TERMS & CONDITIONS

PLANNING THE REUNION, LLC.

 

I. THE AGREEMENT

 

These Terms and Conditions constitute the agreement (the "Agreement") between PLANNING THE REUNION, LLC. ("PLANNING THE REUNION", "PTR", us or we) and the user ("you," "user" or "Customer") of PLANNING THE REUNION's services and any related products ("Service/Products"). For purposes of the Agreement, "you" means the customer, defined as either (i) the person identified in PLANNING THE REUNION's account records as responsible for payment of all charges; or (ii) any other person with actual or apparent authority to represent that person or to use the service(s).

 

BY USING, OR PAYING FOR THE PLANNING THE REUNION PRODUCTS AND/OR SERVICES, YOU AGREE TO THE PRICES, CHARGES, TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE PRICES, CHARGES, TERMS AND CONDITIONS, DO NOT USE THE SERVICES OR PRODUCTS. YOU CAN CANCEL THE SERVICES IMMEDIATELY BY CALLING PLANNING THE REUNION AT THE TOLL FREE NUMBER ON THE FIRST PAGE OF YOUR INVOICE.

 

The Agreement governs the Services and Products offered by PLANNING THE REUNION, LLC. By signing-up for the Service or purchasing Products, you acknowledge that you have read and understand, and you agree to, the terms and conditions of the Agreement, and you represent that you are of legal age to enter the Agreement and become bound by its terms.

 

PLANNING THE REUNION may change the Terms and Conditions of the Agreement from time to time. Notices will be considered given and effective on the date posted at www.planningthereunion.com. The posted Agreement supercedes all previously agreed to electronic and written Terms and Conditions.

 

The prices for services and/or products, which may be found at

www.planningthereunion.com, are effective as of November 1, 2004 and are subject to change. For the most current prices, the most current version of the Agreement, or if you have questions about your services or products, please visit our website at

www.planningthereunion.com or call us at the toll-free number listed on the first page of your invoice.

 

 

 

II. SERVICE TERMS & CONDITIONS

 

A. Terms

Services are offered on a quarterly (3-month, 6-month,9-month) and yearly basis for a term which begins on the date (the "Activation Date") that PLANNING THE REUNION posts your listing to planningthereunion.com. It takes on the average 2 business days in order to post your listing. Your Service ends on the day before the same date in the last month of that term. Subsequent terms of this Agreement automatically renew on a 3-month, 6-month, 9-month, or yearly basis based on your previous term without further action by you unless you give PLANNING THE REUNION written notice of non-renewal at least ten [10] days before the end of the 3-month, 6-month, 9-month, or yearly term in which the notice is given. You are purchasing the Service for full 3-month, 6-month, 9-month, or yearly terms, meaning that if you attempt to terminate Service prior to the end of a 3-month, 6-month, 9-month, or yearly term, you will be responsible for the full 3-month, 6-month, 9-month, or yearly charges to the end of the then-current term.

 

B. Refund Policy

PLANNING THE REUNION offers a refund if services are terminated within 30  days after the "Activation Date" of service. Therefore, If you cancel your Service within this time frame, you will only be charged for one month of Service. If not, you will be charged for the full subscribed term.

 

C. Notice of Rate Changes

PLANNING THE REUNION may change the prices for the Services from time to time. We may increase prices without providing advance notice. Changes to any other rates, charges, or terms or conditions in the Agreement will be published at www.planningthereunion.com and will be incorporated by by reference into this Agreement

 

D. Loss of Service Due to Power Failure

The Service does not function without a live server, should there be an interruption in the power supply, the Service will not function until power is restored. A power failure or disruption costs our server to go down and thus planningthereunion.com may not be accessible for a period of time. No Credit Allowances for Interruption of Service -- You acknowledge and agree that the Service is provided "as is".

 

E. Restrictions on the Use of Service

Services provided by PLANNING THE REUNION under the Agreement will not be used for any unlawful or offensive purpose.

 

F. Cancellation of Service (By the Customer)

  1. If your Service is terminated within 30  days after the "Activation Date", you will only be charged for one month of Service. If NOT, you will be charged for the full subscribed term.
  2. Cancellation may take up to 3 to 4 business days.

 

 

 

III. PRODUCT TERMS & CONDITIONS

 

A. Terms

Planning The Reunion, LLC. offers a limited line of products. These products are customized to your specification before being created and delivered. Specifications are established by following guides-lines for ordering a specific product. You (the client) must acknowledge, and give a PTR representative permission to start the production process. Permission will be given in writing by email or fax. The day that PTR begin producing the product is called the “Production Date”. After the “Production Date” is established, on the average, it takes 10 business days to produce the ordered product(s). (Note: This time span does not include delivery days).

 

B. Refund Policy

Because all payments for products are received up-front and all specifications are agreed upon before production,  PLANNING THE REUNION will only give a refund if the ordered product(s) is loss or damaged during delivery.  PLANNING THE REUNION will only be liable for the "total replacement" or "a full refund" for the ordered product(s).

