PlannerDAO Site Terms of Use

Updated July 27, 2022

 

PlannerDAO Site Terms of Use

Updated July 27, 2022

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.

By using the PlannerDAO website (the “Site”) or any PlannerDAO applications or application plug-ins (“Applications”), you agree to follow and be bound by the following terms of use (the “Terms”):

1. DEFINITIONS. In these Terms, the words “you” and “your” mean you, your firm, and your clients; “we”, “us”, and “our” mean PlannerDAO; and “Services” means all services provided by us.

2. RESPONSIBILITY TO REVIEW TERMS. It is your responsibility to review these Terms periodically. If at any time you find these Terms unacceptable or if you do not agree to these Terms, you shall not use this Site or any Applications. We may revise these Terms at any time without notice to you. You represent you are at least 18 years of age and you are legally able to enter a contract.

3. NO PROFESSIONAL RELATIONSHIP. THIS SITE AND APPLICATIONS ARE NOT INTENDED TO CREATE AN ATTORNEY-CLIENT OR ADVISOR-CLIENT RELATIONSHIP, AND YOUR USE OF PLANNERDAO DOES NOT AND WILL NOT CREATE AN ATTORNEY-CLIENT OR ADVISOR-CLIENT RELATIONSHIP BETWEEN YOU AND PLANNERDAO OR ITS MEMBERS.

4. PRIVACY POLICY. When you open an account to use or access certain portions of the Site, Applications, or services, you shall provide complete and accurate information as requested on the registration form. You will also be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password. You shall not use a third party's account, username, or password at any time. You shall notify PlannerDAO immediately of any unauthorized use of your account, username, or password. PlannerDAO is not liable for any losses you incur because of someone else's use of your account or password, either with or without your knowledge. In connection with the use of certain PlannerDAO products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. In addition, you grant PlannerDAO a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish, and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights held by PlannerDAO at any time by removing your personal information from the applicable service.

5. OWNERSHIP. This Site and Applications are owned and operated by PlannerDAO. All right, title, and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by PlannerDAO or by our respective third-party authors, developers, or vendors (“Third-Party Providers”). Except as otherwise expressly provided by PlannerDAO, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way, and nothing on this Site or on any Applications may be construed to confer any license under any of PlannerDAO’s intellectual property rights, whether by estoppel, implication, or otherwise. See Section 26: Legal Contact Information below if you have any questions about obtaining such licenses. PlannerDAO does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by PlannerDAO. Any rights not expressly granted herein are reserved by PlannerDAO.

6. LIMITED PERMISSION TO DOWNLOAD. PlannerDAO hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use provided that (I) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms. On any such termination, you shall immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site or Applications may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.

7. LINKS TO THIRD PARTY SITES. This Site and Applications may contain links to websites controlled by parties other than PlannerDAO (each a “Third-Party Site”). PlannerDAO works with a number of partners and affiliates whose sites are linked with PlannerDAO. PlannerDAO may also provide links to other citations or resources with whom it is not affiliated. PlannerDAO is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third-Party Site, any website accessed from a Third-Party Site or any changes or updates to such sites. PlannerDAO makes no guarantees about the content or quality of the products or services provided by such sites. PlannerDAO is not responsible for webcasting or any other form of transmission received from any Third-Party Site. PlannerDAO is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PlannerDAO of the Third-Party Site, nor does it imply that PlannerDAO sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You bear all risks associated with access to and use of content provided on a Third-Party Site; PlannerDAO is not responsible for any loss or damage of any sort you incur from dealing with a third party. You should contact the site administrator for the applicable Third-Party Site if you have any concerns regarding such links or the content located on any such site.

8. USE OF PLANNERDAO FORMS. On our Site, through our Applications, and through certain partners, we offer self-help forms (the “Forms”). These Terms apply to the Forms. Your download or use of Forms is not legal or investment advice, and that each form and any applicable instructions or guidance is not customized to your particular needs.

(a) License to Use. PlannerDAO grants you a limited, personal, non-exclusive, non-transferable license to use the Forms for your own personal, internal business use, or if you are an investment professional, for your client. Except as otherwise provided, you shall not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any reference to these Terms or copyright notices from any Forms.

(b) Resale of Forms Prohibited. Forms may only be used for your personal or business use or used by you in connection with your client. You shall not sell or redistribute Forms without the express written consent of PlannerDAO.

