PLAN + ELEVATE – Terms of Service
Welcome to Plan+Elevate! These Terms of Service (these “Terms”) govern your access to and use of the website (the “Site”) of Anna Hackathorn Inc. (“Plan+Elevate”), creators of Plan+Elevate at www.planandelevate.com, including any content, functionality and services offered on or through the Site (collectively, the “Services”), so please read them carefully before using the Services.
Using our Services
1.Description of Services
Plan+Elevate provides interior design advice that allows clients to learn how to do interior design for their own homes. The course includes pre-recorded videos and downloadable documents which provide general information, and the personal video consultations provide more specific advice to the user’s own home.
Any policies, rules and fees posted by Plan+Elevate on the Site with respect to its Services are hereby incorporated into these Terms.
2.Changes to these Terms
These Terms may change from time to time. We will notify you of any material changes to these Terms by posting a notice on the homepage of the Site for a reasonable period of time after such changes are made, email you notice of such changes to the email address on file through your registration and by changing the "Last Updated" date at the top of this webpage. We encourage you to check this page periodically for any changes. Your continued use of the Site following the posting of changes to these Terms will mean you accept those changes.
3.Registering/Eligibility for the Services
If you choose, or are provided with, a user name, password or any other piece of account information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms, or any applicable law or regulation.
4.Payments for Services
Plan+Elevate’s current fee schedule and payment policies for the Services are available on our Site. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel purchases per person, per household or per order. These restrictions may include orders placed by or under the same Stripe account, the same credit card, and/or orders that use the same billing address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by users attempting to resell the Services or otherwise violate these Terms.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You agree to promptly update billing and other information, including your email address and payment processing information, so that we can complete your transactions and contact you as needed.
All fees are exclusive of applicable taxes, unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of the services provided to you.
We may revise and update our fee schedule and Terms from time to time at our sole discretion. We will notify you of any revisions and updates by posting them to the website. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your use of the Services following any such change constitutes your agreement to be bound by the modified fee schedule and Terms. If you do not agree to the revisions, you should stop using the Services. These Terms will identify the date of last update. As we will be continually improving the Services and adding more features, you are expected to check this page each time you access the Services so you are aware of any changes, as they are binding on you.
6.Intellectual Property Rights
Unless otherwise noted all materials, including products, images, illustrations, designs, icons, photographs, sounds, videos, written, and other materials that appear as part of this Site are copyrights, trademarks, trade dress and/or other forms of intellectual property owned, controlled, and/or used under license or with other legal authority by Plan+Elevate . The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interest in and to which are owned by Plan+Elevate. The material and content accessible from this Site, and any other Site owned, operated, licensed, or otherwise controlled by Plan+Elevate is the proprietary information of Elevate or the party that provided or licensed the content to Plan+Elevate whereby such providing party retains all rights, title and interest in the content.
Except as expressly authorized by these Terms or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the aforementioned copyright or trademark materials in any form or by any means, without the prior written authorization of Plan+Elevate or the respective copyright/trademark owner. Accordingly, you may only print out a copy of the content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content. Modification or use of the content except as expressly provided in these Terms violates Plan+Elevate ’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.
Site is solely for personal, non-commercial purposes related to consulting and content in the field of interior design. Any other use of any content included on the Site, including linking or framing to this Site, are strictly prohibited unless you first obtain our prior written consent and approval.
If you wish to make any use of material on the Site other than as set out in this section, please address your request to firstname.lastname@example.org. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Plan+Elevate. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
7.Permitted and Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services in any way that violates any applicable federal, state, local or international law or regulation. You also agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site.
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any device, software or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Attempt to bypass methods Plan+Elevate may use to prevent or restrict access to the Site or Services.
- Otherwise attempt to interfere with the proper working of the Site.
- Use the Site or Services for any purpose competitive to the Plan+Elevate services, or for the purpose of disparaging the Services.
- Scrape or copy profiles and information of other Site users through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work) for any purpose whatsoever.
- Market, sell, transfer, or otherwise make available to any other person or entity any data collected from, or derived from data collected from, the Site, for any commercial, political, market surveying or other purpose, whether in aggregated or bulk form or otherwise.
8.Reliance on Site Contents and Services
We always strive to provide complete, accurate, up-to-date information on our Site. Unfortunately, despite those efforts, human or technological errors may occur. This Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing, description of services, and some information may not be complete or current.
We reserve the right to correct any errors, inaccuracies or omissions, including after you have purchased any services and to change or update information at any time without prior notice.
You understand that Plan+Elevate does not guarantee you any specific results from the Services. You understand that Plan+Elevate makes no guarantees about the Services, either explicit or implied, including Plan+Elevate’s compatibility with yourself. You must exercise your own diligence and caution in using the Services. Plan+Elevate shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site. Plan+Elevate disclaims any and all liability for any loss, damage or injury based on information directly or indirectly obtained through the Services.
You may deactivate or remove your account at any time for any reason by contacting us at email@example.com. Plan+Elevate may choose to suspend or terminate your use of the Services and/or your account for any reason at any time. Subject to applicable law, Plan+Elevate reserves the right to maintain or delete all communications and materials posted or uploaded to the Services pursuant to its internal record retention and/or content destruction policies. After such termination, Plan+Elevate will have no further obligation to provide any services, except to the extent we are obligated to provide you access to your company records (if applicable).
Plan+Elevate, at their sole discretion, may terminate your account and/or these Terms at any time and for any reason. Upon termination, your account shall be deactivated and you will not be able to continue to use the Services.
10.Linking to the Site and Social Media Features
You may link to the homepage of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. The Site may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Site.
- Send e-mails or other communications with certain content, or links to certain content, on the Site.
- Cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites (such as Facebook, Instagram, Twitter or LinkedIn).
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Except through linking mechanisms we provide, link to any part of the Site other than the homepage.
- Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at PlanAndElevate.com.
11.Links from the Site
Although this Site may be accessible worldwide, we make no representation that materials on this Site or the Services provided are appropriate or available for use in locations outside the United States of America. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
13.Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that content available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. NEITHER ANNA HACKATHORN INC. NOR ANYONE ASSOCIATED WITH ANNA HACKATHORN INC. MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER ANNA HACKATHORN INC. NOR ANYONE ASSOCIATED WITH ANNA HACKATHORN INC. REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ANNA HACKATHORN INC. AND ALL PARTIES ASSOCIATED WITH PLAN+ELEVATE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14.Limitation of Liability
IN NO EVENT WILL ANNA HACKATHORN INC., ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THE SITE, OR ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL ANNA HACKATHORN INC.’S LIABILITY TO YOU EXCEED ANY FEES PAID BY YOU IN THE LAST TWELVE MONTHS.THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Plan+Elevate, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms or your use of the Services, including, without limitation, any use of the content, services, and products of the Services other than as expressly authorized in these Terms or your use of any information obtained from the Site.
16.Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with California law except for its conflicts of laws principles. All claims arising out of or relating to these terms or the Services must be litigated exclusively in the federal or state courts of California, and both parties consent to venue and personal jurisdiction there.
17.Waiver and Severability
No waiver of these Terms by Plan+Elevate shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Plan+Elevate to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Plan+Elevate will reimburse the cost of your video course purchase to your original form of payment in the event you are not satisfied with your experience. The money-back guarantee reimbursement will only apply if claimed within the first fourteen (14) days of purchase. Limit one per user.
You may not assign any of your rights in these Terms, and any such attempt is void, but Plan+Elevate may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Plan+Elevate and you are not legal partners or agents; instead, our relationship is that of independent contractors.
21.Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: firstname.lastname@example.org.