TERMS OF SERVICE

LAST UPDATED OCTOBER 19, 2021

Please read the following Terms of Service (“Terms”) carefully. These Terms govern Your access to and use of the Let’sPlan (“Let’sPlan“, “we”, “our” or “us”) Services.

These Terms set forth legally binding conditions that govern Your access to and use of the Services. By accessing or using the Services, You agree to be bound by these Terms and all additional terms incorporated by reference. If You do not agree to any portion of these Terms, do not access or use the Services

1. Definitions
   
   1.1. “Authorized Users” means the specific individuals whom the Customer designates or invites to use the Services.
   
   1.2. “Customer” means the loan provider that subscribes to the Services.
   
   1.3. “Customer Data” means all information of Authorized Users submitted to the Services by Customer in connection with its provision of the Services to Authorized Users.
   
   1.4. “Services” means letsplan.com and online software tool a Customer may use to help its Authorized Users determine their best loan options.
   
   1.5. “Submissions” means any feedback, question, comment, review, rating, and suggestion You submit to Let’sPlan. Services Submissions does not include Customer Data.
   
   1.6. “You” or “Your” means Authorized Users and Customer collectively.

2. Additional Terms. Certain features of the Services may be subject to additional guidelines, terms, rules or policies, which will be posted in connection with such features, including, but not limited to, the Customer Subscription Agreement applicable to Customer’s purchase of a subscription. All such additional guidelines, terms, rules, and policies are incorporated by reference into, and made a part of, these Terms.
   
   
3. Use. Subject to these Terms, Let’sPlan grants You a non-transferable, non-exclusive, revocable, personal, limited license to use and access the Services. The rights granted to You in these Terms are subject to the restrictions in these Terms. Let’sPlan reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to You. You agree that Let’sPlan will not be liable to You or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
   
   
4. Services Content. The Services are provided as a convenience and for Your information only. Your use of the Services is at Your own risk. Let’sPlan does not warrant or represent that: (i) any materials, documents, recommendations, images, graphics, design, audio, video, and any other information provided from on the Services (collectively, the “Services Content”) is accurate or complete; (ii) the Services Content is up-to-date or current; (iii) Let’sPlan has any obligation to update the Services Content; (iv) the Services Content is free from technical inaccuracies or programming or typographical errors; (v) the Services Content is free from changes caused by a third party; (vi) Your access to the Services will be free from interruptions, errors, computer viruses or other harmful components; or (vii) any information obtained in response to questions asked through the Services is accurate or complete.
   
   
5. Restrictions. You are prohibited from using the Services: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Services, or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; (vi) to attempt to gain unauthorized access to or impair any aspect of the Services, or the related systems, servers, or networks; (vii) for resale, time-sharing or other similar purposes; (viii) to stalk, harass or harm another individual; (ix) to impersonate any person or entity, or otherwise misrepresent Your affiliation with any person or entity; (x) to use any portion of the Services in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity; (xi) to decompile, reverse engineer, jeopardize the correct functioning of the Services, disassemble the Services, or otherwise attempt to derive the source code of the software that enables or underlies the Services, except as may be permitted by applicable law; or (xiii) create a competitive offering to the Services.
   
   
6. Financial Disclaimers.The Services and Services Content are for informational purposes only and should not be construed as legal, tax, financial, or other advice. Nothing contained on the Services constitutes a solicitation, recommendation, enforcement, or offer by to buy or sell any securities or other financial instruments. Services Content is current only of the date specified and does not constitute a comprehensive or complete statement of matters discussed or the law relating thereto. Recommendations presented on the Services are based on several factors. All recommendations are general in nature and do not address the circumstances of any particular individual and Let’sPlan does not claim or represent that any particular recommendation or other Services Content is suitable for You. Recommendations and results are based on the information You input. For the most accurate recommendations and results, please ensure You are accurately entering the requested information. Services Content may include forward-looking statements, including those that express a belief, expectation, or intention. These forward-looking statements may include projections and estimates concerning the timing, growth, and success of strategies or intentions. Such statements are based on current expectations and assumptions of future events. However, these expectations and assumptions are inherently subject to business, economic, regulatory, and other risks that are beyond the control of Let’sPlan. Let’sPlan disclaims any responsibility for the accuracy of these assumptions and expectations expressed in forward-looking statements. Let’sPlan undertakes no obligation to update any forward-looking statements to conform to actual results or changes in our expectations, unless required by applicable law. You agree and assume all responsibility for any reliance on forward-looking statements, recommendations, and Services Content on the Services.
   
   
7. Let’sPlan Account.You may be required to create an account with Let’sPlan in order to access and use certain features of the Services. If You choose to create an account, You represent, and warrant that all account information provided by You is true, accurate, complete, up-to-date, and solely Yours. You may not impersonate, imitate, or pretend to be somebody else when creating an account. If any of Your information changes, You must promptly update it. We shall have no liability associated with or arising from Your failure to maintain accurate, complete, or up-to-date information within Your account. We are not responsible for verifying Your account information. You are solely responsible for maintaining the confidentiality of Your account login information (username and password) and are fully responsible for all activities that occur under Your account. You agree not to give or make available Your username and/or password that You use in connection with the Services to any unauthorized individual(s). If You believe Your account login information have been lost, stolen, or that someone may attempt to use them, You must notify us immediately at the contact information set forth at the end of these Terms. Let’sPlan cannot and will not be liable for any loss or damage arising from Your failure to comply with these requirements. Let’sPlan reserves the right to deny You access to the Services if we believe Your password or credentials have been or may be used by an unauthorized party.
   
