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Terms
and Conditions
This is an agreement ("Agreement")
between Plan Juice LLC ("we", "us", "Plan
Juice LLC"
or "PlanYourIdea" or "Plan Your Idea" or the “Company”)
and you, an end user ("you" or "user") of Plan Your
Idea's Business Consulting Services (the "Service") as
described herein. By establishing, activating, using, or
paying for the Service, you acknowledge that you have
read and understood these terms, you agree to the terms
and conditions in this Agreement, and you represent that
you are of legal age to enter this Agreement and become
bound by its terms and to the prices, charges, and
conditions provided to you in association with your
enrollment, including marketing materials and the Plan
Your Idea website, which are incorporated herein by
reference. This Agreement governs the Service - such as
a Business Consulting, Business Plan Writing, Marketing
Plan Writing, Advertising Plan Writing, Investor Search
Services, Corporation Filing, Trademark Filing, Website
Design or Online Marketing - website, or software used
in conjunction with the Service.
1.
You agree to the terms and
conditions outlined in this Terms and Conditions
("Agreement") with respect to our site (the "Site").
This Agreement constitutes the entire and only agreement
between us and you, and supersedes all prior or
contemporaneous agreements, representations, warranties
and understands with respect to the Site, the content,
products or services provided by or through the Site,
and the subject matter of this Agreement. Any changes
made to this agreement will be posted on our website,
customer control panel or emailed to you within 72 hours
of any changes.
2.
The content, organization,
graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site
are protected under applicable copyrights, trademarks
and other proprietary (including but not limited to
intellectual property) rights. The copying,
redistribution, use or publication by you of any such
matters or any part of the site, except as allowed by
Plan Juice LLC, is strictly prohibited.
3.
Our Site may contain links to other Web
sites. We are not responsible for the content, accuracy
or opinions expressed in such Web sites, and such Web
sites are not investigated, monitored or checked for
accuracy or completeness by us. Inclusion of any linked
Web site on our Site does not imply approval or
endorsement of the linked Web site by us. If you decide
to leave our Site and access a third-party site, you do
so at your own risk.
4.
Certain sections of, or offerings from,
the Site may require you to register. If registration is
requested, you agree to provide us with accurate,
complete registration information. Your registration
must be done using your real name and accurate
information. We do not permit (a) any other person using
the registered sections under your name; or (b) access
through a single name being made available to multiple
users on our network. You are responsible for preventing
such unauthorized use.
5.
The estimated turn around time for a
Value business plan is 10 business days or less. For the
Executive business plan it is 10 to 15 business days.
For the Premier business plan, it is also 10 to 15
business days. The turn around time for the additional
Marketing or Advertising plan is 10 to 15 business days.
The turn around time for plans that are more complex in
nature is 15 to 30 business days. The turn around
estimation is based on the date that we receive all
applicable information to complete your plan. This means
that the questionnaire needs to be completed by either
you, as is the case with the Value business plan, or by
you and the Plan Writer or Consultant in the case of the
Executive and Premier Business Plans. If you purchase a
combination package (ex. business & marketing plans) the
turn around estimation applies to each plan. You
understand that this turn around estimation is a best
approximation of when the work will be completed and is
not guaranteed in any way.
6.
We do not guarantee a turn around
time on plan revisions. Plan revisions will be processed
in the order in which they are received and will be
processed/completed with respect to your plan writer’s
or consultant’s current work load.
7.
For the Value business plan, it
will be your responsibility to complete the
questionnaire which we provide in order to receive all
applicable information to complete your Plan. We require
that you complete this questionnaire within a reasonable
time after you receive such document. This will enable
us to begin writing your Plan. If you have any questions
regarding the questionnaire, we will do our best either
to answer your questions or to direct you to the
possible source of the answers to your questions.
Essentially, the Value business plan includes the
following services from PlanYourIdea: Approximately 4
hours of total work including interview, follow up, and
revision, limited writing and re-writing, spell and
grammar check, generation of tables and 3D color charts,
and all formatting. At the end of six months from the
date of your order, if we have not received your
completed questionnaire or heard from you or had contact
with you, we will deem that we have provided you
sufficient time to complete your questionnaire and Plan
and that our performance is complete. Henceforth, we
shall no longer assume the responsibility of completing
your Plan and we will issue no refunds.
