If you have questions or concerns regarding this policy, please contact e-PlanSoft at info@ePlanSoft.com.
Information That We Collect:
We collect personal information from you when you register to access content and downloads on the e-PlanSoft Sites and when you request information from us about product and services. Examples of personal information are name, address, telephone number, e-mail address, company name, and so on. We collect personal data about those who communicate with us such as e-mail address, user-specific information on what pages visitors access or visit, and information volunteered by the visitor, such as survey information and site registrations. This information is used to personalize our communications with you about products that are specific to your needs and interests. Rather than burden you with information that is not relevant or of interest to you, we try to target information that is specifically important to you. At any time, even after you have given authorization, you can opt out of receiving these communications by contacting us at info@ePlanSoft.com. We use the information that we collect to improve the content of our Web pages by incorporating information that is relevant to our clients, to notify customers about updates to our products and the e-PlanSoft Sites, and to contact customers for marketing purposes that are related specifically to their needs and interests. From time to time we partner with third-party entities to provide specific services (webinars, events, technical paper distribution). When you sign up for these services, we will share names, or other contact information that is necessary for the third-party to provide these services.
These parties are not allowed to use personally identifiable information except for the purpose of providing these services. e-PlanSoft supplements the data it collects with additional data received from third-party sources, by using data append services. The additional supplemental data consists of contact, company, and industry data, as well as title, department, address, phone number, and updated e-mail addresses. If you do not want to receive e-mail from us send an email to info@ePlanSoft.com with "unsubscribe" as the subject and the e-mail address(es) you would like to unsubscribe.
If you supply us with your postal address online, as well as your consent, you may receive periodic mailings from us with information about new products and services or upcoming events. If you do not want to receive such mailings at any point after your consent has been given, let us know by e-mailing info@ePlanSoft.com. Send us your name and address and we will remove your name from all lists that we use internally and/or share with other noncommercial organizations.
If you give us your telephone number online, and provide consent, you may receive telephone calls from us with information about new products and services or upcoming events. If you do not want to receive such telephone calls at any point after giving your consent, contact us at info@ePlanSoft.com. Send us your name and phone number and we will remove your name from all lists that we use internally and/or share with other noncommercial organizations. We do not partner with or have special relationships with any ad server companies.
Customers and applicants can prevent their information from being used for purposes other than those for which it was originally collected and for which consent was given by contacting us at info@ePlanSoft.com. Upon request, e-PlanSoft offers visitors the ability to have their information deleted or corrected for inaccuracies. To have your information corrected, contact us at info@ePlanSoft.com. We will respond to your request within the country-specific time frames, which can range from 5 to 30 business days. If you use forums or blogs on e-PlanSoft Sites, you should be aware that any personally identifiable information you submit there can be read, collected, and used by other users of these forums, and could be used to send you unsolicited messages. e-PlanSoft is not responsible for the personally identifiable information that you choose to submit in these forums. For each visitor to our Web page, our Web server automatically recognizes only the visitor’s domain name, but not the e-mail address.
As is true of most Web sites, we gather certain information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring and exit pages, operating system, date and time stamp, and clickstream data. This data is not considered personal data because it does not identify individual users. We use this information to analyze trends, to administer the site, to track users’ movements around the site, and to gather demographic information about our user base as a whole.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our legal rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site. We use third parties to provide services on our site such as e-mail service providers, Web content delivery providers, chat providers, community platform providers, product training providers, and sales lead tracking providers. When you sign up for these services, we share your personal information with the third party as necessary to provide that service. For a complete list of these service providers and the services they perform on behalf of e-PlanSoft, contact us at info@ePlanSoft.com.
These third parties are prohibited from using your personally identifiable information for any other purpose.
Links to Other Sites:
e-PlanSoft Sites contain links to other sites that are not owned or controlled by e-PlanSoft. Although we do not share your personal data with these other sites, we are not responsible for the privacy practices of such other sites. This privacy statement applies only to information collected by e-PlanSoft Sites.
Contact Us If you feel that this site is not following its stated information policy, you can send us an email at email@example.com or use our contact page.
