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Effective From: July 19, 2020
Terms and Conditions
Last updated: July 19, 2020
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.holistiplan.com website, the services, or content (individually or collectively the "Service") operated by Holistiplan LLC ("us", "we", "our", or “Holistiplan”).
By accepting the Terms, or accessing or using the Service you agree to be bound by these Terms and if you are part of a firm, you agree your firm is to be bound by these Terms. These Terms apply to all visitors, trial users and other users who wish to access or use the Service. You may not use the Service if you are not a United States resident and at least 18 years of age or older. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access or use the Service.
No Tax or Financial Advice
YOU ACKNOWLEDGE AND AGREE THAT HOLISTIPLAN IS NOT AN FINANCIAL BROKER OR TAX ADVISOR, AND THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HOLISTIPLAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, NOR ANY INFORMATION OBTAINED THROUGH THE SERVICE, WILL OR SHALL CONSTITUTE FINANCIAL OR TAX ADVICE. WHILE THE SERVICE MAY PROVIDE SIGNIFICANT ASSISTANCE IN HELPING MAKE FINANCIAL DECISIONS, AND REGARDLESS OF HOW ANY INFORMATION OR MATERIAL IS DESCRIBED AT THE TIME IT IS PROVIDED TO YOU, SUCH INFORMATION OR MATERIAL IS PROVIDED TO YOU SOLELY AS A CONVENIENCE AND FOR INFORMATIONAL PURPOSES. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ALL FINANCIAL ADVICE MADE BY YOU FOR YOURSELF OR FOR ANY THIRD-PARTY CLIENT, WHETHER MADE AS A RESULT OF OR WHILE USING THE SERVICE OR OTHERWISE. HOLISTIPLAN SHALL NOT BE RESPONSIBLE AND SHALL NOT BE LIABLE FOR ANY FINANCIAL OR TAX ADVICE MADE BY YOU FOR ANY FINANCIAL, TAXATION OR OTHER MATTER, OR FOR THE INACCURACY OR LACK OF COMPLETENESS OF THE DATA OR INFORMATION A THIRD PARTY OR CLIENT PROVIDED TO YOU, REGARDLESS OF WHETHER YOU RELIED OR NOT ON SUCH ADVICE, NOR SHALL HOLISTIPLAN BE RESPONSIBLE AND HELD LIABLE FOR ANY ADVICE GIVEN OR RECOMMENDATIONS MADE BY YOU OR FOR THE INACCURACY OR LACK OF COMPLETENESS OF THE DATA OR INFORMATION PROVIDED TO YOU, WHETHER YOU RELIED OR NOT ON SUCH ADVICE. HOLISTIPLAN AND CONTENT PROVIDERS SHALL NOT BE CONSIDERED AN “EXPERT” UNDER THE SECURITIES ACT OF 1933 OR ANY OTHER APPLICABLE LAW. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Authorization to Analyze and Retain Financial Information
Holistiplan acts as your or your client’s authorized agent to scan financial information from financial documents, including tax documents, in order to provide the Service. Holistiplan scans such documents and retains all such information into one easy-to-use financial platform that displays your or your client’s financial information. Your use of the Service acknowledges your consent to scan and retain such financial information and is a representation that you have the consent and authorization from your client to have Holistiplan scan and retain your client’s financial information.
Client Consent and Approval
You confirm and represent to Holistiplan that you have entered into a separate agreement with your client granting you the right and ability to have their financial information, including tax documents, scanned by Holistiplan and to have such information stored and analyzed by Holistiplan. You shall not attempt to order or use the Service on behalf of a client unless the client has entered provided you with such consent.
1. When you register, it is a condition of your use the Service that you provide Holistiplan current, complete and accurate registration information. You must keep this information, updated during the Subscription Term.
2. Holistiplan reserves the right, in its sole discretion, to refuse any registration without any reason, obligation, and liability to you or to any other party.
3. You may not have more than one active Holistiplan account without approval from Holistiplan.
4. You agree to immediately notify Holistiplan of any unauthorized use of your Holistiplan Account.
5. Upon completion of the registration process, you will have created a password for access to the Service.
a) You agree (i) not to access and use the Service by any means other than through your Holistiplan Account, password and interface provided by Holistiplan for accessing the same; and (ii) to keep in strict confidence and not share with any non-authorized third party the non-transferable account information, login-in ID and password provided to you by Holistiplan or that you may have created.
b) You agree that you are solely responsible for (a) keeping your access credentials safe and secure; (b) preventing unauthorized access to those access credentials; (c) keeping your Holistiplan Account information confidential; (d) maintaining appropriate anti-virus and anti-malware software on your computer and devices; and (e) complying with all third party credential requirements when accessing and using third party products and services.
c) Any communications received through your email were sent or authorized by you. If your credentials or your third-party credentials are compromised for any reason, you must change your password, and you must contact Holistiplan or the third-party supplier if you become aware of any unauthorized access to your account.
d) You agree that Holistiplan and its suppliers are not responsible for the security of your credentials or your third-party credentials.
e) Holistiplan and its respective suppliers have no liability for any loss, claim, or other damages that result from unreported, unauthorized use of such credentials.