8.
For the Executive Business plan,
you will have the responsibility to make a best effort
to complete the questionnaire. PlanYourIdea will then
make a reasonable effort to complete the questionnaire
using its standard in-house and internet resources. You
will also make yourself reasonably available so that you
and the Plan Writer or Consultant may complete the
questionnaire. Essentially, the Executive business plan
includes the following services from PlanYourIdea:
Approximately 8 to 10 hours of total work including
extended interviews, follow ups, and revisions, more
extensive writing and re-writing, limited market
research and financial analysis, spell and grammar
check, generation of tables and 3D color charts, and all
formatting. At the end of six months from the date of
your order, if we have not received your completed
questionnaire or heard from you or had contact with you,
we will deem that we have provided you sufficient time
to complete your questionnaire and Plan and that our
performance is complete. Henceforth, we shall no longer
assume the responsibility of completing your Plan and we
will issue no refunds.
9.
For the Premier Business plan,
both parties will have the responsibility to make a best
effort to complete the questionnaire. PlanYourIdea will
be using its standard in-house and internet resources,
as well as outside resources which are reasonably
available at little or no cost. You will also make
yourself reasonably available so that you and the Plan
Writer or Consultant may complete the questionnaire.
Essentially, the Premier business plan includes the
following services from PlanYourIdea: Approximately 12
to 16 hours of total work including in depth interviews,
follow ups, and revisions, more in depth writing and
re-writing, in depth market research and financial
analysis, spell and grammar check, generation of tables
and 3D color charts, and custom formatting (if
necessary). At the end of six months from the date of
your order, if we have not received your completed
questionnaire or heard from you or had contact with you,
we will deem that we have provided you sufficient time
to complete your questionnaire and Plan and that our
performance is complete. Henceforth, we shall no longer
assume the responsibility of completing your Plan and we
will issue no refunds.
10.
Custom Graphics means customer provided
graphics such as logos, photos or products or services,
or diagrams. Executive Plan customers may provide a
total of 3 custom graphics, in an acceptable format, for
inclusion into their business plan. Premier Plan
customers may provide a total of 6 customer graphics,
in an acceptable format, for inclusion into their
business plan.
11.
The length of the plans is only given in
terms of approximate number of pages. This is because
there are too many variables responsible for determining
a length of a plan, and the focus will be more on the
quality of the plan rather the quantity.
12.
The terms Bank and Investor Ready, and
Grant Ready simply refer to the standard format of our
business plan, which follows the general guidelines set
forth by the U.S. Small Business Administration. There
may be other specific formats required by Banks,
Investors, Grant-making entities or other entities. It
is the responsibility of the customer to request those
other formats and PlanYourIdea may or may not quote an
additional charge for those other formats, or decline
to provide its plan in the other format.
13. For
additional Marketing and Advertising Plans, at the end
of six months from the date of your order, if we have
not received your completed questionnaire or heard from
you or had contact with you, we will deem that we have
provided sufficient time to complete your Marketing
and/or Advertising Plan(s) and that our performance is
complete. Henceforth, we shall no longer assume the
responsibility of completing your Plan and we will issue
no refunds.
14. The
moment your order is placed, our staff will immediately
start setting up your account, both in our database and
online, and our Team Manager will match you to the best
Plan Writer or Consultant available. The staff will
start researching your project and working on your
account. For this reason, and because the turnaround
times are relatively short, all orders are non
refundable and we do not have a cancellation policy. Any
chargeback or payment dispute in association with
services that have been purchased through Plan Juice LLC, will be sent to collections that may negatively
affect your credit. Once Plan Juice LLC is notified of
a chargeback, we will notify you via email and postal
mail, this notification will provide you with 30 days to
resolve this matter, if payment is not received in full
within 30 days, Plan Juice LLC reserves the right to
send your account to a collections agency of our choice.