(c) Indemnification for Use of Forms. YOU ASSUME THE RISK OF USING THE FORMS. UNDER NO CIRCUMSTANCES WILL PLANNERDAO BE HELD LIABLE FOR ANY LOSS, INCLUDING LOSSES OF YOUR FUNDS, CONNECTED WITH YOUR USE OF THE FORMS. YOU SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS PLANNERDAO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, COSTS, DAMAGES, EXPENSES, LOSSES, AND LIABILITIES (INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS) OF WHATEVER KIND OR NATURE AND REGARDLESS OF HOW OR WHY INCURRED, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE FORMS, WITHOUT PREJUDICE TO ANY OTHER RIGHT OR REMEDY AVAILABLE.

9. DISPUTE RESOLUTION BY BINDING ARBITRATION

(a) PlannerDAO and you shall arbitrate all disputes, claims, and controversies, including the determination of the scope or applicability of this section, between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:

• claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;

• claims that arose before these or any prior Terms, including but not limited to claims relating to advertising;

• claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and

• claims that arise after the termination of these Terms.

For the purposes of this Section 9, references to “PlannerDAO”, “you”, and “us” include each of our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, those named in an estate planning document.

(b) The arbitration must be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause does not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

(c) These Terms and the rights of the parties hereunder is governed by and construed in accordance with the laws of the State of Wyoming, exclusive of conflict or choice of law rules.

(d) These Terms evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to these Terms is governed by the Federal Arbitration Act (9 U.S.C., § 1-16).

(e) Except where required by statute, in any arbitration arising out of or related to these Terms, the arbitrator(s) are not empowered to award punitive or exemplary damages, and the parties waive any right to recover any such damages.

(f) In any arbitration arising out of or related to these Terms, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits.

(g) In any arbitration arising out of or related to these Terms, the arbitrator(s) must award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator(s) determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.

(h) YOU AND PLANNERDAO EACH HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND PLANNERDAO MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and PlannerDAO agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then only that claim must be severed from the arbitration and may be brought in court.

10. ADDITIONAL TERMS. Some PlannerDAO Services may be subject to additional posted guidelines, rules, or terms of service (“Additional Terms”) and your use of such Services is conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms control.

11. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT. At various locations on the Site or through Applications, PlannerDAO may permit visitors to post ratings, reviews, comments, questions, answers, and other content (the “User Content”). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms.

12. RIGHTS AND RESPONSIBILITIES OF PLANNERDAO. PlannerDAO is not the publisher or author of the User Content. PlannerDAO takes no responsibility and assumes no liability for any content posted by you or any third party.

Although we cannot make an absolute guarantee of system security, PlannerDAO takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us for help.

If PlannerDAO's technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, PlannerDAO reserves the right to delete those files or to stop those processes. If PlannerDAO’s technical staff suspects a username is being used by someone who is not authorized by the proper user, PlannerDAO may temporarily disable that user's access to preserve system security. In all such cases, PlannerDAO will contact the member as soon as feasible.

PlannerDAO has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location, or otherwise change any User Content.

13. RIGHTS AND RESPONSIBILITIES OF PLANNERDAO USERS OR OTHER POSTERS OF USER CONTENT. You are legally and ethically responsible for any User Content, including writings, files, pictures, or any other work, which you post or transmit using any PlannerDAO service that allows interaction or dissemination of information. In posting User Content, you may not submit any content that:

• is known by you to be false, inaccurate or misleading;

• infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Please see Section 17: Compliance with Intellectual Property Laws below;

• violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising). Please see Section 18: Compliance with Export Restrictions below;

• is, or may reasonably be considered, defamatory, libelous, hateful, racially, or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership, or corporation. Please see Section 18: Inappropriate Content below;

• includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;

• includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;

• contains any computer virus, worms, or other potentially damaging computer programs or files;

• otherwise violates these Terms.

Investment professionals that submit User Content and provide advice do so at their own risk.

Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination.

You grant PlannerDAO a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.

