MyFamilyPlan, LLC (“MyFamilyPlan”) Online Subscription Agreement
BY CHECKING THE BOX NEXT TO THE STATEMENT “I ACCEPT THE MYFAMILYPLAN TERMS OF SERVICE” AND CLICKING ON THE “SIGN UP NOW” BUTTON DISPLAYED AS PART OF THE REGISTRATION PROCESS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE “AGREEMENT”) GOVERNING YOUR USE OF MYFAMILYPLAN’S ONLINE SERVICES (THE “SERVICES”).
Your registration for, or use of, the Services shall be deemed to be your agreement to abide by this Agreement including any materials available on the MyFamilyPlan website incorporated by reference herein, including but not limited to MyFamilyPlan’s registration and order process, privacy and security policies.
MyFamilyPlan’s privacy policies may be viewed at http://www.myfamilyplan.com/privacy/. MyFamilyPlan reserves the right to modify its privacy policies in its reasonable discretion from time to time. Note that because the Services are a hosted, online application, MyFamilyPlan occasionally may need to notify all users of the Services of important announcements regarding the operation of the Services.
As used in this Agreement and in any Order Form now or hereafter associated herewith:
“Authorized User(s)” mean you and anyone you authorize to use the Services when you supply user identifications to MyFamilyPlan;
“Customer Data” means any data, information or material provided or submitted by you to the Services in the course of using the Services;
“Effective Date” means the date this Agreement is accepted by selecting the “I Accept” option presented on the screen after this Agreement is displayed;
“Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world;
“Order Form(s)” means the form evidencing the initial subscription for the Services and any subsequent order forms submitted online specifying, among other things, the service offering selected, the number of additional licenses, if any, the amount of additional storage, if any, and other services contracted for, the applicable fees, the billing period, and other charges as agreed to between the parties, each such Order Form to be incorporated into and to become a part of this Agreement (in the event of any conflict between the terms of this Agreement and the terms of any such Order Form, the terms of this Agreement shall prevail);
“MyFamilyPlan” means MyFamilyPlan, LLC, a Texas Limited Liability Partnership, having its principal place of business at 1301 Fannin Street, Suite 2440, Houston, TX 77002;
“Services” mean the hosted data, data integration, aggregation and reporting capabilities including all of MyFamilyPlan’s proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by MyFamilyPlan in providing the Services and any audio and visual information, documents, software, products and services contained or made available to you in the course of using the Services.
2. Services and Restrictions
Subject to the terms and conditions of this Agreement, MyFamilyPlan grants to you a non-exclusive, non-transferable, right to use the Services up to the maximum number of members, and the maximum duration, and the maximum storage space permitted on the Order Form including any enhanced functionality or additional services and selected on the Order Form (collectively referred to as “Selected Services”) as you may update from time to time by executing a new Order Form. All rights not expressly granted to you are reserved by MyFamilyPlan. You acknowledge that MyFamilyPlan’s provision of the Services is dependent in part on each Authorized User’s compliance with the terms of this Agreement.
You shall not directly or indirectly, (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit the Services in any way; (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code, or any software, documentation or data related to the Services, (iii) modify or make derivative works based upon the Services; (iv) copy or create Internet “links” to the Services or “frame” or “mirror” any of the Services; or (v) access the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Services, or (c) copy any ideas, features, functions or graphics of the Services.
3. Your Responsibilities
You are responsible for all activity occurring under your User accounts, including but not limited to uploading any of your data onto the Services. You shall: (i) use the Services in compliance with all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications, export laws and the transmission of technical or personal data laws. You shall not when using the Services (i) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere with or disrupt the integrity or performance of the Services or the data contained therein; or (iii) attempt to gain unauthorized access to the Services or its related systems or networks.
MyFamilyPlan is not responsible to you for unauthorized access to your data or the unauthorized use of the Services. You are responsible for the use of the Services by any person to whom you have given access to the Services, and any person who gains access to your data, even if you did not authorize such use.
You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, server, software, operating system, networking, web servers, long distance and local telephone service (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Services. You shall also be responsible for maintaining the security of the Equipment, your User account, Users passwords and files, and for all uses of your User account or the Equipment with or without your knowledge or consent. MyFamilyPlan reserves the right to refuse registration of, or cancel passwords it deems inappropriate.
4. Your Account Information and Data
MyFamilyPlan does not own any data, information or material that you submit to the Services in the course of using the Services (“Customer Data”). You, not MyFamilyPlan, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and MyFamilyPlan shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.
5. MyFamilyPlan’s Intellectual Property Ownership
MyFamilyPlan alone (and its licencors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Services (or any underlying technology or content within the Services) and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, the technology used by the Services, or the Intellectual Property Rights owned by MyFamilyPlan. The MyFamilyPlan name, the MyFamilyPlan logo, and the product names associated with the Services are trademarks of MyFamilyPlan or third parties, and no right or license is granted to use them.
6. Charges and Payment of Fees
When applicable, you shall pay MyFamilyPlan the then applicable fees for the Services as noted on your most recent Order Form (the “Fees”). You are responsible for keeping your billing and other account information up to date. You must pay when due the fees for the Services stated in the Order Form or other agreement between us. The initial charges will be equal to the current number of total Selected Services on the Order Form. Payments must be made in advance unless otherwise mutually agreed upon in an Order Form. All payment obligations are non-cancelable and all amounts paid are nonrefundable. You must provide MyFamilyPlan with valid credit card as a condition to signing up for the Services. You may add or delete Selected Services by executing an additional online Order Form. Added Selected Services will be subject to the following: (i) added Selected Services will be coterminous with the preexisting Order Form; (ii) the applicable license fee for the added Selected Services will be the then current, generally applicable license fee; and (iii) Selected Services added in the middle of a billing month may be charged for partial use for that billing month. MyFamilyPlan reserves the right to modify its fees and charges and to introduce new charges at any time. All pricing terms are confidential, and you agree not to disclose them to any third party.
7. Non-Payment and Suspension
In addition to any other rights granted to MyFamilyPlan herein, MyFamilyPlan reserves the right to suspend or terminate this Agreement and your access to the Services if your account becomes delinquent (falls into arrears). You will continue to be charged for the Services during any period of suspension. If you or MyFamilyPlan initiates termination of this Agreement, you will be obligated to pay the balance due on your account. You agree that MyFamilyPlan may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. You agree and acknowledge that MyFamilyPlan has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 30 days or more delinquent.
8. Representations & Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Services and that your billing information is correct.
9. Disclaimer of Warranties
MYFAMILYPLAN AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES. MYFAMILYPLAN AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY MYFAMILYPLAN AND ITS LICENSORS.
MYFAMILYPLAN’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. MYFAMILYPLAN IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
MyFamilyPlan reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement on the Services. You are responsible for regularly reviewing this Agreement. Continued use of the Services after any such changes shall constitute your consent to such changes. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with MyFamilyPlan ‘s prior written consent. MyFamilyPlan may transfer and assign any of its rights and obligations under this Agreement without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind MyFamilyPlan in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the laws of the State of Texas without regard to its conflict of laws provisions.