This Site is comprised of various Web pages operated by e-PlanSoft and its Affiliates and wholly owned subsidiaries ("e-PlanSoft"). e-PlanSoft authorizes you to view and access the "Content" on the Site strictly in accordance with and subject to these Terms and the e-PlanSoft Privacy Statement. "Content" includes the entire content and materials accessible through the Site, including, without limitation, materials, information, artwork, graphics, images, text, software, and data. Your use of a Site constitutes your agreement to all these Terms and to the Privacy Statement. Except as expressly permitted under a written customer agreement ("Customer Agreement") with e-PlanSoft under which you qualify as an authorized user, you may not modify, reproduce, distribute, display, perform or otherwise use the Content for any public or commercial purpose, in any form or by any means, including, without limitation, electronic (including without limitation screen scraping), mechanical, photocopying, recording or otherwise without the permission of e-PlanSoft or the copyright owner. For purposes of these Terms, any use of the Content on any other web site or networked computer environment for any purpose is prohibited. You are not permitted to decompile, reverse engineer, modify or prepare derivative works of the Content. You acknowledge and agree that you are fully capable and authorized to enter into this binding agreement on behalf or yourself and any organization on whose behalf you may act.
If you do not agree with the terms of these Terms or the Privacy Statement, you may not use the Site. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed Content.
Modification of These Terms and Content: e-PlanSoft reserves the right to change the terms, conditions, and notices under which a Site is offered at any time, so please refer periodically to the Terms posted on the Site. The Content contained on this Site is subject to change without notice.
Links to 3rd Party Sites: The Site may contain links to other Web sites ("Linked Sites"). The Linked Sites are not under the control of e-PlanSoft and e-PlanSoft is not responsible for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. e-PlanSoft is not responsible for webcasting or any other form of transmission received from any Linked Site. e-PlanSoft provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by e-PlanSoft of the site or any association with its sponsor or operator.
No Unlawful or Prohibited Use:
As a condition of your use of the Site, you warrant to e-PlanSoft that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use or enjoyment of the Site. You may not obtain or attempt to obtain any Content through any means not intentionally made available or provided for through the Site. By way of example, and not limitation, you agree that, when visiting or using the Site, you will:
(a) not defame, abuse, harass, stalk, or threaten any person or party or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(b) not post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-oriented, pornographic, misleading, fraudulent, otherwise objectionable material of any kind or any other material that may violate any applicable laws or violate or infringe any third party rights or violate any confidentiality obligations;
(c) not advertise or offer to sell or buy any goods or services for any business purpose unless such is first permitted by e-PlanSoft in writing;
(d) not conduct or forward surveys, contest, pyramid schemes or chain letters;
(e) harvest or otherwise collect information about others, including e-mail addresses, without their consent (and e-PlanSoft’s consent);
(f) comply with all of e-PlanSoft’s requirements, procedures, policies regarding visitation and use of the Site and all applicable laws and regulations;
(g) not take any action that imposes, or may impose, in the sole discretion of the e-PlanSoft, an unreasonable or disproportionately large load on the infrastructure or otherwise be disruptive including but not limited to “flooding” any group with posts; or,
(h) not to upload, post, use or otherwise make available any content that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment.
e-PlanSoft has no obligation to monitor use of its Site. However, e-PlanSoft reserves the right to review and remove any materials from any source in its sole discretion.
e-PlanSoft reserves the right to limit or terminate your access to any or all of its web sites at any time without notice for any reason whatsoever in addition to all other rights and remedies.
e-PlanSoft reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in e-PlanSoft’s sole discretion and in accordance with e-PlanSoft’s Privacy Statement.
User Chat Rooms or Online Support Ticketing:
e-PlanSoft may, but is not obligated to, monitor or review any areas, if any, of the Site where users transmit or post communications or communicate solely with each other, including, without limitation, to chat rooms, bulletin boards or other user forum, or any transaction exchange, nor is e-PlanSoft obligated to monitor or review the content of any such user communications. e-PlanSoft shall have no liability or obligation whatsoever related to the content of any such user communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. e-PlanSoft retains the right to remove messages that include any material deemed abusive, defamatory, obscene or otherwise unacceptable.
