighted material provided by Customer remains owned by Customer.  Not including derivative works prepared by Planned Growth in connection with the provision of Planned Growth’s Services, Planned Growth shall take no ownership interest in any copyrighted material provided by Customer.

Without limiting the foregoing, Customer agrees that Planned Growth shall be deemed the author of any copyrightable material, and Planned Growth shall be deemed the author of such works under the United States Copyright Act, 17 U.S.C. § 101 et seq., owned by Planned Growth from the moment of creation of any and all portions and elements, provided that in the event and to the extent such works are determined to constitute “works made for hire”, Customer hereby irrevocably assigns and transfers to Planned Growth all right, title, and interest in such works, free and clear of all liens, charges and encumbrances.  All books, records, reports, writings, notes, notebooks, computer programs, computer code, sketches, drawings, blueprints, prototypes, formulas, photographs, negatives, models, equipment, reproductions, proposals, flow sheets, supply contracts, Customer lists, and other documents and/or things relating in any manner to the business of Planned Growth (including but not limited to any of the same embodying or relating to any Confidential Information defined in Section 15 below), whether prepared by Customer or otherwise coming into Customer’s possession, shall be the exclusive property of Planned Growth and shall not be copied, duplicated, replicated, transformed, modified, or removed from the premises of Planned Growth except pursuant to any Agreement or these Terms and shall be returned immediately to Planned Growth on termination of any Agreement or on Planned Growth’s request at any time.

Similarly, to the extent that any of the Inventions are determined by a court of competent jurisdiction not to be owned by Planned Growth, Customer assigns and transfers, to Planned Growth, all of Customer’s rights, title, and interest in the Inventions, works, or materials.  Customer agrees to execute any and all documents deemed necessary or appropriate by Planned Growth to effectuate a complete transfer of ownership of all rights in such Inventions, works, or materials, including but not limited to intellectual property rights, to Planned Growth throughout the world both during and after the period of Customer’s relationship with Planned Growth. Customer shall further assist Planned Growth both during and after the period of Customer’s relationship with Planned Growth, at Planned Growth’s expense, to further evidence, record, and perfect such transfers and assignments, and to perfect, obtain, maintain, enforce, and defend any rights assigned.  Further, Customer shall assist and cooperate with Planned Growth, both during and after the period of Customer’s relationship with Planned Growth, at Planned Growth’s sole expense, to allow Customer to obtain, maintain, and enforce patent, copyright, trademark, trade secret, and other legal protection for the Inventions.  Customer shall sign such documents, and do such things necessary, to obtain such protection and to vest Planned Growth with full and exclusive title in all Inventions against infringement by others.  Customer hereby appoints the directors and officers of Planned Growth and Planned Growth’s attorneys as Customer’s attorney-in-fact to execute documents on Customer’s behalf, file any documents, and to do all other lawfully permitted acts for this purpose.

Customer, at no expense to Planned Growth, shall secure and maintain in full force and effect during the term of any Agreement all required licenses, permits, and similar legal authorizations, and comply with all requirements thereof for materials provided by Customer.  Planned Growth shall secure and maintain in full force and effect during the term of any Agreement all required licenses, permits, and similar legal authorizations, and comply with all requirements thereof for provision of its services to Customer.  All rights and licenses granted to Planned Growth hereunder shall be free and clear of any claim of rights (including moral rights such as any rights of identification of authorship, rights of approval on modifications, or limitation on subsequent modifications) by any person or entity. Customer will defend, at its expense, any action brought against Planned Growth that is based on any infringement, or claim of infringement, of any patent, trademark, copyright, trade secret, or other intellectual property right arising from or relating to Planned Growth’s (or its representatives’, manufacturers’, resellers’, distributors’, or end-users’) use, installation, sale, licensing, marketing, or distribution of any materials, equipment, programs, or Services furnished to Customer hereunder, and Customer will reimburse Planned Growth for all attorneys’ fees and other costs reasonably incurred in connection therewith. Planned Growth shall notify Customer promptly of any claim of infringement for which Customer is responsible pursuant to Section 12 herein.

