TERMS OF SERVICE
PRIVACY POLICY
1. TERMS OF SERVICE
PAYPLANNER, INC. provides its PAYPLANNER service (PAYPLANNER) to you, subject to the following Terms of Service (TOS), which may be updated by us from time to time without notice to you.
2. DESCRIPTION OF PAYPLANNER
PAYPLANNER provides registration, enrollment, communication, membership, and payment services for a variety of organizations including but not limited to schools, non-profit organizations, and business (ORGANIZATION(S)) to collect fees online. PAYPLANNER is an online payment service. Payment authorizations are provided by one or more payment gateways including but not limited to Authorize.net, Merchant Partners, and BluePay. Merchant accounts provided by Applied Merchant Systems. Applied Merchant Systems is a registered ISO and MSP of HSBC Bank USA, National Association, Buffalo NY and Wells Fargo Bank, N.A. Walnut Creek, CA. American Express® requires separate approval.
3. PAYMENT PROCESSING INFORMATION
All payments will be made by you directly through the payment gateway and merchant account obtained and managed by the ORGANIZATIONS - not to or through PAYPLANNER. Transactions will appear on your credit card statement in the name of the ORGANIZATION. PAYPLANNER will be responsible in any way for the actions or performance (or lack thereof) of the ORGANIZATION. The terms of this TOS shall not in any way supersede the terms of any other service provider, nor shall the terms of service of any other service provider supersede the terms of this TOS with respect to the SERVICE.
4. SERVICE UNDERSTANDINGS
Unless explicitly stated otherwise, any new features that augment or enhance the Service, shall be subject to the TOS. You understand and agree that the Service is provided AS-IS and that PAYPLANNER assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
5. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service registration form (such information being the Registration Data) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or PAYPLANNER has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PAYPLANNER has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). PAYPLANNER is concerned about the safety and privacy of all its users, particularly children. For this reason, you must be at least 18 years of age to register for an account. If you are under the age of 18, you hereby represent that you are using the Service with the consent of your parent or guardian (Guardian), and that said Guardian is at least 18 years old, is the legal Guardian of the person listed on the PAYPLANNER account, and that said Guardian has expressly given permission to access the Service.
6. MEMBER ACCOUNT, PASSWORD AND SECURITY
You may be required to create a password and account during the Service registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify PAYPLANNER of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. PAYPLANNER cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
7. SERVICE CONTENT
In using the PAYPLANNER Services, you understand that you are liable for all information, in whatever form, (Information) you submit as part of using the service.
You acknowledge that PAYPLANNER does not pre-screen any Content working in coordination with the Service, but that PAYPLANNER and its designees shall have the right (but not the obligation) in their sole discretion to rescind use of the Service. You acknowledge and agree that PAYPLANNER may preserve Information and may also disclose Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of PAYPLANNER, its users and/or the public. You understand that the technical processing and transmission of the Service, including your Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8. INDEMNITY
You agree to indemnify and hold PAYPLANNER, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Information you submit, post, transmit or make available through the Services, your use of the Services, your connection to the Services, your violation of the TOS, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service, other than as provided within the scope of the Service.
10. MODIFICATIONS TO SERVICE
PAYPLANNER reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. PAYPLANNER will not be responsible to you for refund, in whole or part, of service fees for any reason. You agree that PAYPLANNER shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
11. TERMINATION
You agree that PAYPLANNER, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Information within the Service, for any reason, including, without limitation, for lack of use, failure to timely pay any fees or other moneys due PAYPLANNER, or if PAYPLANNER believes that you have violated or acted inconsistently with the letter or spirit of the TOS. PAYPLANNER may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that PAYPLANNER may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that PAYPLANNER shall not be liable to you or any third-party for any termination of your access to the Service.
12. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because PAYPLANNER has no control over such sites and resources, you acknowledge and agree that PAYPLANNER is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that PAYPLANNER shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
13. PAYPLANNER'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (Software) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by PAYPLANNER, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. PAYPLANNER grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Services by any means other than through the interface that is provided by PAYPLANNER for use in accessing the Service.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. PAYPLANNER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. PAYPLANNER MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PAYPLANNER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PAYPLANNER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PAYPLANNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THE TOS SECTIONS MAY NOT APPLY TO YOU.
17. TRADEMARK INFORMATION
PAYPLANNER, trademarks and service marks, and other PAYPLANNER logos and product and service names are owned by and /or trademarks of PAYPLANNER (the PAYPLANNER Marks). Without PAYPLANNER's prior permission, you agree not to display or use in any manner, the PAYPLANNER Marks.
