Financial Planning Toolkit Terms of Use
The following terms and conditions (the "Terms of Use") govern your use of Financial Planning Toolkit (the "Website") and the use of all information, software, function, graphics, artwork, and any other online content, materials and resources available at http://finance.toolkit.com (the "Content"). By accessing this Website, you agree to the following Terms of Use. If you do not agree to these Terms of Use, do not access this Website. Toolkit Media Group reserves the right to change these Terms of Use, and your continued use of this Website constitutes agreement to all such changes. You are responsible to view these Terms of Use regularly. Toolkit Media Group may make improvements, updates or changes to this Website and the FPT Online Services and Materials (defined below) at any time without notice to you. In addition, the Financial Planning Toolkit Privacy Policy is hereby incorporated by reference in its entirety into these Terms of Use.
You are granted a nonexclusive, nontransferable, personal, revocable, limited license (the "License") to access and use for your internal use only the Content; news stories; charts, tables, graphs, downloads, and/or software included in the Planning Tools section; and calculators in the Financial Calculators section (collectively, "FPT Online Services and Materials") as from time to time made available to you. This License does not cover any use by you of the foregoing materials for the providing or offering of any product or services to others. This License is not to be used to provide information processing services, time-sharing, or service bureau-type services to any third party. Toolkit Media Group may terminate this License at any time for any reason. This License terminates automatically, without notice to you, if you breach any of these Terms of Use. Except as specifically authorized in these Terms of Use, you may not modify, print, copy, distribute, re-distribute, transmit, display, store, reproduce, publish, license, sell, create derivative works from, transfer, broadcast in any media, post or frame, or redistribute in any way this Website or the FPT Online Services and Materials unless expressly authorized by these Terms of Use, the express provisions on this Website, a separate written agreement signed by you and Toolkit Media Group, or applicable law.
All right, title and interest (including all copyright rights and other intellectual property rights) in this Website and the FPT Online Services and Materials (in both print and machine-readable forms) and any derivative works based thereon belong to the Toolkit Media Group. You acquire no proprietary interest in the FPT Online Services or Materials, or copies or derivative works thereof.
You agree to use this Website and the FPT Online Services and Materials only for your internal and informational purposes or as specifically authorized in these Terms of Use and elsewhere on this Website. Use for any other purpose is prohibited. You may not use this Website or the FPT Online Services and Materials retrieved from the Financial Planning Toolkit in and to any fashion that infringes copyright or proprietary interests therein, including any patent, trade secret, trademark, or similar intellectual property right. Toolkit Media Group may seek any available legal remedy or take any reasonable business steps to prevent the unauthorized use of, or access to, this Website, and to prevent access to users who violate these Terms of Use. Toolkit Media Group's remedies include the right to seek both contractual and equitable relief. You may not reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website and the FPT Online Services and Materials. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, or other automatic device or manual process to monitor or copy the Website or the FPT Online Services and Materials without Toolkit Media Group's prior written permission. You may not copy, download, perform, modify, edit, alter, enhance, reproduce, republish, distribute, re-distribute, display or transmit all or any portion of the Website or the FPT Online Services and Materials in any manner, except to the extent expressly permitted by these Terms of Use. You may not use or otherwise export or re-export the Website or any portion thereof, the FPT Online Services and Materials or any software available on or through the Website in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Website and the FPT Online Services and Materials is prohibited and constitutes a default under these Terms of Use.
You may not remove or obscure the copyright notice or other notices contained in any FPT Online Services and Materials.