A chargeback fee of $99 will be applied to your account
upon notification of a chargeback.
15. Plan
Juice, LLC has a 100% Satisfaction Guarantee to
fulfill its commitment to its clients. We promise to
deliver a business plan that has been formatted
professionally, and that has all the sections included
that we have information for. Furthermore, we promise to
include tables, and color charts and graphics. All
customers will receive the direct toll free number and
email address of their dedicated Plan Writer or
Consultant. The completed plan will be made available in
both Word and PDF formats. Clients will have online,
password-protected, lifetime access to their plans. All
plans will be customer written. We will also spend the
amount of time we promise on the client's plan. All
plans will be checked for correct grammar and spelling.
WE CANNOT GUARANTEE THE CONTENTS OF THE PLAN. This is
because to a large extent, the various contents of the
plan are based on input from the client themselves.
Our 100% Satisfaction Guarantee for our Value, Executive
and Premier Plan customers means that if necessary, we
will continue to work on their business plan beyond
their Free Revision Period. For Value Plan clients we
will work on their plan for up to 30 days after the
initial copy of their plan has been delivered. For
Executive Plan clients we will work on their plan for up
to 60 days after the initial copy of their plan has been
delivered. For Premier plan clients we will work on
their plan for up to 90 days after the initial copy of
their plan has been delivered. These revision periods
basically double the standard revision periods of the
various plans. These additional revisions will be made
as time allows. Your Plan Writer or Consultant will
schedule approximate delivery times for these additional
revisions. Plan Your Idea will not re-write your entire
plan, however plan revisions consisting of spelling
errors grammatical errors, errors in financial figures
and simple wordings of your plan will be made. Your are
responsible for providing Plan Your idea with enough
information to revise your plan to your satisfaction.
16. We
do not represent or warrant that the Site will be
error-free, free of viruses or other harmful components,
or that defects will be corrected. We do not represent
or warrant that the information available on or through
the Site will be correct, accurate, timely or otherwise
reliable. We may make changes to the features,
functionality, services, products or content of the Site
at any time. We reserve the right at our sole discretion
to edit or delete any documents, information or other
content appearing on the Site.
17. Information
contained on or made available through the Site or a
Plan Your Idea employee or subcontractor is not intended
to and does not constitute legal advice,
recommendations, mediation or counseling under any
circumstance and no attorney-client relationship is
formed. We do not warrant or guarantee the accurateness,
completeness, adequacy or currency of the information
contained in or linked to the Site. Your use of
information on the Site or from a Plan Your Idea
employee or subcontractor or materials linked to the
Site is entirely at your own risk. We are not a law firm
and the Site is not a lawyer referral service.
18. Plan
Your Idea will treat every client with the highest level
of respect and professionalism. You agree that all
client communication is documented and we reserve the
right to assign a client to a different employee or
subcontractor or terminate an agreement at any time due
to uncooperative or abusive clients. In the event of
this occurrence, we reserve the right to terminate our
agreement and return 0% of the order total for
incomplete work.
19. The
Catalyst Program provides an information exchange
platform to allow investors who are committed to funding
high-risk opportunities to independently connect with
entrepreneurs of early stage or existing companies. No
action or service provided by Plan Juice LLC
constitutes or implies the endorsement, recommendation,
or appropriateness of a particular investment
opportunity for any investor or entrepreneur. Any
information provided by Plan Juice LLC to investors or
entrepreneurs are to be used for informational purposes
only and in no way constitute or imply the endorsement,
recommendation, or appropriateness of a particular
investment opportunity. Plan Juice LLC makes no
independent investigation to verify the integrity of the
information submitted to potential investors or
entrepreneurs and makes no representations or warranties
with respect to the truthfulness of the information
provided by applicant investors or entrepreneurs. As a
result, potential investors and entrepreneurs must
conduct their own investigation of the merits and risks
of each investment opportunity, and independently
negotiate the terms of their investment and/or
agreement. All users of the Catalyst program are
strongly encouraged to seek legal and other professional
counsel prior to the making of any decisions. Users of
this service may not use the information provided on the
site to gather email addresses or other contact
information of investors and entrepreneurs and their
companies for sale purposes. We reserve the right to
deny service of any user that violates these terms, or
for any other reason, without prior notice or warning.