14. NO WARRANTY. THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, PLANNERDAO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

PLANNERDAO MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS OF THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. PLANNERDAO IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

15. INDEMNIFICATION. YOU SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS PLANNERDAO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, COSTS, DAMAGES, EXPENSES, LOSSES, AND LIABILITIES (INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS) OF WHATEVER KIND OR NATURE AND REGARDLESS OF HOW OR WHY INCURRED, ARISING OUT OF OR IN CONNECTION WITH A BREACH OF THESE TERMS, WITHOUT PREJUDICE TO ANY OTHER RIGHT OR REMEDY AVAILABLE.

16. UNSOLICITED SUBMISSIONS. Except as required in connection with your use of PlannerDAO Services, PlannerDAO does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information, or material submitted to PlannerDAO through or in association with this Site is non-confidential and is PlannerDAO's property. By providing such submissions to PlannerDAO, you hereby assign to PlannerDAO, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. PlannerDAO is free to use or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality, and content.

17. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing PlannerDAO, you shall obey the law and respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark, and other intellectual property ownership. You shall not upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You shall abide by laws regarding copyright ownership and use of intellectual property, and you are solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit or that is provided or transmitted using your PlannerDAO user account.

18. COMPLIANCE WITH EXPORT RESTRICTIONS. The Materials are subject to the United States Export Administration Laws and Regulations. You shall not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You shall comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and obtain all licenses required to export or re-export. You shall not acquire for, ship, transfer, or re-export any Materials or any direct product therefrom to proscribed or embargoed countries or their nationals.

19. INAPPROPRIATE CONTENT. When accessing the Site, any Applications, or using PlannerDAO’s Services, you shall not upload, download, display, perform, transmit, or otherwise distribute any content that: (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. PlannerDAO may terminate or delete such material from its servers. PlannerDAO will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.

20. PERSONAL USE. The site is made available for your personal use on your own behalf.

21. CHILDREN. Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.

22. GOVERNING LAW; VENUE. Any legal action or proceeding relating to your access to or use of the Site, an Application, or Materials is governed by the Arbitration Agreement contained in Section 9 of these Terms. These Terms expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which do not apply to any transaction conducted through or otherwise involving this Site or an Application.

23. COPYRIGHTS. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, PlannerDAO. ALL RIGHTS RESERVED.

24. TRADEMARKS. PlannerDAO, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks, or trade dress of PlannerDAO. All other trademarks, product names and company names, or logos cited herein are the property of their respective owners.

25. RIGHT TO REFUSE. PlannerDAO reserves the right to refuse service to anyone and to cancel user access at any time and for any reason.

26. LEGAL CONTACT INFORMATION. For inquiries related to these Terms, you may contact PlannerDAO at info[at]plannerdao.io.

EFULLY BEFORE USING THIS SITE. 

By using thePlannerDAO website (the “Site”) or any PlannerDAO applications orapplication plug-ins (“Applications”), you agree to follow and be boundby the following terms of use (the “Terms”):

1. DEFINITIONS. In these Terms, thewords “you” and “your” mean you, your firm, and your clients; “we”,“us”, and “our” mean PlannerDAO; and “Services” means allservices provided by us.

2. RESPONSIBILITY TO REVIEW TERMS. It isyour responsibility to review these Terms periodically. If at any time you findthese Terms unacceptable or if you do not agree to these Terms, you shall notuse this Site or any Applications. We may revise these Terms at any timewithout notice to you. You represent you are at least 18 years of age and youare legally able to enter a contract.

3. NO PROFESSIONAL RELATIONSHIP. THIS SITE AND APPLICATIONS ARENOT INTENDED TO CREATE AN ATTORNEY-CLIENT OR ADVISOR-CLIENT RELATIONSHIP, ANDYOUR USE OF PLANNERDAO DOES NOT AND WILL NOT CREATE AN ATTORNEY-CLIENT ORADVISOR-CLIENT RELATIONSHIP BETWEEN YOU AND PLANNERDAO OR ITS MEMBERS. 

4. PRIVACY POLICY. When you open anaccount to use or access certain portions of the Site, Applications, orservices, you shall provide complete and accurate information as requested onthe registration form. You will also be asked to provide a username andpassword. You are entirely responsible for maintaining the confidentiality ofyour password. You shall not use a third party's account, username, or passwordat any time. You shall notify PlannerDAO immediately of any unauthorized use ofyour account, username, or password. PlannerDAO is not liable for any lossesyou incur because of someone else's use of your account or password, eitherwith or without your knowledge. In connection with the use of certainPlannerDAO products or services, you may be asked to provide personalinformation in a questionnaire, application, form or similar document orservice. In addition, you grant PlannerDAO a worldwide, royalty-free,nonexclusive, and fully sublicensable license to use, distribute, reproduce,modify, publish, and translate this personal information solely for the purposeof enabling your use of the applicable service. You may revoke this license andterminate rights held by PlannerDAO at any time by removing your personalinformation from the applicable service.

