the COLLABORATIVE

PLANNERS COLLABORATIVE, INC.
TERMS AND CONDITIONS OF THE USE OF THIS SITE

General

Your use of the Collaborative, Inc. Website (the “Site”) constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein (the “Terms and Conditions”). If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. These Terms and Conditions of use are subject to change from time to time without notice. Your use of the Site following any change constitutes your agreement to be bound by the terms and conditions then in effect.

Use License

The Collaborative, Inc. grants you the non-exclusive permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement.

As a condition of your use of this Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. If you breach any of these Terms and Conditions, your authorization to use this Site automatically terminates, and you must immediately cease use of the Site, including any materials that you may have previously printed.

Copyrights

The Site, and all materials on this Site, including photographs, designs, illustrations, images and text are the copyrighted property of the Collaborative, Inc. and its affiliates. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site. For purposes of these Terms and Conditions, any use of the materials contained on this site or any other website or for any other purposes except as provided in the Use License is expressly prohibited.

Trademarks

The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered trademarks of the Collaborative, Inc. and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. The Collaborative, Inc. aggressively enforces its intellectual property rights to the fullest extent of the law. The Collaborative, Inc. name (and the names of its divisions) may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from the Collaborative, Inc.. the Collaborative, Inc. prohibits use of any links to the site unless establishment of such a link is approved in advance by the Collaborative, Inc. in writing. Fair use of the Collaborative, Inc.’s Trademarks requires proper acknowledgment. Other product and company names mentioned in this Site may be the Trademarks of their respective owners, and should not be used without the permission of the trademark owner.

Products and Services

The products and services displayed on this Site are available only to customers in the US. In addition, the Collaborative, Inc. reserves the right to limit quantities, and certain products may be in limited quantity and/or availability in certain areas from time to time. The Collaborative, Inc. is not responsible for any errors in pricing or product or service descriptions, including typographical errors. The Collaborative, Inc. reserves the right to change its products and service offerings and prices from time to time.

Links to Third Party Sites

This Site may contain links to sites owned or operated by parties other than the Collaborative, Inc.. Such links are provided for your reference only. The Collaborative, Inc. does not control outside sites and is not responsible for their content. The Collaborative, Inc.’s inclusion of links to an outside site does not imply any endorsement of the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does inclusion of the links imply that the Collaborative, Inc. is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk.

Feedback

Any comments or feedback you provide to the Collaborative, Inc. regarding the Site or the Collaborative, Inc.’s products or services are deemed to be non-confidential. This includes suggestions, ideas, comments or other submissions to the Collaborative, Inc., whether through the Site or otherwise. The Collaborative, Inc. shall be free to use such comments or feedback on an unrestricted basis, without compensation to you. You agree that no comments or feedback submitted by you to the Collaborative, Inc. will violate the rights of any third parties, including copyright, trademark, patent, privacy or other personal or proprietary rights.

Disclaimers of Warranties / Limitation of Liability

While the Collaborative, Inc. uses reasonable efforts to confirm the reliability and accuracy of information on the Site, there is no guaranty that such information is accurate, and therefore all information is provided on an “as is” basis.

The Collaborative, Inc. makes no representations about the accuracy, correctness or completeness of the content or the products or services associated with this site, or the suitability of the content, products or services on this site for any purpose. All such materials are provided “AS IS” without warranty of any kind, express or implied. The Collaborative, Inc. specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. The Collaborative, Inc. shall not have any liability or responsibility for any errors or omissions in the content of this site, for your action or inaction in connection with this site (including your purchase of products or services through this site) or for any damage to your computer or data or any other damage you many incur in connection with this site. Your use of this site is at your own risk. In no event shall either the Collaborative, Inc., its affiliates or agents be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out or in any way connected with the use of this site, the materials in this site, your purchase of products or services through this site, the delay or inbility to use this site or otherwise arising in connection with this site, whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages.

Your sole remedy for dissatisfaction with this site, site-related services, hyperlinked websites is to stop using the site and/or those services.

Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.

Contacting Us

If you have any questions about this agreement, please call us at 617-338-0018 or send us an e-mail. Although the Collaborative, Inc. will in most circumstances be able to receive your e-mail or other information provided through this Site (including, without limitation, service requests and other submissions), the Collaborative, Inc. does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that the Internet e-mail typically is not secure.

Jurisdiction and Governing Laws

You agree that this agreement and your use of this Site are governed by the laws of the Commonwealth of Massachusetts, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Boston, Massachusetts, USA in all disputes arising out of, relating to, or in any manner concerning this Site and/or this agreement. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. The Collaborative, Inc. has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

Arbitration

Any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Boston, MA, USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.

Miscellaneous

You agree that the Collaborative, Inc. may at any time and without notice change the terms, conditions and notices under which this Site is offered. The Collaborative, Inc. reserves the right in its sole discretion to deny access to the Site or any portion thereof to any person or user without notice.

You agree that no joint venture, partnership, employment or agency relationship exists between you and the Collaborative, Inc. as a result of this agreement or your use of this Site.

The Collaborative, Inc.’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of the Collaborative, Inc.’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by the Collaborative, Inc. with respect to such use.

This agreement constitutes the entire agreement between you and the Collaborative, Inc. with respect to this Site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Collaborative, Inc. with respect to this Site. No modification of this agreement shall be effective unless it is authored by the Collaborative, Inc. or its affiliates, or unless it is physically signed in blue ink by a the Collaborative, Inc. officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by the Collaborative, Inc. in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by the Collaborative, Inc. in printed form.

This document was last updated on May 20, 2011.

Copyright © 2012 the Collaborative, Inc. All Rights Reserved.