Terms of Service

Last Updated: February 05, 2017

Welcome to Aisle Planner!

Thank you for taking the time to visit our website www.aisleplanner.com and explore our cloud based suite of services that collectively make up our Platform. The terms below govern your visit to our Platform whether as a guest, subscriber or any other type of user.

Aisle Planner Scope of Services

AislePlanner.com is a cloud-based web application (app) made up of a suite of tools that enables users (event professionals, creative professionals, venues, vendors, clients and related parties) to work and collaborate together on projects and events on a singular cloud based platform. Tools include project management and collaboration tools, business management tools (sales, contracts, booking and merchant services tools), client management, marketing, publishing and advertising tools.

Through optional services provided on the Aisle Planner Platform, Aisle Planner provides a marketplace where businesses can promote and showcase their goods and services to visitors to the site for the purpose of selling, purchasing or consuming goods and services.

THESE TERMS OF SERVICE CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (A) YOU WILL ONLY HAVE ONE (1) YEAR TO FILE A CLAIM (B) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (C) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

1. Terms of Service

a. These terms of service (“Terms of Service”) are a binding contract, which is entered into by and between you the user (referred to as “User”) of the Aisle Planner Website and/or Web Application, collectively referred to as the (“Platform”) as a Visitor, Guest, Subscriber, Invited Contributor, Vendor, Company or Other user, registered user, or subscriber (“You” or “User”) and Aisle Planner, Inc. ("Company", "We", “Our” or "Us").

b. The Terms of Service govern your access to: website, www.aisleplanner.com, blog, community.aisleplanner.com, including any content, functionality and services offered on or through www.aisleplanner.com (the application) or other Company affiliated web based services, collectively referred to as the “Platform” in this document.

c. Please read the Terms of Service carefully before you start to use the Platform. By using the Platform and/or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy.

d. Lastly, if you choose to publish a photo, blog or other related content though our “Publishing” feature you agree to the above reference agreements and our Content Submission Agreement.

e. By using this Platform, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet all specified requirements, you must not access or use the Website or any of its services.

f. If you do not want to agree to these Terms of Service you must not access or use the Website, or any of its services.

2. Changes to the Terms of Service

a. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised (see date). We will also notify Users, either through the App, in an email notification or through other reasonable means. You may be required to accept any changes to the Terms of Service before being able to continue using the Platform.

b. Your continued use of the Platform following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, since they are binding on your use of Platform .

3. Fee-Based Subscriptions

a. To access portions of the Platform or utilize select features within the Platform you may be required to subscribe to the Platform and, in some instances, agree to subscribe to fee-based Services as part of the access to the Platform.

b. Charges for fee-based subscription Services are billed in advance and are recognized on a monthly basis, prorated daily.

c. Every time you use a fee-based Service, you reaffirm that (a) we are authorized to charge your designated payment method; (b) we may submit charges incurred under your account for payment; and (c) you will be responsible for such charges, even if your account is canceled by you or terminated by us.

d. Subject to the terms of the Terms of Service, and in consideration of payment, Aisle Planner grants you a singular, non-exclusive, non-transferable, limited license to access and use the Platform and Services.

e. We, in our sole discretion, may change or discontinue any or all aspects of a fee-based Service without notice, including access to support services, content and other products or services ancillary to the fee-based Service.

f. We may change our fees and billing methods at any time. We will provide you with notice of any change in your pricing at least thirty (30) days in advance. If you disagree with any proposed change, your sole remedy is to cancel your fee-based Service before the price change takes effect. Your continued use after the price change takes effect constitutes your agreement to pay the new price for the Service. We will not refund any charges if you choose to cancel your account for this reason.

g. After 9 days from the date of any unpaid charges, your fee-based Service will be deemed delinquent and we may terminate or suspend your account and fee based Service for nonpayment. We reserve the right to assess an additional 1.5 percent late charge (or the highest amount allowed by law, whichever is lower) per month if your payment is more than 30 days past due and to use any lawful means to collect any unpaid charges. You are liable for any fees, including attorney and collection fees, incurred by us in our efforts to collect any remaining balances from you.

h. You are responsible for all charges incurred under your account, including applicable taxes, fees, surcharges, and purchases made by you or anyone you allow to use your account (including your family, friends, or any other person with implied, actual, or apparent authority) or anyone who gains access to your account resulting from your failure to safeguard your username, password, or other authentication credentials or information.

