Terms & Conditions - T&B Planning, Inc.

Effective Date: December 4, 2020

Thank you for visiting tbplanning.com (Website). Your privacy is important to us. T&B Planning (we, us, or our) operates the Website.

Use of the Website, its content and services, including, but not limited to, the provision of information, documents, commentary, photographs, any user requested e-mail notifications or newsletters, and links to third party websites is governed by the Terms and Conditions stated herein and the Privacy Policy which is incorporated by reference herein (collectively, the Terms), and is based on your adherence to and acceptance of such Terms. Any user of the Website and/or services, including any and all visitors to the Website, agree to be bound by these Terms by your use of the Website and/or services. Please read these Terms carefully before using the Website or the services. You expressly acknowledge that you have been advised of these Terms upon entering the Website and have had access to the same. If you do not agree to these Terms, then you are not authorized to continue use of the Website or the services.

You must be at least 18 years of age to use this Website.

By using this Website you:

1. Warrant and represent that you are at least [18] years of age;
2. Agree that the exclusions and limitations of liability set out in the Terms and Conditions are reasonable;
3. Accept these Terms and Conditions.

If you do not accept the Terms and Conditions described on this page, please discontinue using this site immediately.

License to Use Website

Unless otherwise stated, T&B Planning and/or its licensors own the intellectual property rights in the Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from this Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You may not:

- Republish material from this Website (including republication on another Website);
- Sell, rent or sub-license material from the Website;
- Reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose;
- Edit or otherwise modify any material on the Website; or
- Redistribute material from this Website

You may not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You may not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You may not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without T&B Planning’s express written consent.

You may not use this Website to transmit or send unsolicited commercial communications.

You may not use this Website for any purposes related to marketing without T&B Planning’s express written consent.

No Warranties

Although we make every effort to ensure the information presented on the Website and through the use of the services is truthful and accurate, the Website and the services are provided on an “as is” and with all faults basis. T&B Planning makes no representations or warranties of any kind, express or implied, as to the operation, content, accuracy, sufficiency or completeness of the Website, its content, the services, or any other website to which the Website provides a link. To the fullest extent permitted by law, T&B Planning disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, which are hereby expressly waived.

Without prejudice to the generality of the foregoing paragraph, T&B Planning does not warrant that:

- this Website will be constantly available, or available at all; or
- the information on this Website is complete, true, accurate or non-misleading.

Nothing on this Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.

Limitations of Liability

T&B Planning will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:

To the extent that the Website is provided free-of-charge, for any direct loss;
For any indirect, special or consequential loss; or
For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if T&B Planning has been expressly advised of the potential loss.

Exceptions

Nothing in this Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Website disclaimer will exclude or limit T&B Planning liability in respect of any:

Death or personal injury caused by T&B Planning negligence;
Fraud or fraudulent misrepresentation on the part of T&B Planning; or
Matter which it would be illegal or unlawful for T&B Planning to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Restricted Access

Access to certain areas of this Website is restricted. T&B Planning reserves the right to restrict access to areas of this Website, or indeed this entire Website, at T&B Planning’s discretion.

If T&B Planning provides you with a user ID and password to enable you to access restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential.

T&B Planning may disable your user ID and password at our sole discretion without notice or explanation.

User Content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose.

You grant T&B Planning a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to T&B Planning the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or T&B Planning or a third party (in each case under any applicable law).

You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

T&B Planning reserves the right to edit or remove any material submitted to this Website, or stored on our servers, or hosted or published upon this Website.

Notwithstanding T&B Planning’s rights under these terms and conditions in relation to user content, T&B Planning does not undertake to monitor the submission of such content to, or the publication of such content on, this Website.

Other Parties

You agree that you will not bring any claim personally against T&B Planning’s officers or employees in respect of any losses you suffer in connection with the Website.

You agree that the limitations of warranties and liability set out in this Website disclaimer will protect T&B Planning officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.

Unenforceable Provisions

If any provision of this Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Website disclaimer.

Indemnity

You hereby indemnify T&B Planning against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by T&B Planning to a third party in settlement of a claim or dispute arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Privacy

T&B Planning’s Privacy Policy will apply to all personal information collected in connection with your use of the Website or the services. Our Privacy Policy can be found and accessed on the home page of the Website.

Governing Law

The Website and the services are created, controlled and provided by T&B Planning in the United States of America. We are based in the State of California. As such, the construction and performance of these Terms will be governed by the internal, substantive laws of the State of California without regard to its choice of law rules. You and we each hereby irrevocably consent and submit to the exclusive jurisdiction of the state and federal courts located in Orange County, California in any legal action, equitable suit or other proceeding arising out of or related to these Terms. You and we further consent to personal jurisdiction of the courts mentioned above over each of you and us, respectively, which may be effected by service of process sent by registered or certified mail addressed to such party at (in the case of T&B Planning) the address set forth in these Terms, and (in the case of you) at any address you may have provided on the Website. You and we each hereby irrevocably waive any right you or we may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this section, and you and we hereby irrevocably waive and agree not to plead or claim in any such proceeding, that such action or proceeding brought in accordance with this section has been brought in an inconvenient forum.

Assignment

T&B Planning may transfer, sub-contract or otherwise deal with T&B Planning’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These terms and conditions constitute the entire agreement between you and T&B Planning in relation to your use of this Website, and supersede all previous agreements in respect of your use of this Website.

Changes to these Terms

We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.

Information Collection and Storage

We collect information from you when you register on our site, subscribe to our newsletter or fill out a form. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, title, employer identification, e-mail address, mailing address or phone number. You may, however, visit our site anonymously. If you contact us directly via phone or email, you may also provide us with personal information that we collect.

How to Contact Us for Information

If we need to contact you, we will do so by any available method, including by e-mail sent to the e-mail address provided by you. You must notify us if you change your e-mail address or other contact information.

If You wish to contact Us for any further information, please send an e-mail to tbpostmaster@tbplanning.com.