Terms & Conditions

By using the SpanPlan.com web site ("Service"), all services of SPAN Enterprises. ("SPAN Enterprises") you are agreeing to be bound by the following terms and conditions ("Terms of Service"). SPAN Enterprises reserves the right to update and change the Terms of Service from time to time without notice. Any new features that enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at:http://www.SpanPlan.com/Home/Terms of Use

Violation of any of the terms below will result in the termination of your Account. While SPAN Enterprises prohibits such conduct and Content on the Service, you understand and agree that SPAN Enterprises cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

You must be 18 years or older to use this Service.
You must provide your legal full name, a valid email address, payment information (user will not be charged until after the trial period ends), and any other information needed in order to complete the sign up process.
Your login may only be used by one person - a single login shared by multiple people is not permitted. Furthermore, one person may not maintain more than one free account.
You are responsible for maintaining the security of your account in terms of protecting your password. SPAN Enterprises cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all content posted and activity that occurs under your account. This includes content posted on your SpanPlan website and blog. It is up to you to comply with any public posting or social media guidelines set by your company.
You may not use the Service for any illegal or unauthorized purpose. You must comply with all laws in your jurisdiction (including copyright and trademark laws) while using SpanPlan.

Payments, Returns, Upgrades and Terms

A valid credit card is required to validate each individual user.
When you sign up for a Free Trial Version, you are not charged any fees. After the trial period expires you will have the choice to continue using SpanPlan or cancel your subscription. We will Not auto-bill you when your free trial expires. If you choose to continue, you will be billed the prorated amount immediately for the remainder of the billing cycle and then monthly starting on the next billing cycle. If you cancel prior to the end of your Free Trial, you will not be charged. Users must fill out the cancel subscription form to end their subscription. Email or phone cancellations are not valid methods of unsubscribing from the Service.
The Service is billed in advance on a monthly basis (the 20th of every month) and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. Exceptions can be made for special circumstances.
Our fees do not include taxes imposed by taxing authorities, and you shall be responsible for payment of all such taxes.
It is the user's responsibility to cancel their account. Refunds WILL NOT be issued to those that forgot about the program, did not use the program, or canceled through improper channels (see Cancellation and Termination).
SPAN Enterprises does not guarantee the accuracy of quotes or contracts. Refunds will not be issued for miscalculation or incorrect pricing. It is the user's responsibility to double check all invoices, products, and contracts.
SpanPlan has the right to charge for any portion of our services and to change the service fees at any time with or without notice to the users. Memberships that are terminated due to a breach of Agreement will not be entitled to a refund of any unused portion of fees or payments.

Changes to the Service and Prices

SPAN Enterprises reserves the right at any time --and from time to time for updating purposes-- to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice. Such notice may be provided at any time by posting the changes to the SpanPlan Site (www.SpanPlan.com) or the within the Service itself.
SPAN Enterprises shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
All features stated on the pages of SpanPlan.com (Pricing, Features, etc.) are available in the Service. Any new features and additions are considered extra or bonus features. These features are offered to existing users free. SPAN Enterprises reserves the right to charge users for the use of premium features.
Because the Service is web (online) software, new features added into the Service may occasionally have unintentional bugs. SPAN Enterprises will work quickly to efficiently resolve any technical kinks as soon as they are encountered. Encountering and reporting a bug or glitch does not entitle users to free service, refunds, credit, or kickback from SPAN Enterprises.
The Service is optimized to run on all of the major web browsers. It is not, however, guaranteed to run the same on all of them—or on other lesser known browsers. Some browsers may experience slower load times, slightly different shades of color, compatibility errors, and other minor differences.
The Service can be used from a mobile browser, but it is not guaranteed to do so.

Cancellation and Termination

You are solely responsible for properly canceling your account. Users must fill out the cancel subscription form to end their subscription. Email or phone cancellations are not valid methods of unsubscribing from the Service.
Some content (like contacts or invoices) can be exported before account termination. A users profile and account information will be held for 60 days after termination. After the 60 day period, the information will be purged from the system.
SPAN Enterprises does not accept any liability for loss of content due to account cancellation.
If you cancel the Service before the end of your current paid month, your cancellation will take effect immediately and you will be charged the prorated amount for the days you used the Service.
SPAN Enterprises, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other SPAN Enterprises service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. SPAN Enterprises reserves the right to refuse service to anyone for any reason at any time.
Any promotional offers (Domains registered, custom website designs, custom newsletter themes, discounts or any other offers) are valid only if you are a paid subscriber for a year, otherwise the promotional offers will be charged at the listed price.