Membership of the Catalyst program does not constitute
an offer by Plan Juice LLC to sell or the solicitation
by Plan Juice LLC of an offer to buy or sell any
investment interest in the business ventures of
applicant investors or entrepreneurs. The actual sale or
purchase of an investment interest shall be a private
and independent transaction between the entrepreneur and
the investor members without any participation by or
remuneration to Plan Juice LLC In no event will
Plan Juice LLC be liable for any loss of earnings or
any other commercial damages, including without
limitation direct or indirect, special, incidental, or
consequential or other indirect damages, losses or
expenses arising out of or in correlation with an
independent transaction, agreement, or interaction
between site members. There maybe errors in the
information provided by this service and we strongly
suggest that you seek legal counsel prior to
commencement of any potential transaction. All materials
provided by this service are strictly for information
purposes. Plan Juice LLC does not function as a
broker-dealer or investment advisor and is not
registered as such with any federal or state securities
regulator. Plan Juice LLC does not sell or offer to
sell any securities and no information contained through
this service is intended to constitute or to be
interpreted as any such offer. Any investor or
entrepreneur using this service requesting to contact
any other investor or entrepreneur using our service,
does so at their own risk and is solely responsible for
conducting any legal, accounting, or due diligence
review. In no event will Plan Juice LLC be liable for
any loss of earnings or any other commercial damages,
including without limitation direct or indirect,
special, incidental, consequential, or other indirect
damages, losses or costs arising out of or in
correlation with the use of this service or including
without limitation, interactions with other users,
claims arising from malfunction or defects in the site
or related service or inability to access or use the
site by any party, or in connection with any failure of
performance, error, omission, interruption, defect,
delay in operation or transmission, computer virus or
telecommunications or system malfunction.
20. Plan
Juice LLC provides an incorporation and trademark registration
service designed to allow you to form your own
corporation or file a trademark. Plan Your Idea uses the
information provided on our order forms to complete the
information on the required state forms or by the United
State Patent Office. Plan Your Idea is not a law firm
and neither Plan Your Idea nor any of its employees
provide legal services or legal advice. Further, no
representations or warranties, express or implied, are
given regarding the legal or other consequences
resulting from the use of our services or forms.
21.
The Online Marketing service provided by
Plan Juice LLC will strive to set up pay-per-click
campaigns and deliver Google and/or Yahoo paid search
traffic to the customer's website. If paid search
traffic cannot be delivered to the website in question
due to the editorial policies of the search engines
regarding the acceptance of advertiser web properties,
Plan Juice LLC is not to be held liable. Ongoing
account management fees are billed monthly based on the
advertised rates on our website. Any service or account
management fees related to our Online Marketing service
are non-refundable. Please note that Google & Yahoo do
not accept websites into their paid search campaigns
that fail to comply with the following guidelines: The
URL must not have a redirect, the destination URL must
be active and not under construction, the destination
URL cannot link to an email address or a file, pop-ups
are not allowed on the landing page, links to your
website must allow users to enter and exit the landing
page easily and to return to the search results page or
ad network by clicking once on the browser's "Back"
button, the landing page should use a secure server
(https://) when collecting personal information from
users and the site must not sell, advertise or promote
any illegal products or services.
22. You
agree to indemnify, defend and hold us and our partners,
agents, directors, employees, subcontractors,
successors, assigns, third party suppliers of
information and documents, advertisers, product or
service providers, and affiliates (collectively,
"Affiliated Parties") harmless from any liability, loss,
claim and expense related to your violation of this
Agreement or use of the Site.
23. Your
right to use the Site is not transferable or assignable.
Any password or right given to you to obtain information
or documents is not transferable or assignable.
24. The
information, content and documents from or through the
site, from the Company or its employees or
subcontractors are provided "as is", "as available",
with "all faults", and all warranties, express or
implied, are disclaimed (including but not limited to
the disclaimer of any implied warranties of
merchantability and fitness for a particular purpose).