Customer agrees that Planned Growth may include language or indicia on any website or other deliverable provided to Customer indicating that the website or other deliverable is provided and/or managed by Planned Growth.  Such language or indicia may include, but is not limited to trademarks, text, and Uniform Resource Locators, i.e., Hyperlinks, that, if selected by a user, will cause the user’s web browser to open a website or other file associated with Planned Growth.

9. Acceptable Uses Policy 

Customer agrees to any and all Acceptable Use Policies (“AUP”) as defined herein or in the terms of any of Planned Growth’s service providers.

AUP policies are subject to change at any time by Planned Growth and Customer’s use of the Services is at Customer’s sole risk. Services are provided on an “AS IS” and “AS AVAILABLE” basis.

Customer agrees that Customer’s use of the Services for verbal, physical, written, or other abuse (including threats of abuse or retribution) is considered a material breach of any Agreement and these Terms and shall result in immediate account termination.

Customer agrees to comply with all CAN-SPAM laws and regulations. (See, 15 U.S.C. ch. 103 and 16 C.F.R. part 316).  Customer shall not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages using any of the Services.

Customer shall not transmit any worms or viruses or any code of a destructive nature.

Customer must be a human. Account registration or agreement by “bots” or other automated methods is not permitted.

Customer must provide legal full name, a valid email address, and any other information requested.

Customer is responsible for maintaining the security of Customer’s account and password. Planned Growth cannot and will not be liable for any loss or damage from Customer’s failure to  comply with this security obligation.

Customer shall be responsible for all content posted and activity that occurs under or by Customer’s account even when content is posted by others who use Customer’s account.

Customer may not use Services for any illegal or unauthorized purpose. Customer must not, in the use of the Services, violate any laws in Customer’s jurisdiction, including but not limited to copyright laws.

10. Warranties

PLANNED GROWTH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PLANNED GROWTH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ITS PRODUCTS OR ANY ASPECT OF THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, OR THAT THE OPERATION OF THE PRODUCT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED.  PLANNED GROWTH DOES NOT WARRANT THAT THE SERVICES, NOR THE USE THEREOF, ARE IN COMPLIANCE WITH ANY CONSUMER PRIVACY OR DATA PROTECTION POLICIES, LAWS, OR REGULATIONS.  THE ENTIRE RISK AS TO THE USE, RESULTS, AND PERFORMANCE OF THE SERVICES IS ASSUMED BY CUSTOMER.  FURTHERMORE, PLANNED GROWTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR ANY RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PLANNED GROWTH OR PLANNED GROWTH’S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.  SHOULD THE PRODUCT OR SERVICES PROVE DEFECTIVE, CUSTOMER (AND NOT PLANNED GROWTH OR PLANNED GROWTH’S AUTHORIZED REPRESENTATIVE) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  PLANNED GROWTH IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO ITS SERVICES.  THE FOREGOING DISCLAIMER APPLIES TO PLANNED GROWTH, PLANNED GROWTH’S AFFILIATES, SUBCONTRACTORS, AND ANY OTHER THIRD PARTY SUPPLIER OF PRODUCTS AND SERVICES IN CONNECTION WITH ANY AGREEMENT OR THESE TERMS.

Planned Growth’s liability for direct damages, if any, to Customer, its agents, or any third party, pursuant to a breach of any Agreement or these Terms, for any cause whatsoever including Planned Growth’s negligence, shall be limited to Planned Growth’s obligation to repair or replace the defect or to re-perform Services in compliance with the terms of any Agreement or these Terms.  NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL PLANNED GROWTH OR ITS SUBSIDIARIES AND AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL DAMAGES ARISING OUT OF ANY AGREEMENT OR THESE TERMS OR USE OF THE SERVICES BY CUSTOMER, ITS AGENTS, OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, LEGAL FEES INCLUDING ATTORNEYS’ FEES, DAMAGES FOR LOST REVENUES, GOODWILL, USE, LOST DATA, OR DISRUPTED SERVICES OR OTHER INTANGIBLE LOSSES TO CUSTOMER, ITS AGENTS, OR THIRD PARTY (EVEN IF PLANNED GROWTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

11. Indemnification

Customer agrees to defend, indemnify, and hold harmless Planned Growth, its subsidiaries, affiliates, licensors, employees, officers, directors, agents, third party information providers, service providers and independent subcontractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to Customer’s conduct, Customer’s use or inability to use the Services, or Customer’s breach or alleged breach of any Agreement, these Terms, or of any representation or warranty contained in any Agreement or these Terms, Customer’s unauthorized use of the Services, or Customer’s violation of any rights of another.