Password and User Name:
Access to some content accessible from the Site may be password controlled. By registering for an account, a password and the right to use the protection portions of the Site, you are certifying that you are an authorized representative of your company with the right to bind your company to these Terms (and any additional terms required for access to password controlled content) and that the user name and password are unique to you and/or your company. You are solely responsible for maintaining the confidentiality of your user name and password. You are advised that you could be held liable for losses incurred by e-PlanSoft as a result of the misuse of your user name, password or account.
A. Copyright: Unless otherwise indicated, all Content on the Site is copyright protected by United States law and international treaties and the copyright is held by e-PlanSoft or the original creator of the Content. e-PlanSoft also claims copyright in the look and feel attributes of the Site, as well as the selection, coordination, and arrangement of the Content.
Except for any limited license that may be contained herein or otherwise granted under a Customer Agreement, you have no right to copy Content from a Site, including downloading or printing or to distribute the materials in any way, including transmitting them in electronic form, etc. Permission to use the materials other than as authorized hereunder must be granted in writing prior to the use.
B. Trademarks and Service Marks: Unless otherwise indicated as belonging to a third party, all marks associated with products or services on this Site are the property of e-PlanSoft or its affiliates or subsidiaries. These marks may only be used as described in our Trademark Guidelines or with our express written permission. Please see the following for our Trademark Guidelines.
C. Other Intellectual Property Rights: This Site and its Content may be protected by other forms of intellectual property or proprietary rights, such as patent and trade secret law. e-PlanSoft reserves all rights to protect its intellectual property and proprietary rights to the fullest extent of the law.
Use of Software and Databases:
There are inherent dangers in the use of any software, databases or other Content available for download through the Internet, and e-PlanSoft cautions you to make sure you completely understand the potential risks before you download any software databases or other Content (such as potential infection of your system by computer viruses). If you download software or databases from a Site ("Software") or subscribe to any services offered through a Site, use of such Software, or subscription to such services is subject to the terms of the associated written Customer Agreement. You may not download or install the Software, or utilize e-PlanSoft services, unless you are a party to (or a user covered under) the applicable Customer Agreement. You are solely responsible for adequate protection and backup of your software, data and equipment and, subject to the applicable Customer Agreement, you assume all risks associated with any Software you may download, access or use.
WITHOUT LIMITING THE FOREGOING AND SUBJECT TO THE APPLICABLE CUSTOMER AGREEMENT, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION, AND ACCESS TO OR UTILIZATION OF e-PlanSoft SERVICES, IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY IN ACCORDANCE WITH THE APPLICABLE CUSTOMER AGREEMENT. EXCEPT AS SPECIFICALLY WARRANTED IN THE CUSTOMER AGREEMENT, E-PLANSOFT HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE. IN NO EVENT WILL e-PlanSoft AND/OR ITS RESPECTIVE SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER WITH RESPECT TO THE SOFTWARE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL OR BUSINESS INTERRUPTION) EVEN IF E-PLANSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
With the possible exception of in connection with password protected and/or secure/restricted areas of this Site, e-PlanSoft does not want to receive confidential or proprietary information from you on this Site. Other than personally identifiable information (which is covered under the e-PlanSoft Privacy Statement), any material, information or other communications that you transmit or post to a Site (“User Communications”) will be considered non-confidential and non-proprietary. e-PlanSoft will have no obligations with respect to such User Communications. e-PlanSoft and its designees will be free to copy, disclose, display, distribute, modify, incorporate, and otherwise use the User Communications and all data, images, sounds, text, and other things embodied therein, without any obligation to any party whatsoever, for any and all commercial or non-commercial purposes. Moreover, by sending e-PlanSoft any such User Communications, you also agree that e-PlanSoft is free to use any ideas, concepts, know-how, or techniques for any purpose and in any manner in its sole discretion.