5. OWNERSHIP. This Site andApplications are owned and operated by PlannerDAO. All right, title, andinterest in and to the materials provided on this Site and Applications,including but not limited to information, documents, logos, graphics, soundsand images (the “Materials”) are owned either by PlannerDAO or by ourrespective third-party authors, developers, or vendors (“Third-PartyProviders”). Except as otherwise expressly provided by PlannerDAO, none ofthe Materials may be copied, reproduced, republished, downloaded, uploaded,posted, displayed, transmitted, or distributed in any way, and nothing on thisSite or on any Applications may be construed to confer any license under any ofPlannerDAO’s intellectual property rights, whether by estoppel, implication, orotherwise. See Section 26:Legal Contact Information below if you have any questions about obtaining suchlicenses. PlannerDAO does not sell, license, lease or otherwise provide any ofthe Materials other than those specifically identified as being provided byPlannerDAO. Any rights not expressly granted herein are reserved by PlannerDAO.

6. LIMITED PERMISSION TO DOWNLOAD.PlannerDAO hereby grants you permission to download, view, copy and print theMaterials on any single, stand-alone computer solely for your personal,informational, non-commercial use provided that (I) where provided, thecopyright and trademark notices appearing on any Materials not be altered orremoved, (ii) the Materials are not used on any other website or in a networkedcomputer environment and (iii) the Materials are not modified in any way,except for authorized editing of downloadable forms for personal use. Thispermission terminates automatically without notice if you breach any of theterms or conditions of these Terms. On any such termination, you shallimmediately destroy any downloaded or printed Materials. Any unauthorized useof any Materials contained on this Site or Applications may violate copyrightlaws, trademark laws, laws of privacy and publicity and communicationsregulations and statutes.

7. LINKS TO THIRD PARTY SITES.This Site and Applications may contain links to websites controlled by partiesother than PlannerDAO (each a “Third-Party Site”). PlannerDAO works witha number of partners and affiliates whose sites are linked with PlannerDAO.PlannerDAO may also provide links to other citations or resources with whom itis not affiliated. PlannerDAO is not responsible for and does not endorse oraccept any responsibility for the availability, contents, products, services oruse of any Third-Party Site, any website accessed from a Third-Party Site orany changes or updates to such sites. PlannerDAO makes no guarantees about thecontent or quality of the products or services provided by such sites.PlannerDAO is not responsible for webcasting or any other form of transmissionreceived from any Third-Party Site. PlannerDAO is providing these links to youonly as a convenience, and the inclusion of any link does not imply endorsementby PlannerDAO of the Third-Party Site, nor does it imply that PlannerDAOsponsors, is affiliated or associated with, guarantees, or is legallyauthorized to use any trade name, registered trademark, logo, legal or officialseal, or copyrighted symbol that may be reflected in the links. You bear allrisks associated with access to and use of content provided on a Third-PartySite; PlannerDAO is not responsible for any loss or damage of any sort youincur from dealing with a third party. You should contact the siteadministrator for the applicable Third-Party Site if you have any concernsregarding such links or the content located on any such site.

8. USE OF PLANNERDAO FORMS. On our Site, throughour Applications, and through certain partners, we offer self-help forms (the “Forms”).These Terms apply to the Forms. Your download or use of Forms is not legal orinvestment advice, and that each form and any applicable instructions orguidance is not customized to your particular needs.

(a) License to Use. PlannerDAO grants youa limited, personal, non-exclusive, non-transferable license to use the Formsfor your own personal, internal business use, or if you are an investmentprofessional, for your client. Except as otherwise provided, you shall notmodify, edit, copy, reproduce, create derivative works of, reverse engineer,alter, enhance or in any way exploit any of the Forms in any manner, except formodifications in filling out the Forms for your authorized use. You shall notremove any reference to these Terms or copyright notices from any Forms.