Some parts of the Service are billed on a subscription basis ("Subscription"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew in accordance with these Terms unless you cancel it or Holistiplan cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Holistiplan customer support team at email@example.com.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Holistiplan with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Holistiplan to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Holistiplan will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Holistiplan LLC may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Holistiplan until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Holistiplan reserves the right to (i) modify the terms and
conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Holistiplan, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current
Holistiplan will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for a Subscription may be considered by Holistiplan on a case-by-case basis and if granted such grant is based on the sole determination and discretion of Holistiplan.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
The Service and its original content, features and functionality are and will remain the exclusive property of Holistiplan and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any other product or service without the prior written consent of Holistiplan. You acknowledge and agree that all rights, title, and interest in and to the Service and any features, updates, and upgrades to the Services based on your feedback are owned by and shall remain the exclusive property of Holistiplan and its suppliers, except for the limited license rights granted to you in these Terms. Holistiplan has the exclusive right to apply for or register any patents, copyrights, trademarks, and any other intellectual property rights protections with respect thereto. Nothing in this Agreement shall, or shall be deemed to, transfer or assign, any right, title or interest in or to any of Holistiplan’s intellectual property rights related to the Service. All goodwill arising out of any use of the Holistiplan trademarks by you, if any, shall inure solely to the benefit of Holistiplan.
1. Subject to these Terms and your compliance with these Terms, and in consideration of the payment of the subscription fee, Holistiplan hereby grants to you, during your Subscription term, a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service to support your permitted use of the Services.
2. Except for the licenses granted herein, Holistiplan grants to you no express or implied license or other right under any patent, copyright, trademark, know-how or other intellectual property rights. Holistiplan reserves all rights not expressly granted.
1. You agree not to (and not to allow any third party to):
a) use the Service for any reason or manner, other than as permitted under these Terms;
b) lease, license, sublicense, rent, distribute, sell, or resell the right to use or access the Service or any part thereof;
c) allow your license or the output generated from this license to be used by any other party to provide services to clients, unless that other party has a license from Holistiplan to use the Service;
d) infringe or misappropriate any intellectual property right, contract or tort right of any person or third party;
e) use any device, software or routine to interfere with or disrupt the proper functioning of the Service, our website, or any part thereof;
f) engage in any unacceptable or unlawful use of the Service including to (i) attempt to gain unauthorized access to the Service; (ii) create a false identity or to otherwise attempt to mislead us or any person on the identity or origin of any account or communication; (iii) harvest, collect, otherwise handle or permit others to do the same, without obtaining the proper consents in breach of any privacy or any other applicable laws;
g) reproduce, duplicate, republish, copy, reformat, display, reverse engineer, reverse assemble, in any form or by any means any part of the Service, including the layout or look-and-feel of our website, any materials retrieved therefrom and the underlying HTML code, except where such restriction is expressly prohibited by law;
h) modify, translate, or create derivative works based on the Service;
i) obfuscate, remove or alter any of the proprietary notices or legends or other notices or markings on or in any of the Service;
j) store Holistplan’s materials in any storage and retrieval system without the prior written permission from Holistiplan; or
k) interfere with or damage the Service, including, without limitation, disseminate, store or transmit viruses, trojan horses or any other malicious code or program.
2. Holistiplan has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Holistiplan may access, preserve and disclose any of your information if Holistiplan is required to do so by law, or if Holistiplan believes in good faith that it is reasonably necessary to (i) respond to claims asserted against Holistiplan, or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer Holistiplan agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Holistiplan, its users, or members of the public.
3. You acknowledge and agree that Holistiplan has no obligation to monitor your access to or use of the Service, but has the right to do so for the purpose of operating and improving the Service (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms.
1. Holistiplan is committed to helping you safeguard your privacy online.
Account Information from Third Party Sites
You may direct Hositiplan to retrieve your information maintained online by third parties with which you have a customer or end-user relationship (“Account Information”). This Section only applies if you provide Holistiplan with your account credentials to access your account, retrieve such Account Information, and process such Account Information on your behalf. Holistiplan does not review the Account Information for accuracy, legality or non-infringement. Holistiplan is not responsible for the Account Information, products, or services offered by or available on these third-party sites. By providing us your account credentials and access to your Account Information, you expressly authorize Holistiplan to access your Account Information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us.