12. Notification of Claims and Legal Notices

It is the policy of Planned Growth to promptly process and investigate notices of alleged copyright infringement, and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 (“DMCA”).

Pursuant to the DMCA, Planned Growth has designated an agent to receive notification of alleged copyright infringement occurring on Web pages or computer servers. If it is believed that a copyrighted work is being infringed on a Planned Growth website or Service, please notify Planned Growth’s designated agent, preferably by email at legal@plannedgrowth.com, or by mail at:

Planned Growth
ATTN: Legal
424 SW 12th Ave
Deerfield Beach, FL 33442

Contents of Notice: The DMCA requires that all notices of alleged copyright infringement must be in writing. When informing the designated agent of an alleged copyright infringement, the complainant must:

  1. Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works at a single online site are involved, please provide a list of the works on that site.
  2. Describe the material that is claimed to be infringing and provide sufficient information to permit Planned Growth to locate that material.
  3. Provide your contact information, including an address, telephone number, and, if available, an e-mail address.
  4. Certify or include a statement that the complainant has a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner’s agent, or law.
  5. Certify that the information that you have provided Planned Growth is accurate. The complainant should attest under penalty of perjury that s/he is authorized to enforce the copyrights that have allegedly have been infringed.
  6. Include a physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner.

Before the complainants allege an infringement, s/he should consult copyright materials to confirm that the use is, in fact, infringing. The United States Copyright Office provides basic information, online, at https://www.copyright.gov/circs/circ01.pdf, which can assist one in determining whether an exception or defense, such as fair use, may apply to the use of your copyrighted work.

Notice, Takedown, and Putback Procedure: Planned Growth expects all users and Customers of Planned Growth’s Services to comply with applicable copyright laws. However, if Planned Growth is notified of a claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, Planned Growth will respond appropriately, which may include removing or disabling access to the material that is claimed to be infringing. Planned Growth will follow the procedures outlined in the DMCA with regard to appropriate notifications of the user and the complaining party, acceptance of counter notifications, and, where indicated, “putback” of the alleged infringing material. Refer to the United States Copyright Office for the provisions of the DMCA at http://www.loc.gov/copyright/legislation/dmca.pdf.

Repeat Infringers: Where it has been clearly established that a Customer is a repeat offender, Planned Growth may suspend or terminate that Customer’s account.  A determination of whether Customer is a repeat offender is within the sole discretion of Planned Growth.

13. Non-Solicitation

During the period of any Agreement and for a period of two years thereafter, Customer shall not directly or indirectly solicit, induce, or attempt to induce any employee or subcontractor of Planned Growth or party affiliated with Planned Growth to terminate his or her employment or relationship with Planned Growth. Planned Growth agrees that it shall not directly or indirectly solicit, induce, or attempt to induce any employee of Customer to terminate his or her employment with Customer. This provision shall survive the termination of any Agreement for the period stated herein. A violation by Customer of this paragraph shall be deemed a material violation of the Agreement and these Terms and will justify legal and/or equitable relief specifically including, but not limited to, injunctive relief; it being recognized by the parties that damage will be incurred by Planned Growth for which there is no adequate legal remedy by law. If such a violation occurs and Planned Growth seeks legal remedy resulting in an injunction or judgment in favor of Planned Growth, the Customer shall be responsible for reimbursing Planned Growth for all attorneys’ fees and reasonable legal expenses incurred.

14. Default, Breach, and Remedies

In the event of a breach of any term contained herein other than terms relating to Customer’s financial obligations to Planned Growth, a party may provide written notice of the breach to a breaching party. The notice shall describe with sufficient detail the nature of the default.  If and when feasible, the breaching party will be given thirty (30) days from the date notice is provided to cure the breach.

