Terms of Service & Privacy Policy

The following terms (“Terms of Use”) constitute an agreement (“Agreement”) between The Planning Parent (“The Planning Parent”), and you that governs your use of this website and all of its associated services, content and functionality. This policy applies to the website administered by The Planning Parent (“Website”), located at http://estateplanningmom.com. 

Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. The Planning Parent reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website. 

LICENSING

Crista Hermance, the owner of The Planning Parent, is a licensed attorney in California. Nothing presented on the Website creates an attorney-client relationship between you and Crista Hermance or The Planning Parent. If you are located outside of California, please locate a licensed attorney in your area.

LEGAL INFORMATION DISCLAIMER

From time to time, the Website may discuss legal topics. Additionally, the downloads and blog posts available on the Website are also provided as informational only. This information is not advice and should not be treated as legal advice. The legal information on the Website is provided for informational purposes only. The legal information provided on the Website is provided “as is” without any representations or warranties, express or implied. This includes the attorneys listed on the website that are located in various states and work for different companies.

You must not rely on the legal information on the Website as an alternative to advice from your attorney or professional legal services provider. There is no attorney-client relationship created from the publication of legal information on the Website. You should never delay seeking legal advice, disregard legal advice, or discontinue legal services as a result of any information provided on the Website.  

The information provided on the Website and in the downloads and blog posts are provided “as is” without any representations or warranties, express or implied. The Planning Parent make no representations or warranties in relation to the information provided in the content.

The Planning Parent disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website or Products. The Planning Parent assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website or Products.

Purchase Policies

The Planning Parent does not sell products or services through its website. All information on the website is strictly for informational and educational purposes only as well as providing you resources to find an attorney within your state.

LICENSE FOR USE OF PRODUCTS

All Products/printables available on the Website were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission.

PRIVACY POLICY

WHAT INFORMATION DO WE COLLECT AND HOW IS IT USED?

• Information You Voluntarily Submit to the Website: The Website may collect personal information from you such as your name or email address. For example, you may voluntarily submit information to the Website by subscribing to a newsletter, or submitting a contact form. 
• Information We Collect from Others: The Website may receive information about you from other sources. For example, if you use a third-party software through the site, they may transfer information to us for fulfillment.
• Automatically-Collected Information: The Website automatically collects certain information about you and the device with which you access the Website. For example, when you use the Website, The Website will log your IP address, operating system type, browser type, referring website, pages you viewed, and the dates/times when you accessed the Website. The Website may also collect information about actions you take when using the Website, such as links clicked.
• Cookies: The Website may log information using cookies, which are small data files stored on your browser by the Website. The Website may use both session cookies, which expire when you close your browser, and persistent cookies, which stay on your browser until deleted, to provide you with a more personalized experience on the Website.

 

HOW YOUR INFORMATION MAY BE USED

The Website may use the information collected in the following ways:

• To operate and maintain the Website;
• To send you promotional information, such as newsletters. Each email promotion will provide information on how to opt-out of future mailings;
• To send you administrative communications, such as administrative emails, confirmation emails, technical notices, updates on policies, or security alerts;
• To respond to your comments or inquiries;
• To provide you with user support;
• To track and measure advertising on the Website; or,
• To protect, investigate, and deter against unauthorized or illegal activity.

 

THIRD-PARTY USE OF PERSONAL INFORMATION

The Website may share your information with third parties when you explicitly authorize us to share your information. Additionally, the Website may use third-party service providers to service various aspects of the Website. Each third-party service provider’s use of your personal information is dictated by their respective privacy policies. The Website currently uses the following third-party service providers:

• Google Analytics – this service tracks Website usage and provides information such as referring websites and user actions on the Website. Google Analytics may capture your IP address, but no other personal information is captured by Google Analytics.
• ActiveCampaign – this service is used for delivery of email updates and newsletters. ActiveCampaign stores your name and email address for purposes of delivering such communications.

At this time, your personal information is not shared with any other third-party applications. This list may be amended from time to time in the Website’s sole discretion.

Except when required by law, The Planning Parent will not sell, distribute, or reveal your email addresses or other personal information without your consent; however, The Planning Parent may disclose or transfer personal information collected through the Website to third parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.

 

ANONYMOUS DATA

From time to time, The Planning Parent may use anonymous data, which does not identify you alone, or when combined with data from other parties. This type of anonymous data may be provided to other parties for marketing, advertising, or other uses. Examples of this anonymous data may include analytics or information collected from cookies.

 

COOKIES

The Website uses cookies to store visitors’ preferences, record user-specific information on what pages users access or visit, ensure that visitors are not repeatedly sent the same banner ads, customize content based on visitors’ browser type or other information that the visitor sends. Cookies may also be used by third-party services, such as Google Analytics, as described herein.

Users may, at any time, prevent the setting of cookies, by the Website, by using a corresponding setting of your internet browser and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. However, if users deactivate the setting of cookies in your Internet browser, not all functions of our Website may be entirely usable.

 

ADVERTISING

Retargeting Ads
From time to time, the Website may engage in remarketing efforts with third-party companies, such as Google, Facebook, or Instagram, in order to market the Website. These companies use cookies to serve ads based on someone’s past visits to the Website.

