Last Revised: June 10, 2021
By clicking “accept” or“agree” to these Terms, (1) you acknowledge that you have read, understand, and agree to be bound by these Terms, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using theServices. You must be the age of legal majority or older in your place of residence to use the Services. If you allow a minor to use your computer and/orAccount, as defined below, to access the Services, you agree to supervise and be responsible for the minor’s actions. THESE TERMS CONTAIN, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER; PLEASE REVIEW SECTION 17.
Plannery may update or revise these Terms (including any Plannery Policies) from time to time. You agree that you will review these Terms periodically. You are free to decide whether or not to accept a modified version of these Terms, but accepting these Terms, as modified, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of these Terms. If you do not agree to the terms of these Terms or any modified version of these Terms, you must terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by Plannery, any use of the Services is subject to the version of these Terms in effect at the time of use.
2.1 Plannery is a service that enables its users to apply for a loan to consolidate their debt and pay for this loan through their payroll account. NEITHER PLANNERY NORTHE SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. PLANNERY IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR.
2.2 From time to time Plannery may engage with third parties (“Partners”) to offer you additional services. These services may be tailored to your settings, preferences, and other information we gather from or about you. Plannery offers the Services to you at no charge but may receive a referral payment for offering you, or if you choose to use, thePartner services. For more information on how we collect, use, and disclose information to Partners, please seeSection 9.
3.1. By creating an account with Plannery (a "User Account"), you are granted aright to use the Services subject to the restrictions set forth in these Terms and any other restrictions stipulated to you by us in writing. You may also have the option to link yourUser Account with a social media account, such as Facebook or Google, in which case those social media services may have additional terms that apply. During User Account registration, and from time to time, you may provide us information including your name and other personal information, and financial account information (such as login names and passwords to online bank account access), and in registering for a UserAccount and continuing to use the Services, you agree to provide true, accurate, current and complete information about yourself (such information,"User Account Data"). You further agree that, in providing such User Account Data, you will not knowingly omit or misrepresent any material facts or information. You further consent and authorize us to verify your User Account Data as required for your use of and access to the Services. We may need to ask you for further information, require you to provide your full address, your date of birth, your social security number and/or require you to take steps to confirm ownership of your email address or financial instruments, order a credit report, or verify information you provide against third party databases or through other sources. We reserve the right to suspend or terminate the User Account of any User who provides in accurate, untrue, or incomplete information, or who fails to comply with theUser Account requirements.
3.2 Once you register for the Services, you will receive a unique user identification and password in connection with your User Account (the "User Account IDs").You must use your true and accurate name when signing up for a User Account.
3.3. You agree to maintain your User Account solely for your own use. You agree that you will not allow another person to use yourUser Account IDs to access or use the Services under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of yourUser Account IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so. We are not liable for any harm caused by or related to the theft of your User Account IDs, your disclosure of your Use rAccount IDs, or your authorization to allow another person to access or use theServices using your User Account IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your User Account. You agree to immediately notify us of any unauthorized use of your User Account or any other breach of security known to you. You acknowledge that the complete security of your data and messages transmitted while using the Services cannot be guaranteed.
3.4. Plannery reserves the right, in its sole discretion, to terminate your User Account if you violate these Terms or for any reason or no reason at any time. We may also suspend your access to theServices and your User Account if you (a) have violated the Plannery Policies,(b) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct, or (d) for any other reason in Plannery's sole discretion.
3.5. You may terminate your User Account by contacting email@example.com to cancel your User Account at anytime. User Account cancellation or thirty days or more of inactivity on the Services may cause some or all of yourUser Account Data to no longer be accessible on the Services.
3.6. If your User Account is terminated or suspended for any reason or no reason, you agree: (a) to continue to be bound by theseTerms, (b) to immediately stop using the Services, (c) that any licenses granted to you under these Terms are terminated, (d) that we reserve the right(but have no obligation) to hide or delete all of your information and account data stored on our servers, and (e) that Plannery will not be liable to you or any third party for termination or suspension of access to the Services or for deletion or hiding of your information or User Account data. You agree that Plannery may retain and use your information and User Account data as needed to comply with investigations and applicable law.
3.7. We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Services, or in connection with any termination or suspension of the Services.
3.8. You may not opt out of Service-related emails which are not promotional in nature. We may also send you promotional emails to notify you about products or services that may be of interest to you. If you would like to stop receiving promotional messages from us or third parties, please click on the opt out link in any non-Services related email you receive or adjust your email preferences under your User Account settings. Even if you opt out, you will continue to receive Service-related communications from us.
Plannery reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Site and/or the App. Plannery shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse is to cease using the Services. Continued use of the Services following any such changes will indicate your acknowledgment of such changes and satisfaction with the Services.
The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “Plannery Content”) are provided to User by Plannery or its partners or licensors solely to support User’s permitted use of the Services. The Plannery Content may be modified from time to time by Plannery in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the Plannery Content by User will constitute a material breach of these Terms. Plannery and its partners or licensors retain all rights in the Services and Plannery Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Plannery or any third party is granted under these Terms.