(b) Resale of Forms Prohibited. Forms may only be used for your personal or business use or used byyou in connection with your client. You shall not sell or redistribute Formswithout the express written consent of PlannerDAO.

(c) Indemnification for Use of Forms. YOU ASSUME THE RISK OF USINGTHE FORMS. UNDER NO CIRCUMSTANCES WILL PLANNERDAO BE HELD LIABLE FOR ANY LOSS,INCLUDING LOSSES OF YOUR FUNDS, CONNECTED WITH YOUR USE OF THE FORMS. YOU SHALLINDEMNIFY, DEFEND, AND HOLD HARMLESS PLANNERDAO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, COSTS, DAMAGES, EXPENSES,LOSSES, AND LIABILITIES (INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS) OFWHATEVER KIND OR NATURE AND REGARDLESS OF HOW OR WHY INCURRED, ARISING OUT OFOR IN CONNECTION WITH YOUR USE OF THE FORMS, WITHOUT PREJUDICE TO ANY OTHERRIGHT OR REMEDY AVAILABLE.

9. DISPUTE RESOLUTION BY BINDING ARBITRATION

(a) PlannerDAOand you shall arbitrate all disputes, claims,and controversies, including thedetermination of the scope or applicability of this section, between usbefore a single arbitrator. The types ofdisputes and claims we agree to arbitrate are intended to be broadlyinterpreted. It applies, without limitation, to:

·        claims arising out ofor relating to any aspect of the relationship between us, whether based incontract, tort, statute, fraud, misrepresentation, or any other legal theory;

·        claims that arosebefore these or any prior Terms, including but not limited to claims relatingto advertising;

·        claims that arecurrently the subject of purported class action litigation in which you are nota member of a certified class; and

·        claims that ariseafter the termination of these Terms.

For the purposes of this Section 9,references to “PlannerDAO”, “you”, and “us” include eachof our respective subsidiaries, affiliates, agents, employees, employers,business partners, shareholders, predecessors in interest, successors,and assigns, as well as all authorized or unauthorized users or beneficiariesof services or products under these Terms or any prior agreements between us.Beneficiaries include, but are not limited to, those named in an estateplanning document. 

(b) Thearbitration must be administered by JAMS pursuant to its ComprehensiveArbitration Rules and Procedures. Judgment on the Award may be entered in anycourt having jurisdiction. This clause does not preclude parties from seekingprovisional remedies in aid of arbitration from a court of appropriatejurisdiction.

(c) TheseTerms and the rights of the parties hereunder is governed by and construed inaccordance with the laws of the State of Wyoming, exclusive of conflict orchoice of law rules.

(d) TheseTerms evidence a transaction involving interstate commerce. Notwithstanding theprovision in the preceding paragraph with respect to applicable substantivelaw, any arbitration conducted pursuant to these Terms is governed by theFederal Arbitration Act (9 U.S.C., § 1-16).

(e) Exceptwhere required by statute, in any arbitration arising out of or related to theseTerms, the arbitrator(s) are not empowered to award punitive or exemplarydamages, and the parties waive any right to recover any such damages.

(f) Inany arbitration arising out of or related to these Terms, the arbitrator(s) maynot award any incidental, indirect or consequential damages, including damagesfor lost profits.

(g) Inany arbitration arising out of or related to these Terms, the arbitrator(s) mustaward to the prevailing party, if any, the costs and attorneys’ fees reasonablyincurred by the prevailing party in connection with the arbitration. If thearbitrator(s) determine a party to be the prevailing party under circumstanceswhere the prevailing party won on some but not all claims and counterclaims,the arbitrator(s) may award the prevailing party an appropriate percentage ofthe costs and attorneys’ fees reasonably incurred by the prevailing party inconnection with the arbitration.

(h) YOU AND PLANNERDAO EACH HEREBY WAIVE THE RIGHT TO A TRIAL BY JURYOR TO PARTICIPATE IN A CLASS ACTION. YOUAND PLANNERDAO MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITSINDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTEDCLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEYGENERAL. Further, unless both you and PlannerDAO agree otherwise, thearbitrator may not consolidate more than one person’s claims and may nototherwise preside over any form of a representative or class proceeding. Thearbitrator may award any relief that a court could award that is individualizedto the claimant and would not affect other customers. Neither you nor we mayseek non-individualized relief that would affect other customers. If a courtdecides that applicable law precludes enforcement of any of this paragraph’slimitations as to a particular claim for relief, then only that claim must besevered from the arbitration and may be brought in court.

