Terms of Service for publicplaniq.com
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines. Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
h. You agree to indemnify and hold harmless Public Plan IQ and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Public Plan IQ or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Public Plan IQ will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All original content and materials available on publicplaniq.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Public Plan IQ, and are protected by any and all applicable copyright and trademark laws. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any Public Plan IQ intellectual property on this site is strictly prohibited, unless expressly authorized in writing by Public Plan IQ.
All third party content republished on publicplaniq.com is owned by the respective authors of such content and used for informational purposes only. Public Plan IQ makes no claim of ownership to any such content nor does it warrant or guarantee the accuracy of the information contained in such content. Further, all trademarked names and images appearing on the third party content are the property of their respective owners. No affiliation or endorsement, express or implied, is provided by their use.
We respect the intellectual property of others, and we require that our users to do the same. On this page, you will find information about our copyright infringement procedures and policies.
Notification of Copyright Infringement
If you are a copyright owner (or an agent of a copyright owner) and believe material posted or linked to on our site infringes upon your copyright, you may submit a Notification of Claimed Infringement under the Digital Millennium Copyright Act (“DMCA”) by sending an e-mail to our Designated Copyright Agent containing the following information:
A clear identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works are posted on a single web page and you notify us about all of them in a single notice, you may provide a representative list of such works found at the site.
A clear identification of the material you claim is infringing on the copyrighted work, and information sufficient to locate that material on our website.
A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Your contact information so that we can reply to your notice, preferably including an e-mail address and telephone number.
The notice must be physically or electronically signed by the copyright owner or a person authorized to act on behalf of the owner.
Your written Notification of Claimed Infringement must be sent to our Designated Copyright Agent at the e-mail address listed below. We will review and address all notices that substantially comply with the requirements identified above. If your notice fails to substantially comply with all of these requirements, we may not be able respond to your notice.
We suggest that you consult your legal advisor before filing a Notification of Claimed Infringement. Please note that you may be liable for damages if you make a false claim of copyright infringement. Section 512(f) of the Copyright Act provides that any person who knowingly materially misrepresents that material is infringing may be subject to liability.
Counter Notification of Copyright Infringement
If you believe material was removed in error, you may send a Counter Notification to our Designated Copyright Agent at the e-mail address provided below.
To file a Counter Notification with us, you must send us an e-mail that sets forth the items specified below:
Identify the specific file or URL of material that we have removed or to which we have disabled access.
Provide your full name, address, telephone number, and e-mail address.
Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Atlanta, Georgia if your address is outside of the United States), and that you will accept service of process from the person who the provided notification of claimed infringement to which your notice relates or an agent of such person.
Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
Sign the notice. If you are providing notice by e-mail, an electronic signature or scanned physical signature will be accepted.
If we receive a Counter Notification from you, we may forward it to the party who submitted the original Notification of Claimed Infringement. The Counter Notification we forward may include some of your personal information, such as your name and contact information. By submitting a Counter Notification, you consent to having your information revealed in this way. We will not forward the Counter Notification to any party other than the original claimant unless required or expressly permitted to do so by law.
After we send out the Counter Notification, the original claimant must respond to us within 10 business days stating that the original claimant has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on our web site.
We suggest that you consult your legal advisor before filing a Counter Notification of Copyright Infringement. Please note that you may be liable for damages if you make a false claim. Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.
Please note that we may not be able to contact you if we receive a Notification of Copyright Infringement about material you posted online. In accordance with our Terms of Service, we reserve the right to remove any content posted on our web sites at any time at our sole discretion.
Termination of Subscriber Accounts
It is our policy, in what we deem in our sole discretion to be appropriate circumstances, to disable and/or terminate the accounts of users, subscribers or account holders who repeatedly infringe the copyrights or other intellectual property rights of others.
Designated Copyright Agent Contact Information
Notices with respect to this web site should be sent to:
|Legal name and address:||Public Plan IQ, LLC|
|Names doing business under:||PPIQ; Public Plan IQ; publicplaniq.com|
|Designated Agent:||Gene Luciani, General Counsel|
|Address of Agent:||100 Glenridge Point Parkway
Atlanta, GA 30342
The Designated Copyright Agent should be contacted only about notices regarding alleged copyright. Any other feedback, comments, requests for technical support, and other communications should be directed to customer service at [email protected].
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This website is controlled by Public Plan IQ, LLC from our offices located in the state of NJ, US. It can be accessed by most countries around the world. As each country has laws that may differ from those of NJ, by accessing our website, you agree that the statutes and laws of NJ, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in US, NJ You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, Public Plan IQ EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
Public Plan IQ
30 Montgomery St., Suite 230
Jersey City, NJ 07302 US