Welcome to IDMyPlan. We offer an online Software as a Service (SaaS) delivery model to provide tools for generating and storing personal and career inventories.
These Terms of Service provide that all disputes between you and IDMyPlan will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement below for the details regarding your agreement to arbitrate any disputes with IDMyPlan.
By using, visiting, or browsing the Products and Services as a user or paid or unpaid member, you accept and agree to be bound by these Terms of Service, available at www.IDMyPlan.com/terms.html. If you do not agree to these Terms of Service, you should not use the Products and Services. Violation of any terms will result in termination of your account. Questions about the Terms of Service may be sent to support@IDMyPlan.com.
Any failure of IDMyPlan to enforce or exercise a right provided in these terms is not a waiver of that right.
If any provision of this Agreement is declared void or unenforceable by any judicial authority, this shall not nullify the remaining provisions of the Agreement, which shall remain in full force and effect.
You are responsible for using the Products and Services in a private and secure manner. IDMyPlan is not liable for any damage or loss due to unauthorized account access resulting from your actions, such as not logging out of the Products and Services or sharing your account password.
IDMyPlan can refuse registration or cancel an account at its sole discretion at any time.
You may not use the Products and Services for any illegal activity or to violate laws in your jurisdiction.
You may not use the Products and Services to distribute unsolicited email (“spam”) or malicious content such as viruses or worms.
You may not exploit the Products and Services to access unauthorized information.
IDMyPlan reserves the right to modify, suspend, or discontinue the Products and Services for any reason, with or without notice.
Abuse or excessively frequent requests to the IDMyPlan website or other Products and Services may result in the temporary or permanent suspension of your account’s access to the Products and Services. IDMyPlan, at its sole discretion, will determine abuse or excessive usage. IDMyPlan will make a reasonable attempt via email to warn the account owner prior to suspension.
IDMyPlan owns intellectual property rights to any protectable part of the Products and Services, including but not limited to the design, artwork, functionality, and documentation. You may not copy, modify, or reverse engineer any part of the Products and Services owned by IDMyPlan. For more details, see below the Intellectual Property section of these Terms of Service.
Any text, graphics, photographs, or other information communicated to IDMyPlan (collectively, “Content”) belongs to the person who posted such content. You may use any Content posted by you in any other way without restriction. You may only use Content posted by others in the ways described in these Terms of Service.
By accessing the Products
and Services, including our website and other user interfaces, you
agree to use the Products and Services, including all features
and functionalities associated therewith, our website, other user
interfaces and all content and software associated therewith
in accordance with all applicable laws, rules and regulations,
or other restrictions on use of the Products
and Services or Content therein. In addition, you agree not
to upload, post,
By using the Products and Services, you are consenting to receive certain communications from us. For example, IDMyPlan may send you newsletters about new IDMyPlan features, special offers, promotional announcements and customer surveys via email or other methods.
for further details on our marketing communications. You can also
find the unsubscribe instructions there. By using the Products
and Services, you consent to receiving electronic communications from
IDMyPlan. These communications may include notices about your account (for
example, change in password or Payment Method, confirmation
BY SHARING THE IDMYPLAN.COM ACCOUNT PASSWORD, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT THE PERSONS WITH WHOM IT SHARES THE PASSWORD COMPLY WITH THE TERMS OF SERVICE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF SUCH PERSONS.
Any abuse or threatened abuse of other users of the Products and Services or of IDMyPlan personnel will result in immediate account termination.
To access any of our
Products and Services, you must have access to the Internet
and must create an account, either on a free or
A valid credit card is required to use paid subscription for Products and Services.
When you subscribe to paid Products and Services, your credit card will be billed according to current IDMyPlan rates for the selected subscription plan and charged subsequently in monthly or annual intervals to prepay usage of Product and Services for the next period.
You may terminate your account at any time by sending a request to firstname.lastname@example.org.
We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate the Products and Services. Any description of how the Products and Services work should not be considered a representation or obligation with respect to how the Products and Services always will work. We are making constant adjustments to the Products and Services and often these Terms of Service do not capture these adjustments completely.
You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your IDMyPlan account. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Where possible, users of public or shared networks should log out at the completion of each visit. If you find that you are a victim of identity theft and it involves an IDMyPlan account, you should notify us at info@IDMyPlan.com. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the IDMyPlan website and not through a hyperlink in an email or any other electronic communication, even if it looks official. IDMyPlan reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. IDMyPlan is not obligated to credit or discount a membership for holds placed on the account by either a representative of IDMyPlan or by the automated processes of IDMyPlan.
UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, IDMYPLAN MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. IDMYPLAN DOES NOT WARRANT THE RESULTS OF USE OF ANY OF THE PRODUCTS AND SERVICES, AND ACCOUNT HOLDER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO.
Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THIS AGREEMENT, EVEN IF SUCH PARTY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, IN NO EVENT WILL EITHER PARTY’S OR ITS AFFILIATES’ TOTAL LIABILITY TO THE OTHER PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY ACCOUNT HOLDER TO IDMYPLAN.COM HEREUNDER.
You shall indemnify IDMyPlan
for damages, costs and attorneys fees that IDMyPlan
incurs from any third party claim that (i) arise
from your modification of the Products and Services or (ii)
the use by IDMyPlan of any materials provided to IDMyPlan
by you for use in the Products and Services infringe
any U.S. patent, copyright, trademark, trade secret or other
intellectual property right under U.S. law. You shall assume the defense
of any third party claim with counsel reasonably satisfactory
to IDMyPlan. IDMyPlan may employ its own counsel in any such
case, and shall pay such counsel’s fees and expenses. You shall have
the right to settle any claim for which indemnification
is available; provided, however, that to the extent that such
settlement requires IDMyPlan being indemnified to take or refrain
from taking any action or purports to obligate IDMyPlan being
indemnified, then you shall not settle such claim without the prior
written consent of IDMyPlan, which consent shall not be unreasonably
withheld, conditioned or delayed. THE PARTIES DISCLAIM THE IMPLIED
Additional disclaimers or limitations of liability may be contained in the various third party software, licensing and service agreements you may have agreed to in order to access the Products and Services.
Products and Services, including all content included on our user
interfaces, or delivered to members as part
of the Products and Services, including, but not limited to,
source code, data compilations, and software, are the property
of IDMyPlan or its licensors and are protected by United
States and international copyright, trade secret or other
intellectual property laws and treaties. While the Products
and Services include
Trademarks. The Products and Services, including but not limited to their graphics, logos, page headers, button icons, scripts and service names constitute trade dress of IDMyPlan. The trademarks, service marks and trade dress of IDMyPlan may not be used or reproduced without prior written approval from IDMyPlan and may not be used in connection with any product or service that is not affiliated with IDMyPlan, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of IDMyPlan, or in any manner that disparages or discredits IDMyPlan. Other trademarks that appear on the IDMyPlan website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by IDMyPlan. Any images of persons or personalities contained on the IDMyPlan website and user interfaces are not an indication or endorsement of IDMyPlan or any particular product or our service unless otherwise indicated.
IDMyPlan is free to use
any comments, information, ideas, concepts, reviews, or techniques
or any other material contained in any communication you
may send to us (“Feedback”), including responses
to questionnaires or through postings to the Products
and Services, including the IDMyPlan website and user
interfaces, without further compensation, acknowledgement or payment
to you for any purpose whatsoever including, but not limited to,
developing, manufacturing and marketing products and creating,
modifying or improving the Products and Services. Furthermore,
by posting any Feedback on our site, submitting Feedback
to us, or in responding to questionnaires, you grant
us a perpetual, worldwide,
Please note IDMyPlan does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to IDMyPlan. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against IDMyPlan and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
From time to time, we test various aspects of our Products and Services, including our website, other user interfaces, service levels, plans, promotions, features, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
Unless otherwise specified,
we grant you a limited, non exclusive, non transferable, license to access the Products
and Services. Except for the foregoing limited license,
no right, title or interest shall be transferred to you.
You may not download (other than through page caching necessary
for personal use, or as otherwise expressly permitted
by these Terms of Service), modify, copy, distribute, transmit,
display, perform, reproduce, duplicate, publish, license, create derivative
works from, or offer for sale any information contained on,
or obtained from or through, the Products and Services,
without our express written consent. IDMyPlan does not promote, foster
or condone the copying of
Some of the hyperlinks on the IDMyPlan website may lead to other websites or other content that are not controlled by, or affiliated with, IDMyPlan. In addition, other websites may link to the IDMyPlan website or IDMyPlan may include links to the websites of businesses, including those that have associations with us through certain programs. For example, IDMyPlan may include pages that display and provide information on Applications or other products. These pages may provide links to third party sites where IDMyPlan members may obtain or purchase such Applications. IDMyPlan has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or Terms of Service of these websites or Applications. You acknowledge and agree that IDMyPlan is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on their websites, or the performance of any Applications or other products. These linked websites have separate and independent privacy statements, notices and Terms of Service, which we recommend you read carefully. You should also refer to the section of these terms titled “How Our Products and Services Work.”