   
8. Submissions. We do not claim ownership in Your Submissions. However, by submitting any Submissions, You hereby grant (and You represent and warrant that You have the right to grant) to Let’sPlan an irrevocable, non-exclusive, royalty-free, and fully-paid license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit Your Submissions in any manner Let’sPlan deems appropriate. You will not have or obtain any rights in or to any form, media, or technology incorporating any of Your Submissions. You agree that You will not submit to Let’sPlan any information or ideas that You consider to be confidential or proprietary. You further acknowledge that Let’sPlan will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise. You are solely responsible for Your Submissions and assume all risks associated with Your Submissions, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of Submissions that personally identifies You or a third party. Let’sPlan cannot guarantee any confidentiality with respect to any Submissions. We reserve the right (but have no obligation) to review any Submissions, and to investigate and/or take appropriate action against You in our sole discretion if You violate these Terms or otherwise create liability for us or any other person.
   
   
9. Intellectual Property. Excluding any Submissions or Customer Data, You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, service marks, logos, and trade secrets in the Services and Services Content are owned by Let’sPlan. Neither these Terms, nor Your access to or use of the Services, transfers to You or any third-party any rights, title, or interest in or to such intellectual property rights. Let’sPlan reserves all rights not expressly granted in these Terms. There are no implied licenses granted under these Terms.
   
   
10. NO WARRANTIES. THE SERVICES AND SERVICES CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND LET’SPLAN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES OR SERVICES CONTENT WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES OR SERVICES CONTENT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
    
    
11. Indemnification. You agree to indemnify and hold harmless Let’sPlan (and its employees, service providers, affiliates, subsidiaries, parents, and agents) from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) Your violation of these Terms; (ii) Your use of the Services or Services Content; (iii) Your violation of applicable laws or regulations; (iv) Your Services Content; and (v) Your willful misconduct. Let’sPlan reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us, and You agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Let’sPlan. Let’sPlan will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
    
    
12. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LET’SPLAN BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR SERVICES CONTENT, EVEN IF LET’SPLAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES AND SERVICES CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR BUSINESS, OR LOSS OF DATA RESULTING THEREFROM. LET’SPLAN’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO YOUR USE OF THE SERVICES AND SERVICES CONTENT WILL BE THE TERMINATION OF YOUR RIGHT TO USE OR ACCESS THE SERVICES. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 
    
    
13. Termination. The Terms will remain in full force and effect while You access and use the Services. We may suspend or terminate Your right to use the Services (including Your account, if any) at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. Upon termination of Your rights under these Terms, Your account, and right to access and use the Services will terminate immediately. Let’sPlan will not have any liability whatsoever to You for any termination of Your rights under these Terms, including for termination of Your account.
    
    
14. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms, the Services or Services Content will be governed and construed in accordance with the laws of the State of Washington, without regard to its conflict of law principles. You hereby consent to the exclusive jurisdiction of the state and federal courts located in Seattle, Washington, with respect to any action arising in connection with these Terms, the Services, or Services Content.
    
    
15. Age Restriction. You affirm that You are at least eighteen (18) years of age, or an emancipated minor, and are fully able and competent to enter into these Terms and abide by and comply with these Terms. 
    
    
16. Privacy. Let’sPlan collects, uses, and shares personal information collected through the Services in accordance with its Privacy Policy.
    
    
17. Electronic Communications. By using the Services, You consent to receive electronic communications from Let’sPlan unless You follow applicable opt-out procedures. Let’sPlan will communicate with You by email or by posting notices on the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communication be in writing.
    
    
18. Third-Party Links. The Services may include links content provided by third parties (“Third-Party Content”). Third-Party Content is provided for Your convenience and information only. Third-Party Content is not under the control of Let’sPlan and Let’sPlan is not responsible for any Third-Party Content. The inclusion of Third-Party Content does not imply endorsement, affiliation, partnership, or sponsorship by Let’sPlan. Use of any Third-Party Content is at Your own risk.
    
    
19. Local Laws. Let’sPlan makes no representation that the Services or Services Content is appropriate or available for use in jurisdictions outside the United States. Access to the Services from jurisdictions where such access is illegal is prohibited. If You choose to access the Services from other jurisdictions, You do so at Your own risk and are responsible for compliance with applicable local laws. The Services may be subject to United States export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any United States technical data acquired from the Services, or any products utilizing such data, in violation of the United States export laws or regulations.
    
    
20. Miscellaneous. These Terms constitute the entire agreement between You and Let’sPlan regarding the Services and Services Content. Our failure to exercise or enforce any right or provision of these Terns shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
    
    
21. Changes. Let’sPlan may revise these Terms or the Services, or stop providing the Services, at any time and without notice to You. Let’sPlan encourages You to review these Terms frequently (the date of the most recent revision to these Terms appears at the top of these Terms). Your continued access to or use of the Services after such posting constitutes Your consent to be bound by the Terms, as amended.
    
    
22. Contact. For questions on these Terms, please contact Let’sPlan at [email protected].