terms & conditions

Terms of Service, Privacy Policy and Notice of Engagement for WriteYourPlan.com®


WriteYourPlan.com LLC (“WYP” or the “Company”) offers resources that facilitate business

planning, subject to these Terms of Service and incorporated Privacy Policy and incorporated Notice of Engagement

(collectively, “TOS” or “Terms”).

WYP’s TOS applies to any person or entity in the United States (i.e., “Users” or “you”) viewing

the materials available on the writeyourplan.com website or other sites, funnels, social media, and all written, recorded and other property

owned and operated by WYP (“website” or “Site”).

We are not initially offering our resources to users outside of the United States.

Users who view the website(s), whether or not they create and access a WYP account or purchase

access to specialized materials, confirm their agreement to these TOS. We recommend that you

review the TOS frequently, with the understanding that WYP may update the TOS from time to

time. Please send questions or comments regarding these TOS via hello@writeyourplan.com.


Intellectual Property Rights in the Website Materials

Copyright, Trademark and other relevant intellectual property rights apply to all content available

via the Site, whether held by WYP or third parties who may permit WYP to. incorporate certain

materials.

WYP’s brand name and logo, as well as related branding elements, whether registered or

unregistered, are owned by WYP and are protected through application of U.S. Trademark Law.

Redistribution, republication or imitation of any materials available on the Site, or any graphic, or

conceptual element of WYP’s branding, including aesthetic ‘look and feel’ elements, is prohibited

without our express written consent.


Rights and Responsibilities when Using the Site

WYP reserves all rights in the educational materials on the Site, except for limited rights that it

grants to authorized users, as governed by the TOS.

Authorization to view the materials on the Site must be secured on a subscription basis requiring

compliance with payment terms currently applied by WYP. Users are expected to review the

website carefully, and to contact us via hello@writeyourplan.com with any related questions prior

to purchasing access to educational materials, as WYP does not generally issue refunds to users

for any reason. From time to time certain users may be authorized at WYP’s discretion to use WYP

course materials for a limited time, without payment, on a discretionary trial basis, but WYP

accepts no obligation to provide free access.

You agree not to use or allow others to use the website in a manner that violates applicable law,

regulations, institutional policies or these TOS.


You agree that you will not provide access to unauthorized entities or individuals who are not

specifically designated in the account authorization provided by WYP.

You also agree to refrain from modifying, reverse engineering, copying, reselling or otherwise

disseminating any portion of the materials on our website without specific authorization from

WYP.


Warranties

While we are continually working to assure that our educational materials provide value to our

users, we do not promise that any outcome will result from using these materials. And due to the

imperfect nature of computer hardware, networks and the Internet, we do not promise flawless

viewing of our materials.


ALL MATERIAL, FUNCTIONALITY AND INFORMATION COMPRISING THE WYP

WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER

EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED

WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL WYP BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT

OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN

CONNECTION WITH THE USE OF THE MATERIALS, AND ON ANY THEORY OF

LIABILITY.


UNDER NO CIRCUMSTANCES WILL WYP BE RESPONSIBLE FOR DAMAGE, LOSS OR

INJURY RESULTING FROM ANY FAILURE OF A USER’S SYSTEM SECURITY, AND/OR

UNAUTHORIZED USE OF ANY WYP ACCOUNT BY ANY THIRD PARTY.

USER AGREES THAT IN NO EVENT ABSENT AN EXPLICITLY SUPERCEDING

EXTERNAL AGREEMENT TO THE CONTRARY SHALL ANY LIABILITY OF WYP (OR

ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD-PARTY PROVIDERS)

EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES PAID FOR THE YEAR PRIOR

TO THE MAKING OF A CLAIM. ANY USERS’ SOLE AND EXCLUSIVE REMEDY FOR

DISSATISFACTION WITH THE WYP MATERIALS IS TO TERMINATE ITS

SUBSCRIPTION AND DISCONTINUE USE OF THE WEBSITE.


Privacy and Confidentiality

You are responsible for maintaining the confidentiality of any WYP account you initiate or

maintain, and for restricting related access to your computers and/or mobile devices. You agree to

accept responsibility for all activities that occur in relation to accounts or passwords under your

control. WYP reserves the right to refuse service, limit service or terminate any account, in its sole

discretion.

WYP utilizes encryption and authentication technology and related best practices to protect data

entered and accessed via the Site. Personally, identifiable information regarding participant is

encrypted, fully confidential and at no time is accessed by WYP staff without explicit permission

from the Customer or for internal purposes of quality control or technical support, or when required

or permitted by law, such as during an emergency or disaster recovery or under local legal authority.

Users have the right to view records pertaining to their own accounts and privacy interests, or to

request termination of accounts and deletion of related data, upon a verifiable communication via

hello@writeyourplan.com or via physical mail sent receipt-return to our Registered Office.

WYP will generally refrain from selling, licensing or otherwise providing personal or institutional

information to any third party. The sole exceptions to this policy are 1) where we are explicitly

authorized to share specific information and such dissemination is otherwise lawful; 2) where we

are required to do so in response to lawful requests by public authorities for legitimate law

enforcement and/or national security purposes.

We will refrain from knowingly using your contact information to send you unsolicited

communications. Any emails or other notifications will only be sent to you by WYP in connection

with providing materials or information you requested.


Log Files

WYP reserves the right to use Internet Protocol addresses, i.e., “IP addresses” to analyze trends,

administer the website, maintain its tools and features, track user activities, improve services and

gather broad demographic information for aggregate use. IP addresses are not linked to personally

identifiable information. Additionally, for systems administration, detecting usage patterns and

troubleshooting purposes, our web servers may log certain non-personal access information

including browser type, access times and requested or referred URLs. This information is not

shared with third parties and is disclosed within WYP only to the extent it is necessary for

operations and maintenance purposes. No individually identifiable information related to this data

will be used in any other way unless we obtain your explicit written permission.