THIS WEBSITE AND THE FPT ONLINE SERVICES AND MATERIALS ARE NOT INTENDED TO PROVIDE AND DO NOT CONSTITUTE LEGAL, ACCOUNTING OR OTHER PROFESSIONAL ADVICE AND SHOULD NOT BE RELIED UPON OR CONSIDERED AS SUCH. TOOLKIT MEDIA GROUP IS NOT A LAW FIRM AND IS NOT ENGAGED IN RENDERING PROFESSIONAL SERVICES, AND NEITHER TOOLKIT MEDIA GROUP NOR ANY OF ITS EMPLOYEES PROVIDE LEGAL OR PROFESSIONAL SERVICES OR ADVICE AND SHOULD NOT BE RELIED UPON AS SUCH. BEFORE USING OR ACTING UPON ANY FPT ONLINE SERVICES AND MATERIALS, YOU ARE STRONGLY ADVISED TO SEEK THE ADVICE OF YOUR ATTORNEY, ACCOUNTANT OR OTHER APPROPRIATE PROFESSIONAL TO DETERMINE: (1) IF THE FPT ONLINE SERVICES AND MATERIALS APPLY TO YOUR PARTICULAR CIRCUMSTANCES, AND (2) THE SUFFICIENCY OF THE FPT ONLINE SERVICES AND MATERIALS FOR YOUR UNIQUE LEGAL OR OTHER NEEDS. TOOLKIT MEDIA GROUP, ITS OFFICERS, EMPLOYEES AND AGENTS ARE NOT AUTHORIZED TO PRACTICE LAW ON YOUR BEHALF OR TO PROVIDE YOU WITH PROFESSIONAL ADVICE. ACCORDINGLY AND WITHOUT LIMITATION, NO ATTORNEY/CLIENT OR OTHER PROFESSIONAL OR ADVISORY RELATIONSHIP IS CREATED BY THE PROVISION OF SERVICES OR INFORMATION IN CONNECTION WITH THIS WEBSITE AND THE FPT ONLINE SERVICES AND MATERIALS. THE FPT ONLINE SERVICES AND MEDIA AND OTHER CONTENTS AND PRODUCTS AND SERVICES OF THIS WEBSITE ARE NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY OR OTHER PROFESSIONAL. IF LEGAL ADVICE OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICES OF A COMPETENT AND LICENSED PROFESSIONAL SHOULD BE SOUGHT.
Disclaimer of Warranty
The FPT Online Services and Materials are provided "as is" without warranty of any kind. Further, the Toolkit Media Group does not warrant, guarantee, or make any representations regarding the use, or the results of the use, of the FPT Online Services and Materials in terms of correctness, completeness, accuracy, reliability, or otherwise. You assume the entire risk as to the results and performance obtained from the FPT Online Services and Materials and reliance thereon.
TOOLKIT MEDIA GROUP ASSUMES NO RESPONSIBILITY FOR AND HEREBY DISCLAIMS ALL WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH REGARD TO THIS WEBSITE OR THE FPT ONLINE SERVICES AND MATERIALS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND OF FITNESS FOR A PARTICULAR PURPOSE. TOOLKIT MEDIA GROUP IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, RESULTS, OR DAMAGES THAT MAY OCCUR FROM THE USE OF THIS WEBSITE OR THE FPT ONLINE SERVICES AND MATERIALS. TOOLKIT MEDIA GROUP DOES NOT WARRANT THAT (I) THE OPERATION OF THE Website OR THE FPT ONLINE SERVICES AND MATERIALS WILL BE ERROR-FREE OR UNINTERRUPTED; (II) DEFECTS WILL BE CORRECTED; (III) THIS WEBSITE AND THE FPT ONLINE SERVICES AND MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THIS WEBSITE OR THE FPT ONLINE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS. TOOLKIT MEDIA GROUP MAKES NO REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE OR THE FPT ONLINE SERVICES AND MATERIALS, THAT THE RESULTS THAT MAY BE OBTAINED FROM SUCH USE WILL BE RELIABLE, OR THAT THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS. ANY MATERIALS AND/OR OTHER DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS Website IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL OR DATA. Some states do not allow the exclusion of implied warranties, so portions of the above may not apply to you. This warranty gives you specific legal rights, and you, as licensee, may have other rights that vary from state to state.
Limitation of Liability
Neither Toolkit Media Group nor any of its officers, directors, employees, agents or affiliates, shall be liable to you, or to any third party for any indirect, special, consequential, punitive, exemplary, or incidental damages (including, without limitation, damages for loss of business profits, goodwill, business interruption, loss of business information or data, and the like) arising out of or in connection with the use of or inability to use this Website or the FPT Online Services and Materials, regardless of the form of claim, even if Toolkit Media Group has been advised of the possibility of such damages. In no event shall any claim exceed the amount of any purchase giving rise to such claim.
No Insurance or Liability Coverage
Neither Toolkit Media Group nor any of its officers, directors, employees, agents or affiliates provides insurance or any other liability coverage with respect to the information provided to us or as a result of our services.