The Services and PlanneryContent are offered solely for User’s use for the purposes described in theseTerms. Any and all other uses are prohibited. You agree that you will neither use your User Account or the Services to collect or harvest Users’ information, including User Content and User Account information, nor will you publish or misuse personal or identifying information of another User, or third party, without that party’s express written consent. Plannery expressly reserves all its rights and remedies under applicable laws (including state, federal, and provincial/territorial laws). Plannery reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services. You agree not to (and not to allow any third party to):
a. use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of theServices or Plannery Content, except as expressly authorized by Plannery;
b. take any action that imposes or may impose (in Plannery’s sole determination) an unreasonable or a disproportionately large load on the Services or Plannery’s infrastructure;
c. utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; d. rent, lease, copy, provide access to or sublicense any portion of the Services orPlannery Content to a third party;
e. use any portion of the Services or Plannery Content to provide, or incorporate any portion of the Services or Plannery Content into, any product or service provided to a third party;
f. reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Plannery);
g. modify any Services or Plannery Content or create any derivative product from any of the foregoing;
h. remove or obscure any proprietary or other notices contained in the Services orPlannery Content;
i. use the Services or Plannery Content for any illegal purpose; or
j. publicly disseminate information regarding the performance of the Services or Plannery Content or access or use the Services or Plannery Content for competitive analysis or benchmarking purposes.
Although the Sites may be accessible worldwide, not all features or services discussed, referenced, provided or offered through or on the Sites are available to all persons or in all geographic locations, or appropriate or available for use outside theUnited States. Plannery reserves the right to limit, in its sole discretion, the provision and quantity of any feature or service to any person or geographic area.
The Services may permit you to submit, transmit, post or otherwise provide content; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information (“User Content”). If you do submit User Content, and unless we indicate otherwise, you grant Plannery an on exclusive, perpetual, royalty-free, irrevocable, and fully sub licensable(through multiple tiers, including to partners and other third party websites and feeds) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such UserContent throughout the world in any media, and, where applicable, you here by waive any privacy or publicity rights or any similar rights in an individual’s name or likeness in addition to any moral or other rights you may have in the User Content you submit in favor ofPlannery. You represent that you own, or have the necessary permissions to use and authorize the use of User Content as described herein. Plannery takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party, nor do we guarantee any confidentiality with respect to User Content. User Content does not include User Account Data.
The Site may contain links toor permit you to access other websites and services, including your online bank websites or other financial institution websites and Partners, that are not under the control of Plannery (“Third PartySites”). We have no responsibility for Third Party Sites and allowingaccess from our Site to a Third Party Site does not constitute an endorsementof such. If you use the links or otherwise access the Third Party Sites, youwill leave the Site and your activities may be governed by other terms andconditions and privacy practices. Access to Third Party Sites is enabled solelyfor the convenience and information of the Site’s Users and at the Users’ ownrisk.
You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by Plannery and its other Users, partners, and licensees will not violate these Terms, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at Plannery’s request) defend Plannery, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “Plannery Parties”) from and against all claims resulting from (1)any User Content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of these Terms.
11.1. EXCEPT AS EXPRESSLY SPECIFIED HEREIN, IN NO EVENT SHALL THE PLANNERY PARTIES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THESE TERMS (INCLUDING ANY CHANGES THERETO), (2) ANY USE OF THE SITE, APPLICATIONS, SERVICES, THE PLANNERY CONTENT, USER ACCOUNT DATA, OR THE USER CONTENT, (3) ANY FAILURE OR DELAY(INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT) OF ANYOF THE SERVICES), (4) GOODS OR SERVICES FACILITATED BY THE SERVICES, OR (5) ANY INTERACTIONS WITH OR INFORMATION OBTAINED FROM THIRD PARTY SITES, INCLUDING PARTNERS.
11.2. IF THE DISCLAIMER OF DIRECT DAMAGES ABOVE ISNOT ENFORCEABLE AT LAW, YOU EXPRESSLY AGREE THAT OUR SOLE AND EXCLUSIVE DIRECT DAMAGES LIABILITY TO YOU (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORMOF THE ACTION) WILL AT ALL TIMES BE LIMITED TO TEN US DOLLARS ($10).
11.3. You and Plannery understand and agree that the disclaimers, exclusions, and limitations in this Section 11 and in Section 12 are essential elements of these Terms and that they represent a reasonable allocation of risk. In particular, you understand that Plannery would be unable to make the Services available to you except on these terms and agree that these Terms will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
12.1. YOU UNDERSTAND THAT USE OF THE SERVICES IS ATYOUR OWN RISK AND PLANNERY CANNOT GUARANTEE THAT THE SERVICES WILL BEUNINTERRUPTED OR ERROR-FREE. THESERVICES, THE SITE, THE APP, ALL PLANNERY CONTENT, USER ACCOUNT DATA, USERCONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN ORACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER ON AN “AS IS” AND “ASAVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND. PLANNERY EXPRESSLY DISCLAIMSALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS ORIMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTYARISING FROM A COURSE O DEALING, PERFORMANCE, OR TRADE USAGE. PLANNERY DOESNOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE,THAT PLANNERY WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGHTHE SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCHINFORMATION OR MATERIALS, INCLUDING USER ACCOUNT DATA, WITHOUT LOSS. PLANNERYWILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHERPROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHERSYSTEMS OUTSIDE THE REASONABLE CONTROL OF PLANNERY.