i. You must notify us about any billing problems or discrepancies within 90 days after they first appear on your billing method statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

j. You may cancel or we may terminate a fee-based Service at any time. You can cancel a fee-based Service from the SUBSCRIPTIONS AND BILLING tab within the USER SETTINGS menu. Cancellation will take effect immediately upon receipt of your request. We will send you email confirmation of the cancellation of a fee-based service.

k. If your fee-based Service is canceled or terminated, any data you have stored on such Services may not be retrievable.

l. If as a “User” you decide to terminate you account, all data must be removed from the system prior to deleting your account. Once an account is terminated, any data you had in the Platform will not be retrievable.

m. Non-fee-based “Users” may be terminated if you do not sign on a Service with your username at least once every 90 days. If you are registered for fee-based or term-specific Services, we will not terminate your username or account unless they are subject to being terminated for some other reason. In addition, an individual Service may require you to sign in and use the Service periodically to remain active on that Service. If you fail to remain active on a specific Service, we may deactivate your access and use of that Service.

4. Platform Access

We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users. You are responsible for: (a) making all arrangements necessary for you to have access to the Platform; and (b) ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Service and comply with them.

5. User Account Creation, Privacy and Security

a. To access portions of the Platform or utilize select features within the Platform that you may be required to register or to subscribe, you will be asked to create a user name and a password for your account to access and protect your account.

b. If you choose to create an account, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by Our registration form.

c. When you create your user name and password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and the information contained within your account is private and governed by Our Privacy Policy. You are responsible for maintaining security and control over your login and password information and for all activities that occur under your account. You agree to notify us immediately if and when any unauthorized access to or use of your user name or password or any other breach of security has occurred. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You also agree to ensure that you log out and exit from your account at the end of each session.

6. Mobile Services and Access

You are responsible for obtaining at your own expense all equipment and services needed to access our Platform. If you are accessing our Platform by a mobile device, your wireless carrier may charge you fees for data and other wireless access or communications services. We do not guarantee that our services can be accessed through all wireless devices or service plans or are available in all geographical locations. If you elect to store authentication information, such as a username and password, where others may access it, we are not responsible for any loss of personal data or other consequences if someone other than you uses that information to access our Platform or services. If you lose a device, such as a laptop, desktop, or smartphone, or a device is stolen containing your username and password, it is up to you to take all the steps necessary to protect yourself and your account information.

7. Customer Support

a. Aisle Planner takes user satisfaction very seriously and as such has a variety of methods for “Users” to access, contact or communicate with customer service.

b. When contacting customer support in an effort to resolve any issues within a Users account, User grants customer support team access to “Users” account with regards to providing support directly relating to the immediate issue.

8. Third Party Advertisers

a. We take your privacy very seriously, as such Aisle Planner does not allow access to, sell or share your personal information with advertisers or third parties of any kind. Please refer to our Privacy Policy with regards to the protection of your personal data and account information.

b. Some content or applications, including advertisements, on the Platform are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based advertising or other targeted content.

c. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

9. Intellectual Property Rights

a. The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

b. The provision of any rights not expressly granted herein requires express permission from Aisle Planner Inc. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: customercare@aisleplanner.com.

c. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Service, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights, not expressly granted, are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

d. If you provide Company any feedback or suggestions regarding the Website or services ("Feedback"), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

10. Trademarks

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

11. Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website: (1) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (2) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (3) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use; (4) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation; (5) to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); (6) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability; (7) in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website; (8) use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (9) use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; (10) use any device, software or routine that interferes with the proper working of the Website’ (11) introduce any viruses, or other material which is malicious or technologically harmful; (12) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; (13) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; (14) Otherwise attempt to interfere with the proper working of the Website.

12. User Contributions and Publishing

This Website may contain interactive features that allow specific types of Users to submit, publish and display content on the Platform through our publishing function. When such submission is made, User (Publisher) will have the opportunity to review and agree to our Content Submission Agreement and all such published content will be done in accordance with the terms our Privacy Policy.

13. Monitoring and Enforcement; Termination

a. We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

b. However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

14. Reliance on Information Posted

a. The information presented on or through the Aisle Planner Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Aisle Planner Platform, or by anyone who may be informed of any of its contents.

b. This Aisle Planner Platform may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

c. We may update the content on this Aisle Planner Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Aisle Planner Platform may be out of date at any given time, and we are under no obligation to update such material.