 

C. Notice of Rate Changes

PLANNING THE REUNION may change the prices for Products from time to time. We may increase prices without providing advance notice. Also, change to terms or conditions in the Agreement will be published at www.planningthereunion.com and will be incorporated by reference into this Agreement.

 

D. Taxes

  1. You agree to pay all Taxes imposed.
  2. If you provide PLANNING THE REUNION with a duly authorized tax exemption certificate, PLANNING THE REUNION will exempt you in accordance with law, effective on the date PLANNING THE REUNION receives the certificate.

 

 

 

IV. PAYMENT OBLIGATIONS

  1. You must provide PLANNING THE REUNION with a valid credit card number when the Service is activated or when products are purchased. PLANNING THE REUNION will invoice all charges on a quarterly (e.g.: 3-month, 6-month, 9-month) or yearly basis for purchased Services. If the credit card expires, you close your credit card account or your billing address changes, or the credit card is cancelled and replaced because of loss or theft, you must advise PLANNING THE REUNION immediately.
  2. PLANNING THE REUNION may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with PLANNING THE REUNION is declined or reversed, your credit card expires and you have not provided PLANNING THE REUNION with a valid replacement credit card or in case of any other non-payment of account charges. Termination of Service for declined or expired card, reversed charges or non-payment leaves you fully liable to PLANNING THE REUNION for all charges accrued before termination and for all costs incurred by PLANNING THE REUNION in collecting such amounts, such as (but not limited to) collection costs and attorney's fees
  3. You are responsible for payment of all charges for services and products furnished to you.
  4. You must promptly notify PLANNING THE REUNION of any change in your invoicing address or, if applicable, in the credit card or bank account used for payment. You should notify the PLANNING THE REUNION Support Department by e-mailing PLANNING THE REUNION at the following address: support@planningthereunion.com
  5. PLANNING THE REUNION will charge for products and services prior to the products being shipped and services being supplied. If the state law where you receive the PLANNING THE REUNION products or services requires a different rate, we will apply that rate.
  6. No Credit Allowances for Interruption of Service You acknowledge and agree that the Service is provided "as is."

 

 

 

V. RULES OF CONDUCT

  1. You shall not post on the Service any content which

    (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening,

    (b) contains viruses or other contaminating or destructive features,

    (c) violates the rights of others, such as Content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity,

    (d) Present lifestyles contrary to what the owners post as lifestyles, or

    (e) otherwise violates any applicable law.

     

  2. You may not post on the Service any links to any external Internet sites that are obscene or pornographic.

 

 

 

VI. COPYRIGHTS / TRADEMARKS

 

All Services, products, information, documents and materials on PLANNING THE REUNION's website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of PLANNING THE REUNION are and shall remain the exclusive property of PLANNING THE REUNION and nothing in this Agreement shall grant you the right to right or license to use such marks.

 

 

 

 

VII. LIABILITY

 

  1. PLANNING THE REUNION will not be liable for: (i) any failure of performance due to causes beyond its control, including, but not limited to, acts of God, fires, floods or other catastrophes; national emergencies or insurrections, and any law, order, regulation or other action of any governing authority or agency thereof.
  2. With respect to any other factual allegation, legal claim, or dispute by you or by any others, for damages associated with the ordering (including the reservation of any specific number for use with a service), installation (including delays thereof), provision, termination, maintenance, repair, interruption, or restoration of any service or facilities offered by PLANNING THE REUNION, PLANNING THE REUNION's liability, if any, will be limited as follows:
    1. With respect to the provisioning of, or any error or omission in, data, information, or content furnished in connection with any service provided by PLANNING THE REUNION, for example, Directory Assistance, PLANNING THE REUNION's liability will be limited to the lesser of: (a) the amount of actual money damages proven by you to have been incurred as the proximate result of your reliance on such data, information, or content; or (b) $100.00.
  3. IN NO EVENT WILL PLANNING THE REUNION BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, INCLUDING LOST PROFITS (WHETHER OR NOT PLANNING THE REUNION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES) BY REASON OF ANY ACT OR OMISSION IN ITS PERFORMANCE UNDER THIS AGREEMENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
  4. PLANNING THE REUNION will be indemnified, defended, and held harmless by you against all claims of loss or damage arising from the use of service furnished by PLANNING THE REUNION, including:
    1. Allegations or claims for libel, slander, invasion of privacy, or infringement of copyright arising out of the material, data, information, or other content transmitted via PLANNING THE REUNION service; and
    2. All other allegations and claims arising out of any intentional act or omission by you or others authorized by you to use the service, in connection with any service provided by PLANNING THE REUNION.
  5. PLANNING THE REUNION MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES ABOUT ITS SERVICES AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR NONINFRINGEMENT. PLANNING THE REUNION DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON PLANNING THE REUNION'S BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY BY PLANNING THE REUNION.
  6. PLANNING THE REUNION will not be liable for any act or omission of any other company or companies furnishing a portion of the service, or from any act or omission of a third party, including those vendors participating in PLANNING THE REUNION offerings made to you, or for damages associated with service, or products.