12.2. TE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUMEXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THEDURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THEMAXIMUM EXTENT PERMITTED BY LAW.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH,IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the Plannery Parties pertaining to the subject matter of this Section.
If any of the provisions, or portions thereof, of these Terms are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof)notwithstanding, these Terms will remain in full force and effect and such provision or portion thereof will be deemed omitted.
These Terms and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by Plannery.
Any waiver of any provision of these Terms, or a delay by any party in the enforcement of any right hereunder, will neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
17.1. You agree that any and allcontroversies, disputes, demands, counts, claims, or causes of action(including the interpretation and scope of this clause, and the arbitrabilityof the controversy, dispute, demand, count, claim, or cause of action) betweenyou and the Plannery Parties or their successors or assigns will exclusively besettled through binding and confidential arbitration.
17.2. Arbitration will be subjectto the Federal Arbitration Act and not any state or provincial/territorialarbitration law. The arbitration will be conducted before one commercialarbitrator with substantial experience in resolving commercial contractdisputes from the American Arbitration Association (“AAA”). As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’sCommercial Arbitration Rules and, if the arbitrator deems them applicable, theSupplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
17.3. In the case of arbitration and where permitted by law, you are thus agreeing to GIVE UP YOUR RIGHT TO GOTO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR andNOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT.Arbitrator decisions are as enforceable as any court order and are subject toVERY LIMITED REVIEW BY A COURT.
17.4. In the case of arbitrationand where permitted by law, you and Plannery must abide by the following rules:(1) ANY CLAIMS BROUGHT BY YOU OR PLANNERY MUST BE BROUGHT IN THE PARTY’SIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTEDCLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORETHAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF AREPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) inthe event that you are able to demonstrate that the costs of arbitration willbe prohibitive as compared to costs of litigation, Plannery will pay as much ofyour filing and hearing fees in connection with the arbitration as thearbitrator deems necessary to prevent the arbitration from being cost-prohibitiveas compared to the cost of litigation; (4) Plannery also reserves the right inits sole and exclusive discretion to assume responsibility for all of the costsof the arbitration; (5) the arbitrator will honor claims of privilege and privacyrecognized at law; (6) the arbitration will be confidential, and neither younor we may disclose the existence, content or results of any arbitration,except as may be required by law or for purposes of enforcement of thearbitration award; (7) the arbitrator may award any individual relief orindividual remedies that are permitted by applicable law; and (8) each sidepays its own attorneys’ fees and expenses unless there is a statutory provisionthat requires the prevailing party to be paid its fees and litigation expenses,and, in such instance, the fees and costs awarded will be determined by theapplicable law.
17.5. Notwithstanding theforegoing, either you or Plannery may bring an individual action in smallclaims court. Further, claims of defamation, violation of the Computer Fraudand Abuse Act, and infringement or misappropriation of the other party’spatent, copyright, trademark, or trade secret will not be subject to thisarbitration agreement. Such claims will be exclusively brought in the state orfederal courts located in the County of San Mateo, California. Additionally,notwithstanding this agreement to arbitrate, either party may seek emergencyequitable relief before the state or federal courts located in the County ofSan Mateo, California, in order to maintain the status quo pending arbitration,and hereby agree to submit to the exclusive personal jurisdiction of the courtslocated within the County of San Mateo, California, for such purpose. A requestfor interim measures will not be deemed a waiver of the right to arbitrate.
17.6. With the exception of Section17.4(1) and (2)(prohibiting arbitration on a class or collective basis), if anypart of this arbitration provision is deemed to be invalid, unenforceable, orillegal, or otherwise conflicts with the Rules and Procedures, then the balanceof this arbitration provision will remain in effect and will be construed inaccordance with its terms as if the invalid, unenforceable, illegal orconflicting part was not contained herein. If, however, either Section 17.4(1)or (2) is found to be invalid, unenforceable, or illegal, then the entirety ofthis arbitration provision will be null and void, and neither you nor Plannerywill be entitled to arbitration. If for any reason a claim proceeds in courtrather than in arbitration (including any claims brought by parties outside the United States or Canada), the dispute will be exclusively brought in state orfederal court located in the County of San Mateo, California.
These Terms are made underand will be governed by and construed in accordance with the laws of the State of California, U.S.A., consistent with the Federal Arbitration Act (to the extent permitted by applicable law), without giving effect to any principles that provide for the application of the law of another jurisdiction. You may also be entitled to certain consumerprotection rights under the laws of your local jurisdiction and/or country of residency.
Questions? Contact Plannery for support and questions about these Terms and the Services at: firstname.lastname@example.org