15. Information About You and Your Visits to the Platform

All information we collect on this Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

16. Purchases and Payment

a. As part of the Platform, Aisle Planner Inc. provides payment-processing services through a business relationship with merchant services partner Stripe Inc. www.stripe.com. Users must agree to the Stripe Connected Account Agreement to use this service.

b. Users must set up their payment services account within Stripe via the Platform, which may require identity verification, which may include asking user to provide a form of government identification (e.g. driver’s license or passport), your date of birth, your address, and other information requiring you to take steps to confirm ownership of your email address and bank account, as well as Payment Methods or Payout Methods; or attempting to screen your information against third party databases for the purpose of identity verification. We reserve the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.

c. “Users” can request payments, send and receive payments through the Platform. Company does not assume, and is not responsible or liable for any transactions that take place through the Platform, within a User’s account, or between two users, outside parties or others using the payment processing system.

d. Users are responsible for any and all taxes, government fees and/or other transaction related fees. Aisle Planner is NOT responsible or liable for collecting, processing or payment of any fees relating to the transactions processed through the Platform.

e. Processing fees relating to Payment Services can be found in the Invoicing and Online Payments FAQ section of our community site.

f. Stripe Inc. is a service provider and is NOT a part of Aisle Planner Inc. or its affiliates. By setting up online payments on the Platform and using Stripe services as part of our Platform, User agrees to the Stripe Connected Account Agreement provided by Stripe.

17. Linking to the Platform and Social Media Features

a. You may link to our Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

b. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

18. Links from the Platform

a. Aisle Planner may contain links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Aisle Planner has no affiliation to nor do we warranty, have control over or endorse the contents of those sites or resources, and, as such Aisle Planner accepts no responsibility for them or for any loss or damage that may arise from your decision to use of them. If you decide to access any of the third party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

b. Aisle Planner may contain links to websites of other companies that Aisle Planner has affiliations with and may receive compensatory benefit from for inclusion on the Platform. These links are provided for your convenience only with no or expectation or requirement for our users to click or visit companies participating in these relationships. This includes links contained in advertisements, including banner advertisements and sponsored links. Aisle Planner does not warranty, have control over or endorse the contents of those sites or resources, and, as such Aisle Planner accepts no responsibility for them or for any loss or damage that may arise from your decision to visit, use or purchase products or services from them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

19. Geographic Restrictions

Aisle Planner Inc. is a US corporation registered in the state of Delaware. Company makes no representations or warranties that any materials, services, or other uses of the Platform will be available or appropriate in any specific location. It is the User’s responsibility to comply with their local laws at all times during use and access of the Platform; access to the Platform may not be legal by certain persons or in certain countries.

20. Disclaimer of Warranties

Your use of the Aisle Planner Platform is completely voluntary and at your own risk. We provide services, User accounts, and many User tools within a cloud based Platform. Company does not assume, and is not responsible or liable for any transactions that take place on the Platform, within a User’s account, or between two users, outside parties or others. For example, if a User utilizes our system to send a contract or invoice, User is solely responsible for such content and Company is not responsible for contract clauses, authenticity, or legality. Company would not be responsible for accuracy of invoices, taxes, or collections. Your interactions with other Websites or service users are solely between you and such user. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Website user, we are under no obligation to become involved. Company is not responsible for any transactions that take place through the Website or otherwise, Company hereby disclaims all warranties of any kind as follows:

YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

21. Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS FOUNDERS, INVESTORS, AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

22. Indemnification

You agree to defend, indemnify and hold harmless Aisle Planner Inc (the Company), Founders, Officers, Directors, Investors, Employees, Affiliates, and/or their licensors, service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Website.

23. Governing Law and Jurisdiction

a. All matters relating to the Platform and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

b. Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of California and County of San Diego although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

24. Use of Arbitration as Remedy

At Company's sole discretion, it may require You to submit any disputes arising from the use of these Terms of Service or the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

25. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

26. Waiver and Severability

No waiver of or by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

27. Entire Agreement

The Terms of Service for Aisle Planner Inc. constitute the sole and entire agreement between you and Company with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.

28. Your Comments and Concerns

This Platform is operated by Aisle Planner, Inc.

All notices of copyright infringement claims should be sent to the customercare@aisleplanner.com.

