The Self Directed Plans Sites, located at www.selfdirectedplans.com, and mobile applications are owned and operated by Self Directed Plans, LLC and its subsidiaries and affiliates (collectively “Self Directed Plans,” “we,” “us,” “our”). Your use of our Sites, mobile applications and any of our services, including the purchase of products or services made available through the Sites or our mobile applications (collectively referred to as the “Sites”) is subject to your agreement to the terms of use set forth herein (the “Terms”) and the completion of any applicable registration requirements.
By accessing, registering to access, or otherwise using any part of the Sites you agree to be bound by these Terms, and your use shall be deemed to be your (and if acting on behalf of a third party or entity, such third party’s or entity’s) agreement to abide by these Terms (references in these terms and conditions to “you” include you and any such third party or entity).
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THE SITES OR USE OUR SERVICES.
Self Directed Plans is free to revise these Terms at any time by updating this posting. The last date of change to these Terms appears at the top of this page. Your use of the Sites after such change signifies your acceptance of the changed terms. Please check these Terms periodically for changes. Questions concerning the Sites or their operation should be directed to the contact points set forth at the end of these Terms.
You acknowledge and understand that the Sites may require utilization of your mobile device and its service, data access, or text messaging capabilities. You are responsible for any data charges incurred by your wireless carrier through use of the Sites.
1. SITES ACCESS
This Sites is intended for use by adults in the United States. You agree to monitor your account and restrict use by minors.
You must be at least 13 years of age to use the Sites. If you are under 13, do not use the Sites or provide any information on the Sites.
You may not use the Sites if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the government of the country where you are accessing this Sites. You are responsible for compliance with all U.S. and other export restrictions that may apply to your use of the Sites.
2. ACCEPTABLE USE OF THE SITES
Your permitted use of the Sites and Information (as defined in Section 3. “Intellectual Property Rights of these Terms”) is limited to non-commercial use. You are not granted any rights in or to the Sites, any services, or any Information provided on or through the Sites, other than the limited, non-transferrable right to use (as applicable) the Sites in accordance with these Terms and the policies and procedures that Self Directed Plans may adopt and make available on the Sites from time to time.
Your permitted use of the Sites is limited to the standard functionality of a website or mobile application, as applicable. In no event may the Sites be used in a manner that:
- Is unlawful, fraudulent or deceptive
- Encourages conduct that would constitute a criminal offense or that gives rise to civil liability
- Abuses, harasses, stalks, threatens, defames, impersonates, or otherwise infringes or violates the rights of any third party (including, without limitation, the rights of publicity or other proprietary rights)
- Attempts to gain unauthorized access to Self Directed Plans systems, user accounts, login credentials, or user personal information
- Attempts to access information using technology or other means not authorized by Self Directed Plans
- Attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment
- Attempts to damage, disable, or overburden Self Directed Plans servers or networks
- Fails to comply with applicable third-party terms (e.g., wireless carrier terms of service).
Self Directed Plans reserves the right to bring legal action against you if you use the Sites in a manner that violates these Terms. Any failure or delay by Self Directed Plans in taking such actions does not constitute a waiver of our rights to enforce these Terms.
3. INTELLECTUAL PROPERTY RIGHTS
The Sites contains information proprietary to Self Directed Plans, its business partners, and their collective customers (the “Information”) including but not limited to:
- The Sites’s look and feel, content, embodied know-how, ideas, concepts, images, designs, and videos
- Information and data related to Self Directed Plans, its business partners, and their collective customers or end users.
You acknowledge that this Information may be treated as confidential by Self Directed Plans, its business partners, and their collective customers, and agree to take all reasonable measures to protect the confidentiality of the Information. The Sites and its entire contents, features, and functionality (including but not limited to all information, software, code, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Self Directed Plans, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms do not grant you any ownership interest in the Sites or any other rights thereto other than to use the Sites in accordance with, and subject to all terms, conditions, and restrictions set forth in these Terms.
You agree not to:
- Reproduce, duplicate, retransmit, copy, publicly display, sell, resell, rent, lease, lend, sublicense, distribute, publish, transfer, make available to third parties, or use the Sites or Information for business or commercial purposes without the prior written consent of Self Directed Plans in each instance
- Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Sites or any part thereof
- Alter or remove any consent or other proprietary notice or legend on the Sites or any of the Information
- Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Sites.
Any use of the Sites not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other U.S. and international laws.
4. TRADEMARKS
All rights regarding any trademarks, trade names, logos, service marks, or trade dress (collectively, “Marks”) contained in, or used in connection with, the Sites and Self Directed Plans products are expressly reserved by Self Directed Plans and its licensors. The Marks, and all associated logos or images, are registered or common law trademarks of Self Directed Plans and its licensors, and are protected by United States and international laws and treaties. No license with respect to the use of the Marks is granted to you under these Terms or by virtue of your use of the Sites. The Marks may not be copied, imitated or used, in whole or in part, without the prior written consent of Self Directed Plans or the applicable rights holder.
5. TEXT MESSAGE SERVICES
You may elect to receive text messages from us. When you sign up to receive text messages, we will send you information about promotional offers and more. For more information about text messages, see our Privacy Policy.