The information and services may contain bugs, errors,
problems or other limitations. We and our affiliated
parties have no liability whatsoever for your use of any
information or service, except as stated in the
agreement. In particular, but not as a limitation
thereof, we and our affiliated parties are not liable
for any indirect, special, incidental or consequential
damages (including damages for loss of business, loss of
profits, litigation, or the like), whether based on
breach of contract, breach of warranty, tort (including
negligence), product liability or otherwise, even if
advised of the possibility of such damages. The negation
and limitation of damages set forth above are
fundamental elements of the basis of the bargain between
us and you. This site and the products, services,
documents and information presented would not be
provided without such limitations. No advice or
information, whether oral or written, obtained by you
from us through the site or otherwise shall create
warranty, representation or guarantee or expressly
stated in this agreement. All responsibility or
liability for any damages caused by viruses contained
within the electronic file containing a form or document
is disclaimed.
25. We
and any Affiliated Party shall not be liable for any
loss, injury, claim, liability, or damage of any kind
resulting in any way from; Any errors in or omissions
from the Site or any services or products obtainable
therefore. The unavailability or interruption of the
Site or any features thereof. Your use of the Site. The
content contained on the Site. Any delay or failure in
performance beyond the control of a Covered Party. The
aggregate liability of us and the affiliated parties in
connection with any claim arising out of or relating to
the site and/or the products, information, documents and
services provided herein or hereby shall not exceed the
amount paid for our services and that amount shall be in
lieu of all other remedies which you may have against us
and any affiliated party.
26. We
take your privacy and the use of the information that
you provide us very seriously, we use only the highest
level of security when handling confidential customer
information. Our Privacy Policy is a part of this
Agreement and can be reviewed by clicking on the
"Privacy Policy" links throughout our website.
27. You
agree to comply with all applicable domestic and
international laws, statutes, ordinances and regulations
regarding your use of the Site and the Content and
Materials provided therein.
28. This
Agreement shall be treated as though it were executed
and performed in Los Angeles, California and shall be
governed by and construed in accordance with the laws of
the State of California (without regard to conflict of
law principles). Any cause of action by you with respect
to the Site (and/or any information, Documents, products
or services related thereto) must be instituted within
(1) year after the cause of action arose or be forever
waived and barred. All actions shall be subject to the
limitations set forth in this Agreement. The language in
the Agreement shall be interpreted as to its fair
meaning and not strictly for or against any party. Any
rule of construction to the effect that ambiguities are
to be resolved against the drafting party shall not
apply to interpreting this Agreement. This Agreement and
all incorporated agreements and your information may be
automatically assigned by us at our sole discretion to a
third party in the event of an acquisition, sale or
merger. If any provision of this agreement is held
illegal, invalid or unenforceable for any reason, that
provision shall be enforced to the maximum extend
permissible, and the other provisions of this Agreement
shall remain in full force and effect. If any provision
of this Agreement is held illegal, invalid or
unenforceable, it shall be replaced, to the extent
possible, with a legal, valid, and unenforceable
provision that is similar in tenor to the illegal,
invalid, or unenforceable provision as is legally
possible. To the extent that anything in or associated
with the Site is in conflict or inconsistent with this
Agreement, this Agreement shall take precedence. Our
failure to enforce any provision of this Agreement shall
not be deemed a waiver of such provision nor of the
right to enforce such provision. Our rights under this
Agreement shall survive any termination of this
Agreement. The title, headings and captions of this
Agreement are provided for convenience only and shall
have no effect on the construction of the terms of this
agreement.
29. Any
legal controversy or legal claim arising out of or
relating to this Agreement or our services, excluding
legal action taken by us relating to Site operations
and/or intellectual property, shall be settled solely by
confidential binding arbitration in accordance with the
commercial arbitration rules applicable at the time the
arbitration commences. 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 Los Angeles, California. Each party shall
bear its own attorneys' fees. Each party shall bear
one-half of the arbitration fees and costs incurred.
This Agreement was last updated on August
13th 2009 |