10. ADDITIONAL TERMS. Some PlannerDAOServices may be subject to additional posted guidelines, rules, or terms ofservice (“Additional Terms”) and your use of such Services is conditioned onyour agreement to the Additional Terms. If there is any conflict between these Termsand the Additional Terms, the Additional Terms will control for that Service,unless the Additional Terms expressly state that these Terms control.

11. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT. At various locations on the Site or through Applications,PlannerDAO may permit visitors to post ratings, reviews, comments, questions,answers, and other content (the “User Content”). Contributions to, access toand use of the User Content is subject to this paragraph and the other termsand conditions of these Terms.

12. RIGHTS AND RESPONSIBILITIES OF PLANNERDAO. PlannerDAO is not the publisher or author of the User Content.PlannerDAO takes no responsibility and assumes no liability for any contentposted by you or any third party.

Although we cannot make an absolute guarantee of systemsecurity, PlannerDAO takes reasonable steps to maintain security. If you havereason to believe system security has been breached, contact us for help.

If PlannerDAO's technical staff finds that files or processesbelonging to a member pose a threat to the proper technical operation of thesystem or to the security of other members, PlannerDAO reserves the right todelete those files or to stop those processes. If PlannerDAO’s technical staffsuspects a username is being used by someone who is not authorized by theproper user, PlannerDAO may temporarily disable that user's access to preservesystem security. In all such cases, PlannerDAO will contact the member as soonas feasible.

PlannerDAO has the right (but not the obligation), in our soleand absolute discretion, to edit, redact, remove, re-categorize to a moreappropriate location, or otherwise change any User Content.

13. RIGHTS AND RESPONSIBILITIES OF PLANNERDAO USERS OR OTHER POSTERSOF USER CONTENT. You are legally andethically responsible for any User Content, including writings, files, pictures,or any other work, which you post or transmit using any PlannerDAO service thatallows interaction or dissemination of information. In posting User Content,you may not submit any content that:

·        is known by you to befalse, inaccurate or misleading;

·        infringes anyone’scopyright, patent, trademark, trade secret or other proprietary rights orrights of publicity or privacy. Please see Section 17: Compliance withIntellectual Property Laws below;

·        violates any law,statute, ordinance, or regulation (including, but not limited to, thosegoverning export control, consumer protection, unfair competition,antidiscrimination, or false advertising). Please see Section 18: Compliance with ExportRestrictions below;

·        is, or may reasonably beconsidered, defamatory, libelous, hateful, racially, or religiously biased oroffensive, unlawfully threatening or unlawfully harassing, or advocates orencourages illegal conduct harmful to any individual, partnership, orcorporation. Please see Section 18: Inappropriate Contentbelow;

·        includes advertisements,spam, or content for which you were compensated or granted any consideration byany third party;

·        includes informationthat references other websites, addresses, email addresses, phone numbers, orother contact information;

·        contains any computervirus, worms, or other potentially damaging computer programs or files;

·        otherwise violates theseTerms.

Investment professionals that submit User Content and provideadvice do so at their own risk. 

Under United States federal law, you retain copyright on allworks you create and post as User Content, unless you choose specifically torenounce it. In posting a work as User Content, you authorize other members whohave access to that service to make personal and customary use of the work,including creating links or reposting, but not otherwise to reproduce ordisseminate it unless you give permission for such dissemination.

You grant PlannerDAO a perpetual, irrevocable, royalty-free,transferable right and license to use, copy, modify, delete in its entirety,adapt, publish, translate, create derivative works from, sell, distribute, orincorporate such content into any form, medium, or technology throughout theworld without compensation to you. You have the right to remove any of your worksfrom User Content at any time.

14. NO WARRANTY. THE SITE,APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOURUSE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, PLANNERDAO EXPRESSLY DISCLAIMSALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOTLIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, TITLE, AND NON-INFRINGEMENT.

