MyPlanEngine.com Member Agreement
The MyPlanEngine.com Member Agreement is a legal document that details your rights and obligations as a member. You cannot acquire a trial or paid membership, until you have accepted the terms of the Member Agreement. The Member Agreement provides very important information about your trial or membership, so you should take the time to read and understand it. MyPlanEngine.com is owned and operated by CupidPA Inc. For the rest of this agreement, MyPlanEngine.com, MyPlanEngine and similar modifications represent agreements with the company CupidPA Inc and are used interchangeably. Furthermore, this agreement is transferable to all entities owned and operated by CupidPA Inc including acquisitions and mergers.
It may be necessary for MyPlanEngine.com to update or revise certain provisions of the Member Agreement. By ordering a trial or membership with MyPlanEngine.com and accepting the Member Agreement you agree that MyPlanEngine.com may change the terms of this Member Agreement at any time. If MyPlanEngine.com makes material changes or revisions to the Member Agreement, a notification will be displayed as a message/link on the site. It will be your responsibility to keep your email address valid at all times as well as monitor the site for any changes in terms of service. If you don't agree to the changes proposed by MyPlanEngine, or to any of the terms in this Member Agreement, your only remedy is to cancel your service without any refund.
1. THE BASICS OF YOUR MyPlanEngine.com MEMBERSHIP
This Agreement is your entire agreement with MyPlanEngine.com and governs your use of the MyPlanEngine.com Internet online service. To access MyPlanEngine.com service you must accept the terms of this Agreement. To be a member or to use a trial for MyPlanEngine.com products, you must be at least 18 years old. If you are not yet eighteen years old, you may still use MyPlanEngine.com, but only if the account was created and registered by your parent or guardian.
When you accept this Agreement and complete the MyPlanEngine.com registration process for either a trial or a membership, you become a member to MyPlanEngine.com. Each membership is to be used for one household. Illegal or improper use by someone to whom you have given permission to use your account puts your account at risk. So it is very important that you do not share your password with anyone. If your Membership is terminated for violating this Agreement, you will not be entitled to a refund. MyPlanEngine.com's express permission will be necessary before you are allowed to use MyPlanEngine.com again.
2. CHARGES, BILLING AND FREE TRIALS
MyPlanEngine.com reserves the right to change our fees or billing methods at any time and MyPlanEngine.com will provide notice of any such change at least thirty days in advance in the same manner described above for changes to the Member Agreement. Any notifications of changes will be sent to the email address that you provide for your account. So it will be your responsibility to keep your email address up-dated and valid at all times. MyPlanEngine.com also has the right to collect applicable taxes and impose premium surcharges for some areas of the service and these surcharges may apply even during your trial period. The answers to many common billing questions can be found by going to site and/or
contact a customer service representative by using link on the site. If you don't like the changes in fees
or billing methods, you may cancel your Membership at any time, but MyPlanEngine.com will not refund any
remaining portion of the monthly fee when you cancel your Member-ship. In addition, since certain services need
to be prepaid by MyPlanEngine at an annual rate, cancellation will result in upto three months service fees.
If you have joined MyPlanEngine.com as a trial Member, you should understand that your trial time must be used
within the free trial days of your initial sign-on and to avoid being charged a Membership fee, you must cancel
your account before the end of the free trial day (e.g. for 1 week free trial, you will need to cancel before the
7th day of your initial signup). Accounts are activated into a membership with the appropriate charge after
the trial period automatically. If you don't want a membership to be activated, you must cancel BEFORE the end of the trial date.
Once your account is activated into a membership with the appropriate charge, it will be renewed automatically, unless you cancel before the next billing date. If you do not want to continue with your membership, you must cancel BEFORE the next billing date. There will be no refunds for late cancellations, or cancellations that are made after the billing date.
To CANCEL, please contact us via the site.
3. TERMINATION AND CANCELLATION
Either you or MyPlanEngine.com may terminate or cancel your Membership at any time. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with MyPlanEngine.com. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or MyPlanEngine.com's enforcement or application of this Agreement; (2) any policy or practice of MyPlanEngine.com (3) the content available through MyPlanEngine.com (4) your ability to access and/or use MyPlanEngine.com; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
You can cancel your Membership by contacting us via the site. In case of third party payment service
such as PayPal, you are responsible for cancelling your paypal payment subcription vial the payment
service directly.
