Pitch Plan Pro™ Terms and Conditions (aka Legal Stuff)

Last updated on 25 February 2016

Welcome to Pitch Plan Pro™. We provide products and services to you when you order them at pitchplanpro.com or call us by telephone. The use of our website at pitchplanpro.com and all of our products and services are provided subject to these Terms and Conditions.

By using our website or ordering products or services from us, you agree to be bound by these Terms and Conditions. Please read them carefully. If you do not agree with anything whatsoever in these Terms and Conditions, your sole and exclusive remedy is to stop using our website and to not order any products or services from us.

Use of our website and products and services

You may access and use our website and the content of the products and services we provide to you in accordance with these Terms and Conditions, but not for any other use prohibited by these Terms and Conditions.

By accessing our website or ordering products or services from us, you warrant and represent to us that you are legally entitled to do so.

About our products and services

Our products and services include generating lists of target investors and other information and advice regarding raising startup capital. All information, content, materials, products and other services included on our website or otherwise delivered to you by us via mail, email and/or in report format are referred to herein as the “Information.”

The Information contains statements and figures that have been obtained from sources we believe are reliable, but we have no guarantee as to their reliability. While we work hard to ensure the Information is of high quality, we do not guarantee its accuracy or completeness. Furthermore, we do not guarantee the Information is exactly what you want or need. The Information may become out of date or no longer be relevant. There may be delays, omissions, or inaccuracies in the Information. Pitch Plan Pro assumes no obligation to update the Information.

Refunds

If you are disappointed in any of our products or services, we would like to hear from you and have an opportunity to make things right. In some situations, entirely at our discretion, we may make a partial or full refund of the amount paid by a customer. Other times, we will not provide any refund. We want to be entirely fair, although that does not mean doing whatever anyone wants. Most of the work we do and value we provide to our customers is done early in the relationship. When hearing any such request, we also consider the fact that we communicate upfront clearly and deliver our products and services with the good faith intention that they will be very helpful and of great value to our customers. If you feel you are entitled to a refund, please contact us at support@pitchplanpro.com.

Limitations on use

When you purchase products or services from us, we grant to you the limited right to download, store and print the Information. Other than use that constitutes “fair use” according to United States copyright law, you agree not to reproduce, republish, transmit, or distribute any portion of the Information. You further agree not to (a) sell, rent, lease, loan, transfer, sublicense or otherwise make available or permit access to the Information to any third party; (b) violate the security of our website or attempt to gain unauthorized access to our website, content or computer systems or networks connection to any server associated with Pitch Plan Pro through hacking, password mining or any other method; (c) use the Information in any manner that infringes or violates the rights of Pitch Plan Pro or any third party; and (d) use our website or the Information in any manner that is unlawful or harms Pitch Plan Pro, its service providers, vendors or any other user or customer.

Disclaimers / Limitations of liability

NEITHER PITCH PLAN PRO NOR ANY OF ITS EMPLOYEES, OFFICERS, OWNERS, CONTRACTORS, ADVISORS OR ANY OF ITS AND THEIR AFFILIATES SHALL HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR THE ACCURACY, COMPLETENESS, TIMELINESS, OR CORRECT SEQUENCING OF THE INFORMATION OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION. FURTHERMORE, NONE OF US MAKES ANY REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION.

ALL INFORMATION IS PROVIDED TO YOU ON AN “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE INFORMATION AT YOUR SOLE RISK.

THE INFORMATION IS PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES. IT IS NOT INTENDED TO BE LEGAL, ACCOUNTING, INVESTMENT OR FINANCIAL ADVICE AND YOU SHOULD NOT RELY UPON IT IN THAT WAY. IF YOU ARE FACING A QUESTION OR SITUATION THAT CALLS FOR PROFESSIONAL ADVICE, ENGAGE THE SERVICES OF A PROFESSIONAL WHO IS PAID TO APPLY THEIR PROFESSIONAL KNOWLEDGE TO YOUR EXACT CIRCUMSTANCES.

PITCH PLAN PRO DOES NOT WARRANT THAT THE INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OUR WEBSITE OR OTHERWISE MADE AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF WE WERE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PITCH PLAN PRO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE INFORMATION, USE OF OUR WEBSITE AND ACCEPTANCE AND USE OF OUR PRODUCTS AND SERVICES GENERALLY. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN THAT CASE, YOU MIGHT HAVE ADDITIONAL RIGHTS.

TO THE EXTENT THE FOREGOING LIMITATIONS OF LIABILITY AND EXCLUSIONS ARE PROHIBITED OR FAIL IN THEIR ESSENTIAL PURPOSE, PITCH PLAN PRO’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO THE ACTUAL DIRECT DAMAGES INCURRED BY YOU IN RELIANCE UPON PRODUCTS AND SERVICES FOR WHICH PAID US UP TO AN AGGREGATE TOTAL OF $150. THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY.

Privacy

If you have questions or concerns about your personally identifiable information, review the Pitch Plan Pro Privacy Policy.