Holistiplan cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions with such third sites. Holistiplan cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, Holitiplan may retrieve data from your customer relationship manager (“CRM”) account to update or augment your CRM data for your use in your customer acquisition and support efforts. However, Account Information is only as fresh as the time accessed by Holistiplan, which reflects when the information is obtained from such third-party sites. You are responsible for updating access information to any such third-party sites.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Holistiplan.
Holistiplan has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Holistiplan shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Effects of Termination
1. Upon termination or expiration of your account, for any reason, all licenses granted by Holistiplan will immediately cease.
2. Upon termination or expiration, you will lose access to the Service including your Holistiplan Account, data, files and other information stored by Holistiplan or on its behalf. Upon such termination, Holistiplan retains the right, in its sole discretion:
a) to provide you access to, and the ability to export your content for a commercially reasonable period of time at Holistiplan’s then-current rates for the related services;
b) to the extent legally permissible, Holistiplan may elect, in its sole discretion, to permanently delete from its database all files, content and other material or information associated with your account without notice to you; you hereby agrees to such deletion and agree that Holistiplan shall have no obligation and liability whatsoever to you and any other party for such deletion under these Terms;
c) without limiting the foregoing, Holistiplan may keep your material or information as required by law or pursuant to any order from a court.
3. Upon request, you will return or destroy, and you shall cause to be returned or destroyed all confidential information provided by Holistiplan, its representatives, or agents to you. Holistiplan may ask you to provide written certification of the destruction.
4. The expiration or termination of your account or these Terms will not relieve you of your obligations to pay any accrued subscription fees and/or charges (which shall be due upon the date of such expiration or termination) and will not affect any of Holistiplan’s claims arising prior to such expiration or termination.
5. Your sole remedy for Holistiplan’s breach of these Terms shall be the termination of your account and these Terms.
You agree to indemnify, defend and hold harmless Holistiplan, its members, managers, shareholders, directors, officers, employees, agents, representatives, suppliers, contractors, information providers, and successors and assigns from and against any action, suit, proceeding, cause, claim, damage, debt, cost, demand or liability (including, without limitation, legal fees and expenses), asserted by any third party, arising directly or indirectly out of or relating to, your use of the Service, your violation of these Terms, your infringement of any intellectual property rights, or violation by any user of your Holistiplan account or any claim from your client (collectively, the foregoing is referred to as a “Claim”). At the request of Holistiplan after any such Claim, you shall, at your sole expense defend, with counsel acceptable to Holistiplan, any Claim arising out of the foregoing; provided, that Holistiplan reserves the right, at your expense, to assume the exclusive defense and control of any such Claim. No compromise or settlement of any Claim may be committed to by you or other users without Holistiplan’s prior written consent. Holistiplan shall have the right to participate at any time in the defense, compromise and/or settlement of any proceedings with the counsel of its choosing.
Limitation of Liability
IN NO EVENT SHALL HOLISTIPLAN, NOR ITS DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THE TOTAL LIABILITY OF HOLISTIPLAN FOR ANY CLAIM (INCLUDING ANY CLAIMS (AS DEFINED ABOVE), ACTION, DEMAND OR OTHER PROCEEDING, INCLUDING BUT NOT LIMITED TO ALL DAMAGES, LOSSES, LIABILITIES, JUDGMENTS, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING THEREFROM, BROUGHT BY ANY PARTY, INCLUDING, BUT NOT LIMITED TO, YOU AND ANY OTHER USERS OR YOUR CLIENTS AGAINST HOLISTIPLAN RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT OR TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SAME, SHALL BE LIMITED TO ONE HUNDRED US DOLLARS ($100).
1. WITHOUT LIMITING THE ABOVE, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU SHALL BE SOLELY RESPONSIBLE AND LIABLE FOR (I) THE BREACH OF ANY OF YOUR REPRESENTATIONS AND WARRANTIES MADE UNDER THESE TERMS; (II) ANY USE OR MISUSE OF ANY ACCOUNT BY YOU OR ANY OTHER USERS; (III) THE DISCLOSURE OF YOUR PASSWORD AND ANY ACCOUNT INFORMATION OR OTHER INFORMATION, AND ALL ACTIVITIES THAT OCCUR UNDER SUCH PASSWORD OR ACCOUNT; (IV) ANY TRANSACTION OR AGREEMENT ENTERED INTO AS A RESULT OF THE USE OF THE SERVICE; (VI) THE SECURITY, PRIVACY, STORAGE, OR TRANSMISSION OF OTHER COMMUNICATIONS INVOLVING THE USE OF THE SERVICE OR ANY PART THEREOF.