These Terms of Service shall be governed by and construed in accordance with the laws of the state of Texas, U.S.A. without regard to conflict of laws provisions. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.
You and IDMyPlan agree that any dispute, claim or controversy arising out of or relating in any way to the Products and Services, including our website, user interfaces, these Terms of Service and this Arbitration Agreement, shall be determined by binding arbitration in Travis County, Texas, instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and IDMyPlan are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your IDMyPlan membership.
YOU AND IDMYPLAN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and IDMyPlan agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
IDMyPlan.com may contain
IDMyPlan will inform an individual
of the purpose for which it collects and uses
information and the types of
IDMyPlan offers a variety of products and services that are together referred to as “the Products and Services.” If you choose to use the Products or Services, we may require you to provide contact and identity information, and other personal information as indicated on our user interfaces, including on IDMyPlan.com. Once you register on IDMyPlan.com, you are no longer anonymous to us.
We collect and store the following information:
· Information you give us, including, contact information, such as your name, company name, address, phone number and email address.
Discussion board posts and other
messages, including your correspondence with us. Our communications will
include notices about your account (for example, change in password,
We do not store the following information in the regular course of our business:
· Credit card information and billing addresses.
We use your personal information to:
· provide and improve our Products and Services
· resolve disputes, calculate and collect fees, and troubleshoot problems
· verify users’ identity and the information users provide
· encourage a safe online experience and enforce our policies
· customize users’ experience, analyze site usage, improve and measure interest in our services, and inform users about services and updates
· communicate administrative announcements when we need to provide users with information that may affect their use of Products or Services
· communicate marketing and promotional offers and events to our users
· provide customer service; and
· perform other business activities as described when we collect the information.
As part of your registration on our Website to use the Products or Services, our Website, you agree that you may receive certain administrative communications from us, such as administrative announcements and customer service messages regarding Products or Services and products during the period that we provide Products or Services to you. You may not opt out of receiving such administrative communications.
IDMyPlan does not use
personal information for marketing its services, either through email
or direct mailing. IDMyPlan may send some
Our newsletter is used as a general means of communication and may include updates to our services as well as new partner agreements. You have the option to unsubscribe to our newsletter at anytime. If we intend to use your information for a purpose that is not compatible with these purposes or if we intend to disclose it to a type of third party not previously identified, we will notify you and offer you the opportunity to opt out of such uses and/or disclosures.
When you visit IDMyPlan.com,
we collect your Internet Protocol (“IP”) addresses to track
We also collect your IP address when you log into our Products and Services as part of our security features.
We occasionally engage
third parties to track and analyze usage and volume statistical
information from users of IDMyPlan’s user
interfaces, including our website, IDMyPlan.com. We also may use other
· service providers who support our business operations and assist in delivering our Products or Services to our users (these service providers are under confidentiality agreements with us; and
· law enforcement or other government officials in order to investigate, prevent, or counteract illegal activities, suspected fraud, violations of law, or as otherwise required by law.
IDMyPlan posts a list of users and testimonials on our user interfaces, including on our website, IDMyPlan.com that contain information such as user names and titles. We obtain the consent of each user prior to posting any information on such a list or posting testimonials.
If you are registered to receive our Products or Services, you can access, review and modify your personal information at any time by logging into your Profile page.
We may delete personal information when we no longer need it for the purposes we described earlier. We may retain personal information as permitted by law to resolve disputes, enforce our policies, and prevent the recurrence of fraud or other illegal or improper activity.
To prevent unauthorized access, promote data security, and encourage appropriate use of information, we use a variety of tools, such as encryption technologies, passwords, physical and electronic security, or procedural safeguards to assist in the protection of your information. No security on the Internet is absolute, however, so we are unable to guarantee the security of any information that you share with us.
To access your information, ask questions about our privacy practices, or issue a complaint, please contact us at support@IDMyPlan.com.
Effective date of this policy: July 30, 2015