 

 

 

VIII. DISPUTE RESOLUTION

 

IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION.

 

A. Binding Arbitration

The arbitration process established by this section is governed by the Federal Arbitration Act ("FAA"). Both you and PLANNING THE REUNION have the right to take any dispute that qualifies to small claims court rather than arbitration. All other disputes arising out of or related to this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal or equitable theory) must be resolved by final and binding arbitration. This includes any dispute based on any product, service or advertising having a connection with this Agreement and any dispute not finally resolved by a small claims court. The arbitration will be conducted by one arbitrator using the procedures described by this Section. If any portion of this Dispute Resolution Section is determined to be unenforceable, then the remainder shall be given full force and effect. The arbitration of any dispute involving $10,000 or less shall be conducted in accordance with the Consumer Arbitration Rules of the American Arbitration Association ("AAA"), as modified by this Agreement, which are in effect on the date a dispute is submitted to the AAA. The AAA's Commercial Arbitration Rules and fee schedules will apply to any disputes in excess of $10,000. You have the right to be represented by counsel in an arbitration. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. The arbitrator may not award punitive, exemplary or similar damages. The parties agree that an award of such damages will be void if issued.

 

NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE NOT EXPRESSLY AUTHORIZED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS' FEES UNLESS SUCH DAMAGES ARE EXPRESSLY AUTHORIZED BY A STATUTE. YOU AND PLANNING THE REUNION BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.

 

B. Arbitration Information and Filing Procedures

Before you take a dispute to arbitration or to small claims court, you must first contact our Support Department representative at the customer service number on your PLANNING THE REUNION invoice for the Services, or write to us at the following address and give us an opportunity to resolve the dispute:

PLANNING THE REUNION, LLC.

P.O. Box 116804

Carrollton, TX 75011

Attention: Support Department

You must describe your dispute and provide PLANNING THE REUNION with any supporting documentation. Likewise, if PLANNING THE REUNION has a dispute with you, it will notify you by letter sent to your billing address and attempt to resolve it before pursuing arbitration. If the dispute cannot be satisfactorily resolved within thirty days from the date you or PLANNING THE REUNION is notified by the other of a dispute, then either party may then contact the AAA in writing at AAA Service Center, 134555 Noel Road, Suite 1750, Dallas, Texas 75240-6620 and request arbitration of the dispute. Information about the arbitration process and the AAA's Arbitration Rules and its fees are available from the AAA on the Internet at www.adr.org. The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA's telephonic, on-line, or in-person procedures. Additional charges may apply for these procedures. Any in-person arbitration will be conducted at a location that the AAA selects in the state of your primary residence. Any arbitration shall remain confidential. Neither you nor PLANNING THE REUNION may disclose the existence, content or results of any arbitration or award, except as may be required by law, or to confirm and enforce an award. Judgment of the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

 

ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN TWO YEARS AFTER THE DATE THE BASIS FOR THE CLAIM OR DISPUTE FIRST ARISES.

 

C. Fees and Expenses of Arbitration

 Each party must pay its own expenses associated with any arbitration, including its attorney's fees. If you file a request for arbitration, you will have to pay a filing fee in accordance with the AAA fee schedule. Under AAA rules, some costs such as the arbitrator's fees and expenses will be allocated between the parties.

 

In addition to the procedures described in this Section for resolving a dispute, you may also have the right to file a complaint with an appropriate federal or state regulatory agency.

 

 

 

IX. MISCELLANEOUS PROVISIONS

 

A. Entire Agreement.

These Terms and Conditions constitute the entire Agreement between you and PLANNING THE REUNION, and supersede any and all prior agreements, oral or written, concerning the subject matter. If there is any inconsistency or conflict between the terms of any promotion and/or authorized written communications you have received and the provisions of this Agreement, the provisions of this Agreement will control.

 

B. Assignment.

Customers may not modify or assign this Agreement. In its sole discretion, PLANNING THE REUNION may assign this Agreement.

 

C. No Waiver of Rights.

If either party fails to enforce any right or remedy under this Agreement, that does not waive the right or remedy for any other breach or failure.

 

D. Binding Effect.

This Agreement is binding upon you and PLANNING THE REUNION and upon, respectively, your and PLANNING THE REUNION's agents.

 

F. Severability.

If any part or provision of this Agreement is finally determined to be invalid or unenforceable under applicable law by a court of competent jurisdiction, then that part or provision will be ineffective only to the extent of such invalidity or unenforceability, without in any way affecting the remaining parts or provisions of this Agreement.

 

G. Governing Law.

This Agreement is governed by and construed under the laws of the Commonwealth of Texas and applicable federal law, without regard to its choice of law principles, except that the arbitration provisions in Section VII shall be governed by the Federal Arbitration Act. This governing law provision applies no matter where you reside, or where you use or pay for the services.

 

H. Headings of No Force or Effect.

Headings in this Agreement are for reference only and have no effect on the meaning of any provision. Updated November 1, 2004

 
 
 

 
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