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.
These Terms of Service, together
with the Privacy Policy, constitute the entire agreement between you
and IDMyPlan and supersede any and all previous agreements,
written or oral, between you and IDMyPlan, including previous
versions of the Terms of Service.
Any failure of IDMyPlan
to enforce or exercise a right provided in these terms
is not a waiver of that right.
IDMyPlan reserves the right,
from time to time, with or without notice to you, to change
these Terms of Service, including the Privacy Policy, in our
sole and absolute discretion. IDMyPlan may also freely assign
or transfer this Agreement. The most current version of these Terms
of Service can be reviewed by visiting our website
and clicking on “Terms of Service” located
at the bottom of the pages of the IDMyPlan
website. The most current version of the Terms of Service will
supersede all previous versions. We will endeavor to post prior
version(s) on our website when the Terms of Service are updated.
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.
Except as described in our
Privacy Policy, IDMyPlan will not be required to treat
any Content as confidential.
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,
Use of the Products
and Services and any personally identifying information
submitted through the Products and Services, such as through our
user interfaces containing community forums, is subject to our
Privacy Policy, the terms of which are incorporated herein,
and a copy of which is currently located below. Please
review our Privacy Policy to understand our practices.
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.
Please review our Privacy Policy
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 support@idmyplan.com.
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.
IN NO EVENT SHALL IDMYPLAN,
OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS,
OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY
OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT
OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, GOODWILL, BUSINESS
INTERRUPTION OR ANY OTHER COMMERCIAL OR INTANGIBLE DAMAGES
OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY
OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT
OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE
PRODUCTS AND SERVICES, OUR WEBSITE, AND ALL CONTENTS AND SOFTWARE ASSOCIATED
THEREWITH, OR OTHERWISE RELATED TO THE PRODUCTS AND SERVICES,
INCLUDING ANY FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR
LOSSES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCTS AND
SERVICES, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND
SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED
BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE
AMOUNT OF YOUR PREVIOUS THREE (3) MONTHS OF FEES PAID TO IDMYPLAN
ON YOUR MEMBERSHIP PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN
IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION
OR OTHER SECTIONS OF THESE TERMS OF SERVICE, INCLUDING ANY
PORTION OF THE PRIVACY POLICY, TO BE UNENFORCEABLE, THEN THOSE
PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS
OF SERVICE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY
WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED
BY APPLICABLE LAW.
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
WARRANTY OF
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.
Copyright. The
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.
Privacy
Policy
This
Privacy Policy covers the information practices of our user
interfaces, including our website IDMyPlan.com. By visiting IDMyPlan.com or our other
user interfaces, you are accepting the practices described in this
Privacy Policy. This Privacy Policy operates in conjunction with our Terms
of Service which together constitute the entire agreement between you
and IDMyPlan. Please review each of these documents
to understand all of the terms and conditions of your
agreement with us.
IDMyPlan.com may contain
links to
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,
confirmation
·
Information from
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
and aggregate
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
We neither sell nor
rent your personal information to third parties for their marketing
purposes without your explicit consent. We may disclose personal
information to respond to legal requirements, enforce or apply
our Terms of Use and other agreements and policies, respond
to claims that a listing or other content violates others’
rights, or to protect anyone’s rights, property, or safety.
We also may exchange personal information with:
·
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.
We may amend this
Privacy Policy at any time by posting the amended terms
on IDMyPlan.com. In the event of amendment, all terms shall
take effect thirty (30) days after initial posting to IDMyPlan.com. Your
continued use of any of the Products and Services will
constitute your acceptance of any changes or additions
to this Privacy Policy.
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