PLANEPHD.COM TERMS OF USE

INTRODUCTION

Welcome to our site, PlanePhd.com. Access to and use of this site is provided by BFW Enterprises, LLC (“BFW”). Please review the following basic rules that govern your use of this website. These terms and conditions (“Terms of Use” or “Agreement”) govern your access to and use of this website as well as any mobile sites, mobile applications, and any products or services offered by BFW Enterprises, LLC. Additional terms and conditions applicable to certain parts of the Site or to certain transactions may also be posted in the relevant areas of the site and are hereby incorporated as part of these Terms of Use.

By accessing and/or using this website and any products, services or applications made available by BFW, you agree to be legally bound by these Terms. You represent that you have read and understood these Terms which represent a legally binding contract between you and BFW. If you do not agree to be bound by these Terms, please do not use the website.


BFW reserves the right to change the terms of this Agreement or to change, modify or otherwise alter any features of this website at any time and for any purpose without notice. Please visit this page regularly and review this Agreement for the current terms of this Agreement since your continued access or use of the website will be deemed as an irrevocable acceptance of any such changes.


Any references to "we”, “our”, “the website”, “products” or “services” refers to BFW and/or the PlanePhd.com website. Any references to “you”, your”, or “User” refers to anyone accessing this website or using our services.


This Agreement incorporates the PlanePhd Privacy Policy which can be found here.



USE OF THIS SITE

By using this site and accepting the Terms, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. BFW does not knowingly collect personal information about children under the age of 13 without prior parental consent. Children under the age of 13 may not use this Site other than for browsing, and parents or legal guardians may not agree to these Terms on their behalf. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including any financial charges and legal liability that he or she may incur.

All User information provided to BFW must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms.

All materials, including images, text, charts, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of BFW and protected by U.S. and international copyright laws. The reproduction, modification, distribution, transmission, republication, display, or performance, of any of the Contents on this Site is strictly prohibited.

On the condition that you comply with all your obligations under these Terms of Use, we grant you a limited, revocable, nonexclusive, nonassignable, non-sublicenseable license and right to access the Site through a generally available web browser or mobile device to view content and information and otherwise use the Site consistent with its functionality and in accordance with these Terms of Use. Any other use of the Site is strictly prohibited and a violation of these Terms.



ACCOUNT REGISTRATION AND USER ACCOUNTS


In order to use certain features of the website, you must register with the site by creating a User Account. To do this, you must provide us with certain information, including but not limited to, your First and Last Name, E-mail Address, and select a Password. You agree to not let anyone else use your user account. When creating your account on the website, you represent that all information given is accurate and complete. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may not have more than one PlanePhD account. You must notify us immediately of any breach of security or unauthorized use of your account. BFW will not be liable for any losses caused by any unauthorized use of your account.


BFW reserves the right to suspend or terminate your user account and your access to the site and Services without any notice if you violate any of the Terms governing your use of the site and our Services.





THIRD PARTY SITES AND SERVICES

References on this Site to any names, marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply BFW’s endorsement, sponsorship or recommendation of the third party, its information, products or services. BFW is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk.



SITE SECURITY

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. BFW will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from BFW on this Site and other than generally available third party web browsers.





INTELLECTUAL PROPERTY

The website and services and all materials contained therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and user content, and all Intellectual Property Rights related thereto, are the exclusive property of BFW and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under, any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the website.


Except as expressly provided elsewhere by this website, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this website, except that you may access and display material and all other content displayed on this website for non-commercial, personal, entertainment use on a single computer only. Without limiting the generality of the foregoing, you may not distribute any part of this website over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Except as expressly provided elsewhere by this website, any authorization to copy material granted by BFW in any part of this website for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, is subject to your keeping intact all copyright and other proprietary notices, and use of any material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.




DMCA NOTICE

The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by BFW infringe upon your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A):


(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow BFW to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send BFW a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices should be sent in writing to customer.service@planephd.com, Subject: Copyright Notice. Please be aware that there are penalties for false claims under the DMCA.


INDEMNIFICATION

You agree to indemnify and hold harmless BFW and its principals, shareholder, agents, officers, directors, consultants, subsidiaries, licensors, and employees from any and all claims, damages, obligations, payments, deficiencies, fines, judgments, settlements, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney's fees) arising from or relating to: (I) any third-party claim, suit, action or proceeding arising out of the breach of BFW’s representations and warranties contained herein; (ii) your use and access to any of BFW services, including any data or content transmitted or received by you; (iii) your violation of any term of this Agreement; or (iv) your violation of any third-party right, including without any limitation, any rights of privacy or intellectual property rights.


DISCLAIMER OF WARRANTIES

THIS SITE IS PROVIDED BY BFW ON AN "AS IS" AND "AS AVAILABLE" BASIS. BFW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BFW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, BFW DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE PLANEPHD.COM WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL BFW OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE PLANEPHD.COM WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BFW HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BFW BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

GOVERNING LAW

These Terms shall be governed by and construed under the laws of the state of Connecticut without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms or your use of this Site must be brought in the state or federal courts of Connecticut, Fairfield County, and you consent to the exclusive personal jurisdiction of such courts.

TERMINATION

These Terms of Use will remain effective until terminated by either BFW or you. You may terminate this Agreement at any time by ending your use of the site and any use of our products or services. BFW may terminate these Terms at any time at their discretion for any reason.

GENERAL

These Terms represent the complete agreement between the parties and supersede all prior agreements and representations between them.

Headings used in these Terms are for reference purposes only and in no way define or limit the scope of the section.

If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms shall remain in full force and effect.

The failure of BFW to act with respect to a breach of these Terms does not constitute a waiver and shall not limit BFW’s rights with respect to such breach or any subsequent breaches.

NOTICES

BFW may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by BFW in its sole discretion. BFW reserves the right to determine the form and means of providing notifications to users of our website. BFW is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.


Under California Civil Code Section 1789.3, California users of the website receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.


CONTACT


Any inquiries about your rights under these Terms, or any other matters regarding your privacy, can be directed to 24 Narrow Rocks Rd, Westport CT 06880.


Last Modified on September 28, 2017.