Cookies

WYP may use cookies or similar tracking technologies to enable the retrieval of user details or

otherwise to enhance functionality and ease of use for each visit to the WYP website.


External Resources

WYP from time to time may (but is not obligated to) provide users with information offered by

outside organizations. While WYP is selective in associating with these entities, we do not

monitor, review or endorse their offerings, content or practices. WYP is not responsible for the

privacy and security practices of any entity that can be linked to from our website. Users should

always review relevant Terms and Conditions, privacy statements and community policies of these

external entities before disclosing any personal information.

WYP will not accept responsibility for any loss or damage in whatever manner, howsoever caused,

resulting from your disclosure of information to third parties. WYP will not accept liability for any

interactions with such outside organizations.


Indemnification

You, the user, agree to indemnify and hold harmless WYP, its contractors, and its licensors, and

their respective directors, officers, employees and agents from and against any and all claims and

expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to

your violation of these Terms and Conditions.


Legal Venue and Dispute Resolution

By visiting WYP's website and utilizing the materials available therein, you agree that the laws of

the state of Michigan, USA, without regard to principles of conflict of laws, will generally govern

these terms and conditions and any dispute that might arise between you and WYP. You further

agree that prior to either of us seeking resolution of a dispute in any court of law, we will first

attempt to resolve the matter cost effectively through 1) informal discussion and negotiation;

and/or 2) retaining a mutually acceptable provider of mediation services for up to three hours of

mediation sessions. Otherwise, where these more informal measures are not effective, the parties

may seek traditional legal and equitable remedies. In situations where WYP is required to seek an

injunction or restraining order, or where a customer has not met payment obligations to WYP, we

may seek legal remedies without prior negotiation or mediation.


Miscellaneous

If any of these terms are deemed invalid or unenforceable for any reason, then the invalid or

unenforceable provision will be severed from these Terms and the remaining Terms will continue

to apply with full legal force. Failure of WYP to enforce any of the provisions set out in these

Terms, or failure to limit or terminate any customer or user’s access for any length of time, shall

not be construed as a waiver of such provisions and shall not affect the validity of these Terms, or

the right thereafter to enforce each and every provision. These Terms shall not be amended,

modified, varied or supplemented in the absence of written notification by WYP.


Notification of Changes

WYP reserves the right to change these Terms of Service and the incorporated Privacy Policy from

time to time as it sees fit, and your continued use of the website will signify your acceptance of

any adjustment to these terms. You are advised to regularly review our Terms and, if applicable,

any accompanying memorandum or communication directed to Customers and Users.

Please direct inquiries or concerns regarding these Terms of Service, including the incorporated

privacy terms, to hello@writeyourplan.com.



Notice of Engagement

Thank you for the opportunity and privilege of assisting you in connection with the matters described below. This notice confirms your engagement of business consultant T.Rose Malone (i.e., “Consultant”), doing business as WriteYourPlan.com®, a Florida Limited Liability Company.


Scope of Representation

You, the Client, hereby retain the Consultant to assist you with business planning for your contemplated business enterprise. Services may include one (1) online “Write It In A Weekend Business Plan Workshop” meeting at up to six (6) hours each, on a schedule to be agreed upon by the Consultant and Client; pre-recorded online Masterclass Workshops; additional videos, trainings, recordings, photographs, templates, outlines, worksheets, workbooks, PDF files, and other IP provided by Consultant and that is the property of WriteYourPlan.com® which may be licensed to Client for Client’s use only. Client may not share Consultant’s IP with any other party without prior written consent of the Consultant and WriteYourPlan.com® or affiliates. Client may engage Consultant for additional services including “Business Plan Review” consisting of three (3) written comments on Client’s business plan document within the six (6) weeks of engagement; “We Write Your Plan” including three (3) reviews of Consultant’s product by Client; or other services as agreed upon between Consultant and Client.


Fee Arrangements and Payment

Client agrees to pay Consultant in full for all services prior to services being rendered unless other arrangements have been made in writing. Client agrees that there are no refunds.


Costs and Expenses

In addition to fees for services provided by the Consultant, Client will pay all out-of-pocket expenses and disbursements incurred by us in connection with this matter, so long as Client has the opportunity to approve such expenses in advance.


Client's Responsibilities

Consultant knows that the Client realizes the importance of full cooperation with Consultant in handling these matters to enable Consultant to provide quality and cost-effective business consultation services. This includes providing us with all records, documents and background information as may be relevant and necessary for us to carry out this engagement, and timely paying our billing statements.


Termination

In the unlikely event of noncompliance with the requirements outlined in this Notice, Consultant may immediately terminate Client’s engagement and decline to provide further services. Otherwise, if Consultant wishes to terminate this engagement for any other reason, Consultant will provide at least seven (7) days’ written notice.


Client may terminate this agreement and the Consultant’s services at any time, for any reason. Following any termination, Client is responsible to pay for all services performed and costs incurred prior to termination, as provided for in this Notice. There are no refunds.


Consultant’s Responsibilities

No business consultant can guarantee specific results or outcomes in connection with any engagement. Nor can the Consultant provide advice that is more appropriately provided by lawyers, accountants or other licensed professionals. In any event, Consultant will strive to provide Client with conscientious quality services. Consultant will be honest and direct in assessing Client’s potential, and Consultant will refer Client to trusted professionals if it is in Client’s interest to consult with such professionals.ducimus cupiditate similique quisquam et deserunt, recusandae. here

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