Facebook: Opt-out of Facebook remarketing here

Google: Opt-out of Google remarketing here

Newsletters
On the Website, you may subscribe to our newsletter, which may be used for advertising purposes. All newsletters sent may contain tracking pixels. The pixel is embedded in emails and allows an analysis of the success of online marketing campaigns. Because of these tracking pixels, The Planning Parent may see if and when you open an email and which links within the email you click. Also, this allows The Planning Parent to adapt the content of future newsletters to the interests of the user. This behavior will not be passed on to third parties.

RIGHTS RELATED TO YOUR PERSONAL INFORMATION

Opt-out – You may opt-out of future email communications by following the unsubscribe links in our emails. You may also notify us at hello@theplanningparent.com to be removed from our mailing list.

Access – You may access the personal information we have about you by submitting a request to hello@theplanningparent.com.

Amend – You may contact us at hello@theplanningparent.com to amend or update your personal information.

Forget – In certain situations, you may request that we erase or forget your personal data. To do so, please submit a request to hello@theplanningparent.com.

Please note that we may need to retain certain information for recordkeeping purposes or to complete transactions, or when required by law.

SENSITIVE PERSONAL INFORMATION

At no time should you submit sensitive personal information to the Website. This includes your social security number, information regarding race or ethnic origin, political opinions, religious beliefs, health information, criminal background, or trade union memberships. If you elect to submit such information to us, it will be subject to this Privacy Policy.

CHILDREN’S INFORMATION

The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at hello@theplanningparent.com and we will use our best efforts to promptly remove such information from our records.

DISCLAIMER

The Planning Parent has made every effort to ensure that all information on the Website have been tested for accuracy. The Planning Parent makes no guarantees regarding the results that you will see from using the information provided on the Website.

All Website content is provided for informational purposes only.

 

YOUR RESPONSIBILITY

The Website was developed strictly for educational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. The Planning Parent makes no representations, warranties or guarantees. You understand that results may vary from person to person. The Planning Parent assumes no responsibility for errors or omissions that may appear in the Website.

 

USE OF THE WEBSITE

Unless otherwise stated, The Planning Parent owns the intellectual property and rights to all content and material on the Website and Products. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

The following uses are not permitted:

• Republication of content from the Website, unless content is specifically and expressly made available for republication;
• Sale, rental or sub-license of any content from the Website;
• Reproduction or duplication of any content on the Website for commercial purposes;
• Modification of any content on this website, unless content is specifically and expressly made available for modification;
• Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included.

From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of The Planning Parent’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to The Planning Parent.

You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without The Planning Parent’s express written permission. 

You must not use the Website to transmit or send any unsolicited commercial communications. 

You must not use the Website for any third-party marketing without The Planning Parent’s express written permission.

 

COPYRIGHT

Unless otherwise noted, the design, content and all components of the Website are copyrights owned by The Planning Parent or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.

TRADEMARKS

The Planning Parent is a trademark of The Planning Parent and is protected by United States trademark law. The Planning Parent’s trademarks and trade dress may not be used in connection with any product or service that is not The Planning Parent’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits The Planning Parent or Crista Hermance.

 From time to time, the Website will legally utilize trademarks owned by third parties related to The Planning Parent’s services. These trademarks are the respective property of their owners.

 

GRANT OF RIGHTS

You grant The Planning Parent a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant The Planning Parent the right to sub-license these rights and the right to bring an action for infringement of these rights.

 

CONTENT CONTRIBUTED TO THE WEBSITE

Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or The Planning Parent or a third party. 

The Planning Parent reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on The Planning Parent’s servers; or, (iii) hosted or published on the Website. The Planning Parent takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding The Planning Parent’s rights under the Terms of Use, The Planning Parent does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.

 

COMMUNICATION

If you send The Planning Parent an email, register to use the Website or provide your email to The Planning Parent in any other way, you consent to receive communications from The Planning Parent electronically. You agree that all legal notices provided via electronic means from The Planning Parent satisfy any requirement for written notice.

 

THIRD PARTIES

The Website contain links to third-party websites that are not governed or controlled by The Planning Parent. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website. The Planning Parent assumes no control or liability over the content of any third-party sites. You expressly hold harmless The Planning Parent from any and all liability related to your use of a third-party website.

 Prior to engaging in any commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third party discovered through or linked on the Website, you expressly hold The Planning Parent harmless from any and all liability in any dispute.

 

NO WARRANTIES

The Website is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. The Planning Parent makes no representations or warranties in relation to the Website or the information and materials provided therein.

The Planning Parent makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. The Planning Parent is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language. 

 

LIMITATION OF LIABILITY

THE PLANNING PARENT WILL NOT BE LIABILE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

INDEMNITY

You agree to defend, indemnify and hold The Planning Parent, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which The Planning Parent suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

 

ARBITRATION

The Terms of Use will be governed and construed in accordance with the laws of the State of California. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Ventura County, California. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

 

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

The Terms of Use may not be assigned by you without The Planning Parent’s prior written consent; however, the Terms of Use may be assigned by The Planning Parent in its sole discretion.

The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by The Planning Parent. 

The Terms of Use may not be altered or modified except by prior written agreement by the parties.

All notices with respect to the Terms of Use must be in writing and may be via email hello@theplanningparent.com for The Planning Parent and to your email address.