All other feedback, comments, requests for technical support and other communications relating to the Platform should be directed to: customercare@aisleplanner.com or Aisle Planner Inc. PO Box 34, Cardiff By The Sea, CA 92007

Privacy Policy

Last Updated: July 23, 2013

Aisle Planner Inc. (“Company”) is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from users of our website, located at [www.aisleplanner.com], (“Site”) and Services (as defined in the Terms of Service). Capitalized terms not defined in this Privacy Policy have the meanings given in our Terms of Service located at www.aisleplanner.com/legal.

User Consent. By submitting Personal Data through our Site or Services, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use and disclosure of your Personal Data in accordance with this Privacy Policy.

Types of Data We Collect. “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.

Browser Information. When you enter this Site, Personal Data is gathered from your Internet browser. This information may include your IP address (which allows us to determine the identity of your Internet service provider), your operating system, the type of browser software that you are using to access this site, domain name and/or a date/time stamp for your visit. This information allows us to upgrade this site as necessary to optimize its efficiency.

Cookies. We may use cookies to collect information about how you use this site and the services, products and information on this site. A “cookie” is a small text file that a website can place on your computer’s hard drive in order, for example, to retain your preferences or registration information for your next visit to such website. The cookie transmits this information back to such website’s operator. You can choose not to receive a cookie file by enabling your browser to refuse cookies or prompt you before accepting a cookie. Note that refusing to accept cookies may impact the performance of this site.

Personal Data. Certain portions of this Site or the Services, products and information on this site are “registration-required” pages that require you to submit Personal Data before we grant you access. We may collect Personal Data from you, such as your first and last name, gender, e-mail and mailing addresses, password and phone number when you register to log in to our network. When you order Services on our Site, we (or our third party payment processor) will collect all information necessary to complete the transaction, including your name, credit card and billing information. We retain information on your behalf, such as files and messages that you store using your account. If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply. When you post messages on the message boards of our Site, the information contained in your posting will be stored on our servers and other users will be able to see it. We also collect other types of Personal Data that you provide to us voluntarily if you contact us via e-mail regarding support for the Services. When you participate in one of our surveys, we may collect additional profile information. We may also collect Personal Data, such as at other points in our Site that state that Personal Data is being collected.

Use of Personal Data. In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Data in the following ways: to facilitate the creation of and secure your account on our network; to identify you as a user in our system; to provide improved administration of our Site and Services; to provide the Services you request; to improve the quality of experience when you interact with our Site and Services; to send you a welcome e-mail to verify ownership of the e-mail address provided when your account was created; to send you administrative e-mail notifications, such as security or support and maintenance advisories; to respond to your inquiries related to employment opportunities or other requests; to solicit your feedback; and to send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes of Company.

Creation of Anonymous Data. We may create Anonymous Data records from Personal Data by excluding information (such as your name) that make the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation. Company reserves the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in its sole discretion.

Sharing of Personal Information. We may share the Personal Data you disclose to us on this Site. Within our Company, we limit access to such information to authorized individuals. However, we may also disclose such information to affiliated and unaffiliated third parties who work with us on marketing, product development, service enhancement, technical support and other similar matters related or complimentary to our products or Services. We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy. If another company acquires our company, business, or our assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy. Regardless of any choices you make regarding your Personal Data (as described below), Company may disclose Personal Data if it believes in good faith that such disclosure is necessary in connection with any legal investigation; to comply with relevant laws or to respond to subpoenas or warrants served on Company; to protect or defend the rights or property of Company or users of the Services; and/or to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or Terms of Service.

Third Party Marketing. We may enter into agreements with third party companies that may want access to Personal Data that we collect. As a result, we may disclose your Personal Data to a third party company; however, we will not disclose your Personal Data to third party companies for the third party companies’ own direct marketing purposes, unless you have “opted-in” by following the instructions we provide to allow such disclosure. If you have opted-in to receive e-mail communications from a third party company and later wish to discontinue receipt of these e-mails, please contact such company directly to update your preferences. The privacy policies of third party companies may apply to the use and disclosure of your Personal Data that we collect and disclose to such companies. Because we do not control the privacy practices of third party companies, you should read and understand their privacy policies

Third Party Data Collection. We use third-party advertising companies to serve ads when you visit our Site. These companies may collect and use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services to you. When you click on a link to any other website or location, you will leave our Site and go to another site and another entity may collect Personal Data or Anonymous Data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of data after you click on links to such outside websites.