2. THE SERVICE MAY BE AVAILABLE THROUGH THE INTERNET AND/OR NETWORK ACCESS AND MAY REQUIRE SOFTWARE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THESE REQUIREMENTS, INCLUDING ANY APPLICABLE CHANGES, UPDATES, AND FEES AS WELL AS THE TERMS OF YOUR AGREEMENT WITH YOUR TELECOMMUNICATIONS PROVIDER. HOLISTIPLAN MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (I) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (II) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (III) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICE.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Holistiplan its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. The Service may be unavailable during system maintenance, for security precautions or when interrupted by circumstances beyond Holistiplan’s or its suppliers’ control. You agree that any downloads of content or materials related to the services, or the site is done at your own risk, and you are solely responsible for any damage to your computer/system or loss of data that results from the download of or access to any such materials. Some jurisdictions do not allow the exclusion of certain warranties; accordingly, some of the above limitations may not apply to you.
1. You acknowledge and agree that,
a) you bear responsibility for any financial research and advisement you provide or any decisions or recommendations you provide to any party, including, without limitation, your clients;
b) Holistiplan is not responsible for and shall not be held liable for any advice given or recommendations made by you with respect to any financial, insurance, tax, planning or other matter, regardless of whether you relied on the Service;
c) Holistiplan is not responsible for any acts, errors, or omissions by you, or for the accuracy of the information provided by you or any third party.
d) the Service is not sponsored or endorsed by, or affiliated with, any third parties, including any financial institution that holds an account you may choose to link to the Service.
2. Without limiting the above disclaimers and exclusion of warranty, Holistiplan, and its suppliers and agents further declare that none of the foregoing assume any responsibility for errors or omissions made by you or any of your representatives, and/or your clients, and are not liable or responsible in any way for any content posted to Holistiplan’s website.
3. Holistiplan is not obligated to review account information for any purpose, including accuracy, legality, or non-infringement.
You represent and warrant that,
1. you are a resident of the United States, and
2. you are a legal owner of, or you are authorized to provide us and our third-party service provider with, all Account Information, and have the right to grant the permissions set forth herein, and, that
3. Holistiplan’s third party service providers’ exercise of their rights set forth herein will not violate any applicable laws or third-party rights.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and assigns, but you shall not assign, by operation of law or otherwise, all or any portion of its rights under these Terms without the prior written consent of Holistiplan. Your acquisition by way of the transfer of shares or assets or otherwise by a third party shall be deemed an assignment for the purposes of this Section. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Holistiplan (i) via email (in each case to the address that you provide) or (ii) by posting on our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
1. Any sections that under their terms or by implication ought to survive will survive termination of these Terms.
2. If any provision of these Terms or the application of such provision to any person, circumstance or jurisdiction shall be held invalid, the remainder of these Terms and the application of such provision to persons, circumstances or jurisdictions other than those to which such provision is held invalid shall not be affected thereby. If any provision in these Terms is determined to be unenforceable because of its scope, duration, geographical area or other factor, then the parties intend that the court making such determination will construe such provision to limit such scope, duration, area or other factor so as to make such provision enforceable, and then to enforce such provision as so construed.
3. The titles to the subdivisions of these Terms are solely for the convenience of the parties and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of these Terms.
4. You agree that no joint venture, partnership, or employment relationship exists between you and Holistiplan as a result of the Service.
5. You acknowledge and agree that Holistiplan and you are each an independent individual or legal entity, as the case may be (each “entity”, collectively “entities”), and neither entity nor their employees will be considered an employee of the other entity for any purpose, including but not limited to employee benefits, unemployment taxes, and income tax withholding at the source. Nothing in these Terms shall create an expressed or implied partnership, agency, joint venture, employment or other association between these entities, and allow either entity to make any warranties, representations or to create any obligation on behalf of the other entity.
6. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Service within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
7. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the intent of the original provision and these Terms shall continue in effect.
8. The failure of Holistiplan to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Holistiplan.
9. Except as expressly outlined in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
10. These Terms shall not be construed against a party because these Terms were prepared by or at the request of such party or such party’s counsel. The parties acknowledge that: (a) each party had the opportunity to retain counsel in respect of the negotiation of these Terms and each party had the opportunity to read and evaluate these Terms, and each party did or did not so retain counsel and read and evaluate these Terms to the extent as each thought most advantageous to themselves, and (b) neither party was in any way whatsoever relying on another party for guidance, advice or insight into the terms, meaning, effect, advantages or disadvantages hereof. No ambiguity shall be construed in favor of or against any one of the parties.
These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.