Acceptance of Website Terms and Conditions of Use

These website terms and conditions of use (the “Terms and Conditions”) for YourMoneyYourPlan.ca constitute a legal agreement and are entered into by and between you and Your Money Your Plan (“Your Money Your Plan”, “we”, “us”, “our”) a registered sole proprietorship. The following Terms and Conditions govern your access to and use of, including any content, functionality, and services offered on or through YourMoneyYourPlan.ca (the “Website”).

BY USING THE WEBSITE OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT [Tina C to Insert link to Privacy Policy here], INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

By using this Website, you represent and warrant that you are the legal age of majority under applicable laws to form a binding contract with Your Money Your Plan and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Modifications to the Terms and Conditions and to the Website

We reserve the right, in our sole and absolute discretion, to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to, and continued use of, the Website. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use of the Website shall be your acceptance of these.

The information and material on this Website, and the Website, may be changed, withdrawn or terminated at any time in our sole discretion without notice, subject to any applicable licence agreement between us and you or your employer. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.

Payment and Cancellation

You may purchase your subscription to the Program (the “Paid Subscription”) directly from Your Money Your Plan by payment of a lump sum giving you access to the service for a specific time period. Payment is required before you can access the Program. Your Paid Subscription will automatically terminate at the end of the period stated upon subscription. We reserve the right to change the price for future Paid Subscriptions from time to time.

We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time in accordance with these Terms and Conditions. If you or your employer has entered into a licence agreement with us, we may only modify, terminate or otherwise amend your licence in accordance with the terms of said licence agreement.

Your Use of the Website, Account Set-Up and Security

We endeavor to make the Website accessible 24 hours per day, 7 days per week; however the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and beyond our control, access to the Website may be interrupted, suspended or terminated from time to time.

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a user’s internet connection are aware of these Terms and Conditions and comply with them. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information through or on the Website is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. Your provision of personal information for the purpose of subscribing to the Website constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at Privacy Policy.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

We reserve the right to, at any time, and from time to time, disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole and absolute discretion, including any violation of any provision of these Terms and Conditions.

You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.

Intellectual Property Rights and Ownership

You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Your Money Your Plan, its licencors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The name “Your Money Your Plan”, the Your Money Your Plan logo, and all related names, logos, product and services names, designs, images and slogans, including but not limited to “Retirement is the longest vacation you will ever take; start planning for it now.”, are trademarks of Your Money Your Plan or its affiliates or licensors. You must not use such marks without our prior written permission. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized by Your Money Your Plan in writing, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:

  • your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
  • a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and
  • one single user copy may be downloaded with any proprietary notices intact, for your own personal non-commercial use, conditional on your agreement to be bound by our end user licence agreement for such downloads.

You are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website. You shall not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print off, copy or download any part of our Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by Your Money Your Plan. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other applicable laws.

Conditions of Use

As a condition of your access and use of the Website, you agree that you may do so only for your lawful, personal use and, at all times, in accordance with these Terms and Conditions.

Without limiting the foregoing, you hereby represent and warrant and agree that your use of the Website shall not:

  • in any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy found at Privacy Policy; and
  • in any manner violate the terms of use of any third-party website that is linked to the Website, including but not limited to, any third-party social media website.

No Reliance

The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our Website.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date. Your use of the Website is at your own risk and Your Money Your Plan has no responsibility or liability whatsoever for your use of this Website.

Privacy

By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission and disclosure of any such user content submissions in compliance with our Privacy Policy, found at Privacy Policy, as we deem necessary for use of the Website.

By using this Website, you are consenting to the use of cookies which allow a server to recall previous requests or registrations and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately. For more information on this automated information gathering practices, see [[Tina C to Insert link to Privacy Policy cookies provisions here].

Disclaimer

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, RESULTS (FINANCIAL OR OTHERWISE) OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED BY YOUR MONEY YOUR PLAN TO THE FULLEST EXTENT PERMITTED BY LAW. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER YOUR MONEY YOUR PLAN, NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS, AS APPLICABLE, MAKE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER YOUR MONEY YOUR PLAN NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS, AS APPLICABLE, REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

NEITHER YOUR MONEY YOUR PLAN, NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS, AS APPLICABLE, MAKE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO FAVOURABLE OR POSITIVE FINANCIAL OUTCOMES RESULTING FROM YOUR USE OF THE WEBSITE AND YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE PROVIDES INFORMATION ONLY AND YOUR MONEY YOUR PLAN, THROUGH THE WEBSITE OR OTHERWISE, PROVIDES NO FINANCIAL INVESTMENT RECOMMENDATIONS, ADVICE, GUARANTEED FINANCIAL RESULTS OR OUTCOMES WHATSOEVER. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT THE IMPLEMENTATION OF A FINANCIAL MANAGEMENT PLAN INVOLVES MANY RISKS AND UNKNOWNS, INCLUDING BUT NOT LIMITED TO, THE RISK OF FINANCIAL LOSS. THE CONTENTS OF THE WEBSITE DO NOT CONSTITUTE PROFESSIONAL ADVICE OF ANY KIND, INCLUDING BUT NOT LIMITED TO INSURANCE, LEGAL, TAX, INVESTMENT OR ACCOUNTING ADVICE AND SHOULD NOT BE USED AS A SUBSTITUTE FOR ANY SUCH PROFESSIONAL ADVICE.  

Limitation on Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL YOUR MONEY YOUR PLAN NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS, AS APPLICABLE, BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Your Money Your Plan, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns, as applicable, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, any use of the Website’s content and programs other than as expressly authorized in these Terms and Conditions or in the terms of a licence agreement entered into with us.

Governing Law and Jurisdiction

The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence or physical location.

Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Waiver

No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Assignment

Your Money Your Plan may, at any time or times and in its sole discretion, assign or transfer the Website or any of its content to an affiliated person. In such event, all references to Your Money Your Plan herein shall be construed as references to such affiliated assignee or transferee. For the purpose of this provision, “affiliated person” means any person controlled by, controlling or under common control with Your Money Your Plan.

Severability

If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

The Terms and Conditions, our Privacy Policy and any licence agreement, as applicable, constitute the sole and entire agreement between you and Your Money Your Plan regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Notices

This Website is operated by Your Money Your Plan. All notices, feedback, comments, requests for technical support, and other communications should be sent to info@yourmoneyyourplan.ca.  Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to Your Money Your Plan at this e-mail address immediately.

DATE: February, 2020.