Choices. We offer you choices regarding the collection, use, and sharing of your Personal Data. Should you voluntarily provide your Personal Data to us, you may receive periodic e-mail messages from us. Such messages may include announcements regarding this Site and Services, products and information on this Site. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Despite your indicated e-mail preferences, we may send you service related communication, including notices of any updates to our Terms of Service or Privacy Policy.

Changes to Personal Data. You may change any of your Personal Data in your Account by [editing your profile within your account. You may request deletion of your Personal Data by us, but please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may retain your information for fraud or similar purposes.

Security Precautions. Company is committed to protecting the security of your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure; however, you should exercise discretion with respect to the submission of any Personal Data to this Site. We also require you to enter a password to access your account information. Please do not disclose your account password to unauthorized people. Transmitting information via the Internet is never completely secure and, therefore, any information submitted may be intercepted, collected, used or disclosed by others.

Not Intended for Children. This Site is for use by persons age 13 or older. We will not intentionally solicit, collect or maintain personal information from children under the age of 13. We will terminate your use of this Site or the Services, products and information on this Site if we obtain knowledge that you are under the age of 13.

Users Outside of the United States. Your information may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of information may be less stringent than the laws in your country.

Terms of Service. By using this site, you accept our standard Terms of Service. Nothing in this Privacy Policy limits or qualifies our standard Terms of Service or any other agreement on this Site, all of which should be reviewed by you in their entirety.

Plaid Privacy Policy Aisler Planner uses Plaid Technologies, Inc. (“Plaid”) to gather End User’s data from financial institutions. By using our service, you grant Aisle Planner and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the "Plaid Privacy Policy".

Effective Date. This Privacy Policy is effective as of February 12th, 2017. We reserve the right, at our sole discretion, to change, modify, add or remove any portion of this Privacy Policy, in whole or in part, at any time, which shall be effective when notice of such is posted on this Site.

Questions. Any questions about this Privacy Policy should be addressed to: Aisle Planner Inc. P.O. Box 34 Cardiff by the Sea, CA 92007

Stripe Connected Account Agreement

Last Updated: February 04, 2017

About Stripe Connect — Connected Accounts

Thank you for using Stripe Connect. Stripe Connect allows third-party platform providers to help you create and administer your Stripe account, and may provide additional services directly to you or your customers. This agreement governs your use of Stripe Connect and describes how a platform provider may help you manage your Stripe account. Any platform provider that uses Stripe to accept payments or manage your Stripe account must inform you that it does so.

Stripe Connected Account Agreement

This Stripe Connected Account Agreement is a legal agreement (“Connected Account Agreement”) between you, the person or legal entity (including sole proprietors) that you identified to Stripe on the registration page or provided to a Connect Platform (“Connected Account” or “you”) and Stripe (“Stripe”). Your use of the Services is subject to your acceptance of the terms and conditions of this Connected Account Agreement. Your continued use of the Services represents your express consent to the terms and conditions contained in this Connected Account Agreement, including the Stripe Services Agreement (“Stripe Services Agreement”), and updates or modifications that may be made occasionally by Stripe. The Stripe Services Agreement may also incorporate separate agreements with financial services providers (each a “Financial Services Provider”).

This Connected Account Agreement governs your use of Stripe Connect and management of your Connected Account by Connect Platforms. This management includes use and administration of data about you or your transactions provided to Stripe (“Data”) and initiating Activity. As used in this Connected Account Agreement, any action submitted using the Stripe Connect API on behalf of a Connected Account is referred to as “Activity,” which includes initiating charges or Refunds, handling Chargebacks or disputes, and other functions available through Stripe Connect. You represent to Stripe that all of the information that you provide to us directly or through the Connect Platform is accurate and complete, and that you are authorized to agree to this Connected Account Agreement on behalf of the Connected Account. You agree to the terms and conditions provided in this Connected Account Agreement and to the Stripe Services Agreement, and understand that your use of the Services and Stripe Connect are subject to your acceptance of these terms and conditions.