The failure to make a required payment when due shall constitute a material default under any Agreement and these Terms.  Planned Growth shall not be obligated to provide notice or a period to cure for any breach related to Customer’s failure to honor its financial obligations to Planned Growth.

In addition to any and all other rights available according to law, if Customer defaults by failing to substantially perform any provision, term, or condition of any Agreement or these Terms (including, without limitation, the failure to make a monetary payment when due), Planned Growth may elect to terminate any Agreement if the default is not cured within the allotted time period. Customer agrees that if Planned Growth terminates any Agreement due to Customer’s breach, Customer continues to be liable for all financial obligations arising from the Agreement including, but not limited to, remaining commitments, progress payments, or financing repayment. Customer agrees to pay for (a) interest on all late payments for money owed under all agreements pursuant to Section 3, (b) reasonable costs for collection, and (c) reasonable costs for attorneys’ fees and expenses of litigation that the Planned Growth may incur in collecting any unpaid amount.

15. Confidentiality

Any Agreement and any related proposals or presentation are the result of much proprietary work on behalf of Planned Growth. All information within (defined as Planned Growth’s proposal content, strategies, marketing practices and pricing) is confidential and meant for viewing only by the Planned Growth Customer or prospect for which it was created. It is not to be shared with outside parties without express written permission from Planned Growth. The Customer or prospect agrees that by viewing any Planned Growth proposal or presentation to respect the confidentiality of this information and to refrain from sharing it with outside parties.

Both Customer and Planned Growth acknowledge that during the course of any Agreement, each may obtain confidential information regarding the other party’s business (“Confidential Information”). Both Customer and Planned Growth agree to treat all such information and the terms of any Agreement as confidential and to take all reasonable precautions against disclosure of such information to unauthorized third parties during and after the term of the Agreement. Notwithstanding the confidentiality provisions herein, Customer grants Planned Growth permission to use Customer’s name in proposals or on Planned Growth’s Website for marketing purposes only.

If either party discloses Confidential Information electronically or in writing, the disclosing party agrees to clearly label the material as confidential.  If Confidential Information is disclosed orally, the disclosing party agrees to summarize the disclosed information in writing and confirm that the material remains confidential within thirty (30) days after the oral disclosure.

16. Entire Agreement

The Agreement, which incorporates these Terms, contains the entire agreement of Customer and Planned Growth regarding the subject matter of the Agreement and provision of the Services, and there are no other promises or conditions in any other agreement, whether oral or written, that have not merged into the Agreement, unless done so in writing in the form of a sales agreement (including all associated addenda, schedules or attachments) or change orders that associates itself with the Agreement.

17. Severability

If any provision of the Agreement or these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of any Agreement or these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then Customer and Planned Growth agree that such provision shall be deemed to be written, construed, and enforced as so limited.

18. Waiver of Contractual Right

The failure of Planned Growth to enforce any provision of the Agreement shall not be construed as a waiver or limitation of Planned Growth’s right to subsequently enforce and compel strict compliance with every provision of the Agreement.

19. Applicable Law

Any Agreement and these Terms shall be governed by the internal laws of the State of Florida without regard to principles of law relating to conflicts of laws.  Both parties agree to submit to the exclusive jurisdiction over all disputes hereunder and venue in an appropriate state or federal court located in Broward County, Florida.

Both parties hereby agree that any action at law or in equity arising out of or relating to any Agreement between the parties or these Terms shall be filed only in the state or federal courts located in Broward County, Florida and both parties hereby consent to the personal jurisdiction of such courts for the purposes of litigating any such action.

20. Final Payment and Acceptance of Terms

You understand that submission of any forms, payments, or request for services on this Website shall constitute your acceptance of and agreement to be bound by these Terms.  You understand and agree that if you fail to accept these Terms no sale transaction shall be deemed to have occurred or completed and Planned Growth shall be relieved of any responsibility to provide any of the Services. If you do not accept or do not wish to be bound by these Terms, you must contact Planned growth immediately and notify them of such and you shall be entitled to a refund of all payments previously made.

 

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