Inactive accounts, Credit card expiration or Declines.

Please note that allowing a credit card to expire or not submitting payment by check regardless of invoice receipt status will result in automatic cancellation of your account after a period of 60 days. Notice will be send to the email on record if a card is declined. We may also follow-up by phone or mail.

Content Ownership

We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, you agree to allow others to view and share content on your public site. Options are available for private viewing and permissions.
It is up to you to manage and keep track of who has permission to view the private pages and documents on your website.
SPAN Enterprises does not pre-screen Content, but SPAN Enterprises and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
The look and feel of the Service is copyrighted © 2010 SPAN Enterprises, LLC All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from SPAN Enterprises.
When linking to other websites you agree to follow the relevant terms and conditions of the site you are linking to.
It is your responsibility to follow the content guidelines and rules of your company when posting content to your un site.
SpanPlan is free to promote your site through marketing materials, on-site promotions, and conventions.
SPAN Enterprises is not responsible for the content you put on your website. SPAN Enterprises highly recommends users to consult copyright laws and rules for any content or media before posting to a SpanPlan site. SPAN Enterprises does not allow any unauthorized content without explicit copyright permissions. The following are not allowed:

Copyright and Limited License

The Site and all Photos, text, video, code and other content and materials on the Site and the selection and arrangement thereof (collectively, the "Site Materials") are the property of SPAN Enterprises or its licensors or users and are protected by United States and international copyright laws. Except as otherwise expressly permitted in writing, the license does not include, and you agree to refrain from:

the collection, copying or distribution of any portion of the Site or the Site Materials;
any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Site or any of the Site Materials;
modifying or otherwise making any derivative uses of the Site or any of the Site Materials;
scraping or otherwise using any data mining, robots or similar data gathering or extraction methods;
with the exception of your own material, or others available for download, the downloading of any portion of the Site, the Site Materials or any information contained therein; or
any use of the Site or the Site Materials other than for their intended purposes.

In accordance with the Digital Millennium Copyright Act and other applicable law, SPAN has adopted a policy of terminating, in appropriate circumstances and at SPAN's sole discretion, account holders who are deemed to be repeat copyright infringers. SPAN may also, at its sole discretion, limit access to the Site and/or terminate any account holders who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others is strictly prohibited. SPAN Enterprises is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also our policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Obscene Speech or Materials -- Using SpanPlan network/resources to advertise, transmit, store, post, display, or otherwise make available pornography or obscene speech or material is strictly prohibited. Also, we are required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through our network/resources.

Defamatory or Abusive Language -- Using our network/resources as a means to transmit or post defamatory, harassing, abusive, or threatening language is strictly prohibited.

1. Enforcement: Actions. SPAN Enterprises reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or potentially in violation of any laws. If we become aware of any possible violation by you of this Agreement, any related policies or guidelines, third party rights or laws, SPAN Enterprises may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on SPAN Enterprises's systems, and/or (d) disabling or removing any hypertext links to third-party Web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by SPAN Enterprises which, in SPAN Enterprises's sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes SPAN Enterprises to civil or criminal liability or public ridicule. It is SPAN Enterprises's policy to terminate repeat infringers. SPAN Enterprises's right to take corrective action, however, does not obligate us to monitor or exert editorial control over the information made available for distribution via the Services. If SPAN Enterprises takes corrective action due to such possible violation, SPAN Enterprises shall not be obligated to refund to you any fees paid in advance of such corrective action.