1. Relationship to Other Agreements

By using Stripe Connect, including the Services, you expressly agree to abide by the terms and conditions of this Connected Account Agreement, the Stripe Services Agreement, and to any updates or modifications to either of those documents that may occasionally be made by Stripe. The Stripe Services Agreement is incorporated into this Connected Account Agreement by reference as it relates to your use of the Services. This Connected Account Agreement contains additional terms and conditions relating to your use of the features of Stripe Connect made available to Connected Accounts. To the extent that there is a conflict between the Stripe Services Agreement and this Connected Account Agreement related to your use of Stripe Connect, this Connected Account Agreement will prevail. Nothing in this Connected Account Agreement alters the terms and conditions of agreements between you and Financial Services Providers. Any capitalized terms that are used but not defined in this Connected Account Agreement are defined in the Stripe Services Agreement.

2. Stripe Connect — Your Connected Account

Stripe Connect allows Connect Platforms to help you integrate Services into your site or application, and manage your Connected Account. When you sell your goods or services, or receive bona fide charitable donations through a Connect Platform that uses the Services, the Connect Platform may agree to perform obligations on your behalf, such as web development or hosting services, customer service, processing of refunds, handling consumer complaints, or other Activity. The specific things that a Connect Platform is agreeing to do for you, if any, are determined by your agreement with that Connect Platform. Stripe is not a Connect Platform, and only provides the Services described in this Connected Account Agreement and the Stripe Services Agreement. You do, however, appoint Stripe as one of your payments agents for the limited purposes of directing, receiving, holding and settling payment card proceeds to you, and you agree that Stripe’s receipt of payment processing proceeds satisfies your customers’ obligations to make payment to you.

Through Stripe Connect, you can delegate the creation and management of portions of your Connected Account to a Connect Platform. You consent to Stripe’s disclosure of Data (which may include your name and address, and information regarding the transactions that you process through the Services) to the Connect Platform, Financial Services Providers, and our service providers to facilitate the provision of Services to you through Stripe Connect. You also consent to Stripe’s use of information provided to Stripe or collected by us as part of providing the Services for our internal analyses and fraud monitoring. For more information regarding Stripe’s use of your data, please review Stripe’s Privacy Policy.

3. Your Obligations

You agree to comply with all applicable laws or regulations, payment network rules (including the Network Rules), agreements with third parties that are binding on you, and this Connected Account Agreement (including the Stripe Services Agreement) when using Services. You are solely responsible for, and Stripe disclaims all liability for, the provision of any goods or services sold to your customers or users as part of your use of Services, and any obligations you may owe to your customers or users. While you may agree to share some liability with the Connect Platform, you are financially liable to Stripe for Disputes, Chargebacks, Refunds, and any fines that arise from your use of the Services. These obligations are described in more detail in Section C of the Stripe Services Agreement.

Depending on the Connect Platform, you may have access to directly manage your Connected Account through the Stripe dashboard. If such access is made available to you, you are responsible for all actions taken on your Connected Account through the Stripe dashboard, including the initiation of Refunds or changing of depository bank information. Alternatively, the Connect Platform may manage your account on your behalf.

Your Connect Platform may choose to allow you to receive payment processing proceeds via settlement into a bank account connected to your debit card (“Instant Payout”). Your Connect Platform will let you know if there is a fee associated with your use of Instant Payouts. If you elect to use Instant Payouts, Stripe will attempt to settle your payment processing proceeds within minutes of receiving your request. Depending on your bank, it may take up to two business days for your payment processing proceeds to settle via Instant Payouts. We and your Connect Platform reserve the right to change or suspend Instant Payouts to you: (i) due to pending, anticipated, or excessive Disputes, Chargebacks, Refunds, or Reversals; (ii) in the event of suspected or actual fraudulent, illegal or other malicious activity; or (iii) where we are required by Law or court order.

4. Relationship to Connect Platforms

As part of your use of Stripe Connect, you understand and agree that Stripe and the Connect Platform will share some Data about you and Activity on your Connected Account. This may include information you provide to create your Connected Account to Stripe or the Connect Platform, or information about transactions submitted by your customers to Stripe. Connect Platforms will never have access to full credit card information provided by your customers. You understand and agree that Connect Platforms and Stripe can share such Data to provide services to you.

The pricing for your use of the Services with a Connect Platform will depend on your agreement with the Connect Platform. Pricing from the Connect Platform may include fees for your use of the Connect Platform’s services that are separate from fees owed for the Services. Stripe will receive fees for your use of the Services. The fees for the Services will not exceed the amounts posted on our web site. In addition, the Connect Platform may charge you fees for the services it provides you. You agree that Stripe will have the right to deduct both Stripe’s fees for Services and the Connect Platform fees specified to us by the Connect Platform. Stripe does not control and is not responsible for Connect Platform fees charged to you, which are based on your agreement with and use of the Connect Platform. All fees charged to you should be made clear to you in your agreement with each Connect Platform.