You agree to use the Site strictly at your own risk and that you are solely responsible for the content of your communications, whether uploaded, posted, emailed or otherwise transmitted.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROVIDED UNDER AN APPLICABLE CUSTOMER AGREEMENT, THE CONTENT AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND. IN PARTICULAR, e-PlanSoft DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS. E-PLANSOFT FURTHER DOES NOT WARRANT THE QUALITY, VALIDITY, ACCURACY OR COMPLETENESS OF THE CONTENT OR SERVICES PROVIDED THROUGH THIS SITE OR THAT THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS OR INACCURACIES WILL BE CORRECTED. THE CONTENT AND SERVICES MAY BE OUT OF DATE, ANDE-PLANSOFT MAKES NO COMMITMENT TO UPDATE THE CONTENT OR SERVICES AT THIS SITE OR TO MAKE ANY NOTIFICATION OF CHANGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES TO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL e-PlanSoft, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED IN THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF ANY USE OF THIS SITE, OR THE CONTENT OR SERVICES CONTAIN OR ACCESSIBLE FROM THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEAGL THEORY AND WHETHER OR NOT e-PlanSoft IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Export Compliance: Software and other Content made accessible under these Terms may be subject to United States export control laws and regulations and may also be subject to the laws of the country where you reside. You agree not to transfer or otherwise export any such Software or Content in violation of such laws, including, without limitation, to third parties who are residents or nationals of countries subject to United States embargo or to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Person’s List. You agree to comply with all relevant export laws and regulations, including those of the United States and any other applicable jurisdiction to assure that the Software, Content or anything related to the Site are not exported, directly or indirectly, in violation of any applicable law or regulation, including all U.S. export control laws and regulations.
Cautionary Language Regarding Forward-Looking Statements:
This Site may contain statements, estimates or projections that constitute "forward-looking statements" as defined under U.S. federal securities laws. Generally, the words "believe", "expect", "intend", "estimate", "anticipate", "project", "will" and similar expressions identify forward-looking statements, which generally are not historical in nature. Forward-looking statements are subject to certain risks and uncertainties that could cause actual results to differ materially from e-PlanSoft’s historical experience and our present expectations or projections. These risks include, but are not limited to, e-PlanSoft’s ability to rapidly develop and introduce new products; reliance on third party products; reliance on emerging technologies and markets; the timely availability and market acceptance of new products and upgrades; the impact of competitive products and pricing; and the discovery of undetected software errors; and other risks discussed in our Company’s filings with the Securities and Exchange Commission (the "SEC"), including our Annual Report on Form 10-K, which filings are available from the SEC. You should not place undue reliance on forward-looking statements, which speak only as of the date they are made. e-PlanSoft undertakes no obligation to publicly update or revise any forward-looking statements.
These Terms shall be exclusively interpreted in accordance with the English language with the meaning of its terms. Should a translation of these Terms deviate from the English language version, only the English language version shall apply and be binding.
DMCA and Claims of Copyright Infringement: The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send e-PlanSoft a notice requesting that e-PlanSoft remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send e-PlanSoft a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: e-PlanSoft (see contact page). We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there are penalties for false claims under the DMCA.
Information or Complaints:
Void Where Prohibited: Although this Site is accessible worldwide, not all services discussed or referenced in this Site are available to all persons or in all geographic locations or jurisdictions. In addition, not all persons may be able to participate or win prizes, if applicable, in the challenges, sweepstakes, contests, raffles, surveys or similar promotions made available through the Site. We reserve the right to limit the availability of this Site and/or the provision of any service to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion.
Law and Jurisdiction:
This site is created and controlled by e-PlanSoft in the State of California, USA. Thus, to the maximum extent permitted by applicable law, these Terms and the Privacy Statement are governed by the laws of the United States and the State of California, without giving effect to any principles of conflicts of law. You hereby expressly consent, and waive any jurisdictional, venue or inconvenient forum objections, to the exclusive jurisdiction and venue of the State and Federal courts in Alameda County, California, U.S.A. in all disputes arising out of or relating to the use of the Site. You also agree to comply with all laws from the country in which You reside that are applicable to the transmission of data on the Internet, including, but, not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.
Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and e-PlanSoft as a result of this agreement or use of the Site. e-PlanSoft’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of e-PlanSoft’s right to comply with governmental, court or law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by e-PlanSoft with respect to such use. Unless otherwise specified herein, these Terms and the Privacy Statement constitute the entire agreement between the user and e-PlanSoft with respect to the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and e-PlanSoft with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
e-PlanSoft, Business Inspired, and the e-PlanSoft logo are trademarks of e-PlanSoft, registered in the United States, certain other countries and/or the EU.