2. Also that we should be protected at all times for any possible legal action:
Indemnification. You will defend, indemnify, release and hold harmless SPAN Enterprises and its officers, directors, shareholders, employees, consultants, agents, affiliates, subsidiaries, and suppliers (an 'Indemnitee') from any and all threatened or actual claims, demands, causes of action, suits, proceedings (formal or informal), losses, damages, fines, penalties, liabilities, costs and expenses of any nature, consequential damages, including but not limited to attorneys' fees and court costs, sustained or incurred by or asserted against any Indemnitee by any person, firm, corporation, governmental authority, partnership or other entity by reason of or arising out of or relating to: (i) your violation or breach of any term, condition, representation or warranty of this Agreement or any applicable policy or guideline; (ii) your conduct, including but not limited to, your negligence, gross negligence, or willful misconduct; (iii) your improper or illegal use of the Services; (iv) any claim by a former employee of yours whose employment has been or may be terminated in connection with or as a result of the execution of this Agreement and performance of the Services by SPAN Enterprises; (v) any claim relating to your services or products, including but not limited to advertising, product liability claims or infringement of any trademark, copyright, patent, trade secrets or non-proprietary right of a third party (including, without limitation, defamation, libel, or violation of privacy or publicity); (vi) Customer's use of SPAN Enterprises's services and facilities provided to Customer under this Agreement; even if SPAN Enterprises has been advised of the possibility of such damages; and (vii) SPAN Enterprises's and/or an Indemnitee's own conduct, including but not limited to, negligence, gross negligence, or willful misconduct.

Conditions

Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
Technical support is only provided to paying account holders and is available via the help center, videos, email, chat, and phone. SpanPlan Staff will return support requests on a first-come, first-served basis.
The Rosebud Plan is available only through SpanPlan members registered with the Director plan. This exclusive complimentary account is for new consultants only. SpanPlan reserves the right to terminate any Rosebud account for any reason, at any time.
You understand that SPAN Enterprises uses third party vendors to provide the necessary hardware, software, networking, storage, and related technology required to run the Service and may not be able to solve all problems immediately.
You understand that SPAN Enterprises employs a number of technical professionals in other countries and that support hours are for Eastern Time only.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, SPAN Enterprises, or any other SPAN Enterprises service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by SPAN Enterprises.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any SPAN Enterprises customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not transmit any worms or viruses or any code of a destructive nature.
If your use of the Service causes a detriment to other users--using too much bandwidth, uploading malicious content, uploading and sharing illegal files--SPAN Enterprises reserves the right to pause, shut down, cancel, or terminate your account without notice or refund.
SPAN Enterprises does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected. The Service is being improved and modified constantly, and bugs and glitches are being ironed out.
You expressly understand and agree that SPAN Enterprises shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SPAN Enterprises has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of SPAN Enterprises to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and SPAN Enterprises and govern your use of the Service, superseding any prior agreements between you and SPAN Enterprises (including, but not limited to, any prior versions of the Terms of Service).
SpanPlan uses a third party company in order to facilitate Text Blast. This feature should work with most major carriers, but compatibility is not guaranteed. An approval text must be sent to all contacts, and they must then approve your texts before you can send messages to them. All contacts will need to either accept or deny text messages from you. Only contacts who have approved text messages will receive your messages. Standard Text Messaging rates apply to all those who opt in to receive Text Blast messages from you.
SpanPlan collects information for promotional, marketing, and customer support purposes. This information is not shared, sold, or distributed to third parties or other companies.
SpanPlan reserves the right to promote our services through the use of small ads, links or text boxes in the header & footer section of all websites hosted on our servers.
During business hours, all customer support chat requests, emails and phone calls will be answered on a first come, first serve basis. Please be patient, the customer support team will do their best to respond in a timely manner. All emails, offline chat requests and voice messages will be responded to within one business day.
When sending out bulk email marketing campaigns, it is possible that some email providers may mark the messages as spam, and could block the sending IP address. Email marketing campaigns sent through SpanPlan are not guaranteed to pass spam filters and junk mail folders of every email provider. SpanPlan is not responsible for unaccepted or junked emails.
The Facebook and Twitter integration features are strictly program to program. By using them, you are authorizing SpanPlan to have access to specific functions to send updates, links, etc. to your desired accounts. Your login credentials for third party programs are confidential. By using these features, you are expected to abide by the Terms of Service of those respective programs.
If requested, technical and customer support specialists can view a user's account using administrative controls to identify an issue. The administrative controls are view only--lists and buttons are grayed out and customer and financial information is inaccessible
We may, from time to time perform maintenance upon the Services or experience hardware, software or other problems related to the Services, resulting in interrupted service, delays or errors in the Services.
We will attempt to provide prior notice of such interruptions, delays or errors but cannot guarantee that such notice will be provided.