In the event that your account is terminated or canceled, no refund, including any Membership fees, will be granted; no online time or other credits will be credited to you or can be converted to cash or other form of reimbursement. Active MyPlanEngine.com Members may not allow former Members or other agents whose Memberships have been terminated to use their accounts.
You agree that you will bear the risk, without any liability whatsoever to MyPlanEngine.com, of the data available via MyPlanEngine.com including address, timings, phone numbers, location, safety, closures and any other data or activity related issues or problems. In any of these events, you are not to be entitled to any credit or refund, even pro rata, whether you are a trial member or a full member. In these events you may cancel or change your plan if you are not happy with your service. In addition, while MyPlanEngine and
CupidPA respects user privacy, it is necessary for us to share some of the information you provided us to
complete your service (including personalization) - By agreeing to this agreement, you are also consenting to
allow sharing of your information to other party service providers that we use or partner with.
4. RESPONSIBILITIES, LAW, AND LEGAL NOTICES
MyPlanEngine.com (CupidPA, INC.) makes no representation nor is responsible for making any representation regarding the worthiness, quality, safety, effectiveness, durability, design, manufacture, distribution, sales or use of any service, listing, data or product stated on the site or otherwise. MyPlanEngine.com (CupidPA Inc.) is under no obligation nor duty to provide anyone any information including but not limited to, governmental, company or media reports, stories or recalls, concerning the safety, worthiness, quality, safety, effectiveness, durability, design, manufacture, distribution, sales or use of any service, listing, data, or product stated on the site or otherwise. MyPlanEngine.com (CupidPA Inc.) shall not be liable to anyone with regard to any claim or action, in law or equity, for injuries or other damages relating to the safety, worthiness, quality, safety, effectiveness, durability, design, manufacture, distribution, sales or use of any service, listing, data, or product stated on the site or otherwise.
The Member Agreement represents your entire agreement with CupidPA. You agree that this Member Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of California, excluding its conflicts-of-law rules, govern this Agreement and your Membership. As noted above, Member conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with MyPlanEngine.com (CupidPA Inc.) or relating in any way to your Membership or your use of CupidPA resides in the courts of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of California in connection with any such dispute including any claim involving CupidPA or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
We provide you with the opportunity to update or correct your contact and billing information that we have on file. Just as you want to make sure that information MyPlanEngine.com (CupidPA Inc.) has about you is accurate, we want to keep only the most up-to-date information about your account. Therefore, whenever you believe that your contact or billing information needs updating, you may log in and go to the "Manage" page to change your information including password. From there you can select from the changes that you would like to make to your account.
Warranty Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS," AND WE MAKE NO (AND HEREBY DISCLAIMS ALL) WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE USE, MISUSE, OR INABILITY TO USE THE SERVICE (IN WHOLE OR IN PART).
The service is provided AS IS.
WE DO NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF THE SERVICE SHALL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS.
The service may have errors, may be interrupted, and may be subject to internet problems.
Limitation on Liability
TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL WE, OR OUR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES OR COSTS DUE TO LOSS OF PROFITS, DATA, USE OR GOODWILL, PERSONAL OR PROPERTY DAMAGE RESULTING FROM OR IN CONNECTION WITH THIS AGREEMENT OR THE USE, MISUSE, OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, EVEN IF WE HAVE BEEN NOTIFIED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL WE BE LIABLE FOR PROCUREMENT COSTS OF SUBSTITUTE PRODUCTS OR SERVICES.
We are not responsible for anything that happens resulting from your use of the service.
THE MAXIMUM LIABILITY OF BAGCHECK ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED U.S. $50. THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS WILL NOT INCREASE OUR LIABILITY. IN NO EVENT SHALL OUR SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT OR THE SERVICES.
Our liability to you will not exceed U.S. $50.
Our suppliers have no liability to you.
CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
Link to our Privacy Policy
Last updated: Aug 11th 2011