PLANNERDAO MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS,OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, ORTHE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE ORERROR-FREE BASIS; (C) THE RESULTS OF THE USE OF THE SITE, APPLICATIONS, OR ANYMATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE ORRELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHERMATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR INRELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE ORAPPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. PLANNERDAO ISNOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THATRESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

15. INDEMNIFICATION. YOU SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS PLANNERDAO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, COSTS, DAMAGES, EXPENSES,LOSSES, AND LIABILITIES (INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS) OFWHATEVER KIND OR NATURE AND REGARDLESS OF HOW OR WHY INCURRED, ARISING OUT OFOR IN CONNECTION WITH A BREACH OF THESE TERMS, WITHOUT PREJUDICE TO ANY OTHERRIGHT OR REMEDY AVAILABLE.

16. UNSOLICITED SUBMISSIONS. Except as required inconnection with your use of PlannerDAO Services, PlannerDAO does not want youto submit confidential or proprietary information to us through this Site orany Applications. All comments, feedback, information, or material submitted toPlannerDAO through or in association with this Site is non-confidential and isPlannerDAO's property. By providing such submissions to PlannerDAO, you herebyassign to PlannerDAO, at no charge, all worldwide right, title and interest inand to the submissions and any intellectual property rights associatedtherewith. PlannerDAO is free to use or disseminate such submissions on anunrestricted basis for any purpose. You acknowledge that you are responsiblefor the submissions that you provide, including their legality, reliability,appropriateness, originality, and content.

17. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessingPlannerDAO, you shall obey the law and respect the intellectual property rightsof others. Your use of the Service and the Site is at all times governed by andsubject to laws regarding copyright, trademark, and other intellectual propertyownership. You shall not upload, download, display, perform, transmit, orotherwise distribute any information or content in violation of any thirdparty's copyrights, trademarks, or other intellectual property or proprietaryrights. You shall abide by laws regarding copyright ownership and use ofintellectual property, and you are solely responsible for any violations of anyrelevant laws and for any infringements of third-party rights caused by anycontent you provide or transmit or that is provided or transmitted using yourPlannerDAO user account.

18. COMPLIANCE WITH EXPORT RESTRICTIONS. The Materials aresubject to the United States Export Administration Laws and Regulations. You shallnot access, download, use or export the Site, Applications, or the Materials inviolation of United States export laws or regulations or in violation of anyother applicable laws or regulations. You shall comply with all export laws andrestrictions and regulations of any United States or foreign agency orauthority and obtain all licenses required to export or re-export. You shallnot acquire for, ship, transfer, or re-export any Materials or any directproduct therefrom to proscribed or embargoed countries or their nationals.

19. INAPPROPRIATE CONTENT. When accessing the Site, any Applications, orusing PlannerDAO’s Services, you shall not upload, download, display, perform,transmit, or otherwise distribute any content that: (a) is libelous,defamatory, obscene, pornographic, abusive, or threatening; (b) advocates orencourages conduct that could constitute a criminal offense, give rise to civilliability, or otherwise violate any applicable local, state, national, orforeign law or regulation; or (c) advertises or otherwise solicits funds or isa solicitation for goods or services. PlannerDAO may terminate or delete suchmaterial from its servers. PlannerDAO will cooperate fully with any lawenforcement officials or agencies in the investigation of any violation ofthese Terms or of any applicable laws.

20. PERSONAL USE. The site is madeavailable for your personal use on your own behalf.

21. CHILDREN. Minors are noteligible to use the Site or Applications and we ask that they do not submit anypersonal information to us.

22. GOVERNING LAW; VENUE. Any legal action orproceeding relating to your access to or use of the Site, an Application, orMaterials is governed by the Arbitration Agreement contained in Section 9 of these Terms. These Terms expressly exclude and disclaim theterms of the U.N. Convention on Contracts for the International Sale of Goods,which do not apply to any transaction conducted through or otherwise involvingthis Site or an Application.

23. COPYRIGHTS. All Site design,text, graphics, the selection and arrangement thereof, Copyright ©, PlannerDAO.ALL RIGHTS RESERVED.

24. TRADEMARKS. PlannerDAO, allimages and text, and all page headers, custom graphics and button icons areservice marks, trademarks, or trade dress of PlannerDAO. All other trademarks,product names and company names, or logos cited herein are the property oftheir respective owners.

25. RIGHT TO REFUSE. PlannerDAO reservesthe right to refuse service to anyone and to cancel user access at any time andfor any reason.

26. LEGAL CONTACT INFORMATION. For inquiries relatedto these Terms, you may contact PlannerDAO at info[at]plannerdao.io.