6. USER ACCOUNTS
When you create an account with Self Directed Plans, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account on this Sites.
You are responsible for safeguarding the password that you use to access this Sites and for any activities or actions under your password, whether your password is with this Sites or a third-party social media service.
You agree not to disclose your password to any third party. 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, or a name that is otherwise offensive, vulgar or obscene.
7. "AS IS" AND "AS AVAILABLE" DISCLAIMER
The Sites are provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Self Directed Plans, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to this Sites, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing, Self Directed Plans provides no warranty or undertaking, and makes no representation of any kind that this Sites will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Neither Self Directed Plans nor any of the company's providers makes any representation or warranty of any kind, express or implied:
- As to the operation or availability of this Sites, or the information, content, and materials or products included thereon
- That this Sites will be uninterrupted or error-free
- As to the accuracy, reliability, or currency of any information or content provided through this Sites
- That this Sites, its servers, the content, or e-mails sent from or on behalf of Self Directed Plans are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Sites for any reconstruction of any lost data.
UNLESS THE SITES EXPLICITLY AND EXPRESSLY STATES OTHERWISE, TO THE FULLEST EXTENT PROVIDED BY LAW, SELF DIRECTED PLANS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OR DOWNLOADING OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITES LINKED TO IT.
TO THE FULLEST EXTENT PROVIDED BY LAW, SELF DIRECTED PLANS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
8. LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SELF DIRECTED PLANS, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THIS SITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM SELF DIRECTED PLANS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SELF DIRECTED PLANS'S RECORDS, PROGRAMS OR SERVICES.
THE FOREGOING LIMITATION OF LIABILITY PROVISIONS SHALL NOT APPLY TO THE EXTENT THAT ANY CLAIMS, DAMAGES, COSTS OR EXPENSES ARE THE RESULT OF GROSS NEGLIGENCE, FRAUD, WILLFUL INJURY OR WILLFUL VIOLATION OF LAW ON THE PART OF SELF DIRECTED PLANS.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SITES AND SERVICES IS TO STOP USING THE SITES AND SERVICES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
9. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Self Directed Plans, its affiliates, licensors, and service providers and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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 violation of these Terms, any other agreement you have entered into with Self Directed Plans, and any representation or warranty contained herein or therein
- Your use of the Sites, including, but not limited to, your use of information obtained from the Sites, your connection to the Sites, and any activity related to access to or use of your account by you or any other person
- Your violation of any third party right, including without limitation any intellectual property or privacy rights
- Your activities in connection with obtaining any products or services from us
- Your violation of applicable law.
Self Directed Plans reserves the right, in its discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Self Directed Plans in asserting any available defenses, and you will reimburse Self Directed Plans for all costs incurred in its assumption of the defense.
10. COPYRIGHT (DIGITAL MILLENNIUM COPYRIGHT ACT)
Self Directed Plans does not knowingly violate or permit others to violate the copyright rights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
If you are requesting removal of content because of a violation of your copyright rights, please note that the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe that your work, or the work of a third party for whom you are authorized to act, is featured on the Sites or has been otherwise copied and made available on the Sites in a manner that constitutes copyright infringement, please notify us immediately.
In accordance with the DMCA, your notice must be in writing and must include:
- an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest
- a description of the copyrighted work that you claim has been infringed or, if the claim involves multiple works on the Sites, a representative list of such works
- a description of where the material that you claim is infringing is located on the Sites (including the URL, title or item number if applicable, or other identifying characteristics) so that we are able to locate it
- your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner
- a written statement by you that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Your statement must be addressed as follows:
Copyright Agent
Self Directed Plans, LLC
720 Seneca St., Suite 107, Seattle, WA 98101
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
Please be aware that if you knowingly materially misrepresent that material or activity on the Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
We have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
11. LINKS TO OTHER WEBSITESS
The Sites may contain links to third-party websites or services that are not owned or controlled by Self Directed Plans.
Self Directed Plans has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Self Directed Plans 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 the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
12. GOVERNING LAW AND VENUE
These Terms shall be subject to, governed by and construed under the laws of the State of Washington in the United States of America, without regard to conflict of law principles. The Sites are operated from the State of Washington and is intended to be accessed only by persons in the United States. Access to, or use of, the Sites or information, materials, products, or services on the Sites may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing the Sites.
You hereby consent and waive all objections to the exclusive jurisdiction of the appropriate state or federal court in Chelan County in the State of Washington and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of the Sites, products, and services. However, Self Directed Plans retains the right to bring legal proceedings in any jurisdiction where we believe that a violation of these Terms is taking place or originating from.
13. NO WAIVER
The remedies set forth in these Terms are cumulative and not exclusive, unless expressly stated otherwise. Failure or delay by Self Directed Plans to enforce any provision of these Terms will not be deemed a waiver of future enforcement of that or any other provision.
14. SEVERABILITY
If any provision of these Terms of Use is held to be unenforceable or invalid under any applicable statute or rule of law, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions
15. CONTACT US
If you have any questions about these Terms of Use, you can contact us:
- By email: legal@selfdirectedplans.com
- By mail: 720 Seneca St., Suite 107, Seattle, WA 98101