Electronic communications

When you send e-mails, text messages, and other communications from your desktop or mobile device to us, including submitting information through an online form on our website, you are communicating with us electronically. These methods of communication are not highly secure, so please be cautious about sending important and sensitive information in this manner.

You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on our website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All Information, as well as all other content included on our website or otherwise made available to you by us, such as graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Pitch Plan Pro. The Information and all aforementioned content is the exclusive property of Pitch Plan Pro and is protected by United States and international copyright laws.

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email us at support@pitchplanpro.com

Trademarks

Pitch Plan Pro™ and Warm Connections Database™ are trademarks of Pitch Plan Pro. Additionally, graphics, logos, page headers, button icons, scripts, and service names included in or made available through our website, products and services are trademarks or trade dress of Pitch Plan Pro. Our trademarks and trade dress may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pitch Plan Pro. Nothing contained on this website grants to you any license or right to use any trademark or trade dress without our prior written permission.

License and Access

Subject to your compliance with these Terms and Conditions and your payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal use of the Information. This license does not include any resale or commercial use of the Information or any other content whatsoever.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Pitch Plan Pro without our express written consent. Additionally, we do not allow you to use any meta tags or any other “hidden text” utilizing Pitch Plan Pro’s name or trademarks without our express written consent.

You may use our website and the Information only as permitted by law. The licenses granted by us will terminate if you do not comply with these Terms and Conditions.

All rights not expressly granted to you in these Terms and Conditions are reserved and retained by Pitch Plan Pro.

Your account

If you create an account on our website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

If you are under the age of 18, you may purchase products and services from us only with the involvement of a parent or legal guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at any time for any reason.
No offer of securities or related services

Pitch Plan Pro is not an intermediary, broker/dealer, investment advisor or exchange and does not provide those types of services. Pitch Plan Pro does not serve as an agent for any venture capital firm, angel investor or other investor.

Nothing on this website or in the Information or our products and services is a solicitation or offer to invest in any securities.

Third party links

We may provide links from our website to the websites of third parties. These links are provided for your convenience, but they are beyond our control, and no representation is made as to the content, privacy and security of third party websites. We do not endorse any third party websites or content. Your use or reliance on any external links and the content thereon provided is at your own risk.

Unlawful activity

Pitch Plan Pro reserves the right to investigate complaints or reported violations of these Terms and Conditions 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. If we deem it necessary or advisable, we may disclose to them information relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
Remedies for violations

Pitch Plan Pro reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including, but not limited to, the right to block access from a particular internet address to our website.
Force majeure

Pitch Plan Pro will not be held liable for any delays or failure in our performance that are the result of any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Indemnification

You agree to indemnify, defend and hold Pitch Plan Pro, its officers, directors, employees, agents, licensors, suppliers and any other third party that provides information or services to us harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions.

Applicable Law

Any dispute or claim relating in any way to your relationship with Pitch Plan Pro, including, but not limited to, your use of the Information and purchase of products and services from us shall be governed by the laws of the State of Texas, without regard to its conflict of laws principles.

Disputes

Prior to initiating any dispute or litigation, you agree to attend nonbinding mediation with us. The mediation will be conducted in Austin, Texas by a sole mediator mutually selected by you and Pitch Plan Pro. We will split the cost of the mediator, although we will each be responsible for our own respective other costs, including attorney’s fees, preparation fees, and travel costs.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court as a result of it not being resolved through mediation, you waive any right to a jury trial.

We both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights without first attending mediation.
Changes to these Terms and Conditions

We reserve the right to change these Terms and Conditions at any time. Updated versions of these Terms and Conditions will be posted in the Terms and Conditions section of our website. Any changes will be effective immediately when we post them. Your continued use of our website or purchasing additional products or services constitutes your binding acceptance of all changes. Please check these Terms and Conditions each time before you access our website or order products or services from us to determine whether a change has been made to these Terms and Conditions.

If you do not agree to any changes in these Terms and Conditions, please do not use our website and do not order any products or services from us.

General

If any part of these Terms and Conditions is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions will continue in effect.

Pitch Plan Pro may assign these Terms and Conditions, in whole or in part, at any time with or without notice to you. However, you may not assign these Terms and Conditions or assign, transfer or sublicense any rights we grant to you.

Any failure by you or Pitch Plan Pro to act with respect to a breach by the other does not constitute a waiver of our rights to act with respect to subsequent or similar breaches.

Unless you later sign a written agreement with Pitch Plan Pro, these Terms and Conditions constitute the entire agreement between you and Pitch Plan Pro with respect to our website, the Information and our products and services generally. These Terms and Conditions supersede all prior or contemporaneous communications of any kind between you and Pitch Plan Pro with respect to our website, the Information and our products and services generally. If you later sign a written agreement with us, these Terms and Conditions will still apply unless the written agreement clearly states otherwise or there is a conflict between that written agreement and these Terms and Conditions. In the case of a conflict, the written agreement will control.

For more information
For more information regarding these Terms and Conditions, please contact Pitch Plan Pro:

By mail:
Pitch Plan Pro
2407 South Congress Avenue

Suite E-131
Austin, TX 78704

By e-mail:
support@pitchplanpro.com