5. Limitations on Stripe’s Liability

Stripe is not responsible for the acts or omissions of any Connect Platform in providing services to you or your customers, nor is Stripe responsible for your obligations to your customers (including but not limited to properly describing the nature of or delivering the goods or services being sold to your customers). You are solely responsible for, and Stripe expressly disclaims all liability for, your complying applicable laws and obligations related to your provision the goods or services to your customers, or receipt of bona fide charitable donations. This may include providing customer service, notification and handling refunds or consumer complaints, provision of receipts, registering your legal entity, or other actions not related to the Services. You agree to indemnify Stripe for any losses we incur based on your failure to properly describe or deliver goods or services, or comply with your legal or contractual obligations to your customers.

6. Other General Legal Terms

a. Term, Termination, and the Effects of Termination: The term of this Connected Account Agreement will begin when you register your Connected Account with a Connect Platform and will end when terminated by you or by Stripe, as described in this Connected Account Agreement. You may terminate this Connected Account Agreement at any time by providing notice to Stripe and immediately ceasing your use of Stripe Connect. However, if you commence using Stripe Connect again, you are consenting to this Connected Account Agreement. Stripe may terminate this Connected Account Agreement (a) where you are in breach of this Connected Account Agreement and fail to cure the breach upon 30 days’ notice by Stripe (such notice only being required if curing the breach is feasible); (b) upon 120 days’ notice for any reason; (c) where the Connected Account is the subject of any voluntary or involuntary bankruptcy or insolvency petition or proceeding; or (d) where required to do so by demand of Financial Services Providers, the Card Networks, or under court or legal order. Section 5 and all provisions giving rise to continuing obligations will survive termination of this Connected Account Agreement. As stated above, the Stripe Services Agreement governs your use of Services, so the termination of this Connected Account Agreement will not immediately trigger termination of the Stripe Services Agreement. All obligations in the Stripe Services Agreement will only be terminated when done so under the terms and conditions of the Stripe Services Agreement.

b. Governing Law, Disputes, and Interpretation: The provisions of the applicable Stripe Services Agreement governing applicable law (jurisdiction), location of suits and disputes (venue), and any method for dispute resolution are incorporated into this Connected Account Agreement by reference. Headings are included for convenience only, and should not be considered in interpreting this Connected Account Agreement. This Connected Account Agreement does not limit any rights of enforcement that we may have under trade secret, copyright, patent, or other laws. Our delay or failure to assert any right or provision under this Connected Account Agreement does not constitute a waiver of such right or provision. No waiver of any term of this Connected Account Agreement will be deemed a further or continuing waiver of such term or any other term.

c. Right to Amend: Stripe may amend this Connected Account Agreement upon notice to you, which may be provided through email, the Stripe dashboard, and/or Stripe’s web site. You agree that any changes to this Connected Account Agreement will be binding on you within 7 days of such notice. If you elect to not accept the changes to this Connected Account Agreement, you must (a) provide notice to Stripe and (b) immediately cease using Stripe Connect. Where no such notice is provided or where you continue to use Stripe Connect, you agree that you are consenting to any such changes to the Connected Account Agreement.

d. Assignment: You may not assign or attempt to assign this Connected Account Agreement without the express consent of Stripe in advance. While we will generally consent to such an assignment where we consider it reasonable, we are not required to and will deny requests where such an assignment would violate this Connected Account Agreement (such as assignment to a prohibited business) or would pose a material risk to Stripe or our partners.

e. Entire Agreement: This Connected Account Agreement constitutes the entire agreement between you and Stripe with respect to Stripe Connect. Except where expressly stated in a separate agreement duly executed by Stripe, if there is any conflict between this Connected Account Agreement and any other Stripe agreement related to Stripe Connect, this Connected Account Agreement will prevail. Keep in mind, however, that with regard to your use of the Services for your own purposes (i.e. to receive payment for products or services you provide), the Stripe Services Agreement will prevail. These terms and conditions describe the entire liability of you and Stripe, and set forth your exclusive remedies with respect to Stripe Connect. If any provision of this Connected Account Agreement (or portion thereof) is held to be invalid or unenforceable under applicable law, then it should be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.