Annual Subscription
While content, tool and calculator descriptions on the Website can be reviewed for free, users must subscribe to access and utilize most of the FPT Online Services and Materials. Users may obtain an annual subscription to Financial Planning Toolkit by: (1) Purchasing a subscription directly on the Financial Planning Toolkit Website (click here) or (2) Becoming a Premium Member of Financial Planning Toolkit's sister-site, Business Owner's Toolkit, and selecting Financial Planning Toolkit as one of the three benefits of membership. (Click here to learn about Business Owner's Toolkit Premium Membership.)
When you subscribe to Financial Planning Toolkit or become a Premium Member of Business Owner's Toolkit, you will be asked to provide personally identifiable information, such as your name, address, phone, email address, and credit card number as well as to select a password for accessing Financial Planning Toolkit. You will pay the first year's subscription or membership fee at the time you register.
Your subscription or membership will be automatically renewed. You will receive an e-mail from us before the end of your current subscription or membership term stating that your term is up for renewal and that we will charge the credit card on file for your subscription or membership. You must contact customer service at 866-981-2677, by e-mail at customerservice@toolkit.com, or via live chat from within the Toolkit Store to cancel your subscription or membership or to change the credit card to which your subscription or membership renewal will be charged.
In addition to this Terms of Use, users who choose to become Premium Members of Business Owner's Toolkit will also be subject to the Toolkit.com Website Terms of Use.
Subscription Cancellation
You may cancel your Financial Planning Toolkit subscription at any time by contacting customer service at 866-981-2677, by e-mail at customerservice@toolkit.com, or via live chat from within the Toolkit Store. Refunds on Financial Planning Toolkit subscription fees will not be offered after the first thirty-days of your subscription.
Registration and Passwords
You agree to provide true, accurate, complete and current information about yourself when registering for or providing information to Financial Planning Toolkit and to update the information as needed to keep it true, accurate, complete and current. You acknowledge that we reserve the right to refuse to grant you a username that is already in use, may be illegal, may be protected by trademark or other proprietary interest, is obscene or profane or otherwise determined by us, in its sole discretion, to be inappropriate. You agree to be responsible for all acts and omissions that occur in connection with your password. It is your responsibility to maintain the confidentiality of the password and you are responsible for all activities that occur under your user name and password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. We are not and will not be responsible for any loss or damage resulting from your failure to protect your username and password.
Registration data and certain other information about you are subject to Financial Planning Toolkit's Privacy Policy.
Trademarks
This Website may include various trademarks, service marks, product names, business names, logos, slogans, and other indicia in which Toolkit Media Group has a registered trademark interest or other protectable interest (collectively "Toolkit Media Group Marks"). It may also includes trademarks, service marks, product names, business names, logos, slogans, and other indicia in which others have a protectable interest (collectively "Other Marks"). You may not in any way use any Toolkit Media Group Marks or Other Marks on this Website without the prior express written permission of Toolkit Media Group or the respective owners.
General
These Terms of Use will be governed and construed under the laws of the State of Delaware, U.S.A., without regard to its choice of law provisions. You agree that any action at law or in equity arising out of or relating to this Website or the FPT Online Services and Materials, including these Terms of Use, will be filed only in the state or federal courts located in Delaware. You consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
If any term or provision of these Terms of Use is held to be invalid, void or unenforceable by a court or arbitrator of competent jurisdiction, the remainder of these Terms of Use will not be affected, impaired or invalidated and each remaining term or provision will be valid and enforceable to the fullest extent permitted by law.
The failure by Toolkit Media Group or any of its parents, subsidiaries, or affiliates to enforce at any time any provision of the Terms of Use shall not be construed to be a waiver of such provision nor in any way to affect the validity of the Terms of Use or any part hereof or the right of Toolkit Media Group or any of its parents, subsidiaries, or affiliates to enforce each and every provision. No waiver of any breach of these Terms of Use shall be held to constitute a waiver of any other or subsequent breach.
Toolkit Media Group reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. You acknowledge that Toolkit Media Group will have the right to report to law enforcement authorities any action that may be considered illegal, as well as any reports it receives of such conduct. When requested, Toolkit Media Group will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity.
Toolkit Media Group reserves the right to seek all remedies at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to this Website and its features.