18. GENERAL INFORMATION
A. Entire Agreement. The TOS constitutes the entire agreement between you and PAYPLANNER and governs your use of the Service, superseding any prior agreements between you and PAYPLANNER. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party Information or third-party software.
B. Choice of Law. The TOS and the provision of Service to you are governed by the laws of the state of California, U.S.A as such laws are applied to agreements entered into and to be performed entirely within California by California residents.
C. Arbitration. Any controversy or claim arising out of or relating to the TOS or the provision of Service shall be finally settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Diego, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, you and PAYPLANNER agree to submit to the personal jurisdiction of the courts located within the city and county of San Diego, California. Either you or PAYPLANNER may seek any interim or preliminary relief from a court of competent jurisdiction in San Diego, California necessary to protect the rights or property of you or PAYPLANNER (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
D. Invalid Provisions. The failure of PAYPLANNER to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
E. Time to File Claim. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
F. Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
PayPlanner is committed to protecting the privacy of all individuals and entities that use our service. All of the information provided to us is kept strictly private, including names, addresses and credit card information.
PayPlanner services two types of users: Organizations - entities such as schools, non-profit groups, and sports programs that use the PayPlanner service to facilitate registration and payments. Members - individuals or guardians enrolling with the services provided an Organization and making payments to that Organization.
All Member information that is collected and maintained through the PayPlanner service is solely owned by the Organization, and we have no rights to sell or use the information provided. The Organization is independently responsible for what information is collected and required on the registration forms. PayPlanner provides and maintains the software and database hosting for the information collected from the Member and will not sell, use or rent the information collected to any third party. In the course of enabling a registration and facilitating payment transactions, we receive information about the payment that the Member has furnished in placing the order. This information may be provided to us by third party such as a school or other Organization. If you do not want your information shared with us by third parties, please opt out of our system by sending an email to accountmanagement@payplanner.net and inform the school or entity that provided the information that you have requested deletion from our service.
The personally identifiable information we acquire in processing registrations and facilitating payments varies according to the nature of the registration and transaction and the way in which you are using our services. It may include, but is not limited to, the item purchased, the type of donation, the amount of the transaction, the consumer's name, billing address, and shipping address, and other information as may be requested by the Organization. PayPlanner does not store credit card numbers in its shopping cart software.
PayPlanner uses the information collected to fulfill your requests for certain products and services, to facilitate payment transactions, to facilitate billing, and otherwise deliver the registration and data management services. We may send our Organizational clients information regarding service announcements, newsletters, and periodic notices about new products or services. Members' personally identifiable consumer information is used to facilitate payment transactions, assist with customer service, complete registrations, and for no other purposes.
PayPlanner does not offer services or sell products to children. Accounts for children under the age of 18 must be completed by a parent or legal guardian.
Protecting personally identifiable information Organizations and Members is an important part of our business. We share and disclose such information only as described below.
Members completing registrations and payments through the PayPlanner service consent to share all personally-identifiable information that they submit to the Organizational client requesting the information. PayPlanner will send personally identifiable information about you to other third party companies or people only when we have consent to share the information.
Personally identifiable consumer information is shared with third parties (such as banks and credit card processors) to the extent necessary for PayPlanner to facilitate payment processing services.
PayPlanner reserves the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site
Log Files
PayPlanner gathers certain information through its web servers and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and other information that may be collected by the host software. This information does not identify individual users. However, we use it, to analyze trends, to administer the site, to track users' navigation within the site and to gather general demographic information. We do not link this automatically-collected data to personally identifiable information.
Information security is critical to our business. We work to protect the security information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. We store information gathered on secure computers located in a locked data center. The number of employees involved in the management of the data center that have physical access to these computers is limited. We use firewalls and other security technology to prevent our computers from being accessed by unauthorized persons.
We also require that any personally identifiable consumer card holder information sent to us by you be encrypted using SSL encryption. It is important for you to protect against unauthorized access to your Login ID/password and to your computer. Be sure to sign off when finished using a shared computer and otherwise protect the password used to access the PayPlanner services.
PayPlanner gives all Members and Organizations the ability to edit profile informaiton stored in their PayPlanner account at any time by logging into your account at https://www.payplanner.net/login.php.
PayPlanner reserves the right to modify or amend this Privacy Policy at any time and for any reason. If there are material changes to this statement or in how PayPlanner will use personally identifiable information, PayPlanner will post notice on the PayPlanner webisite and this Privacy Policy www.PayPlanner.net prior to implementing the change.