Policies & Information

Last Update: 6/23/26

INTRODUCTION AND ACCEPTANCE OF THE TERMS OF USE

These Terms of Use are entered into by and between You and AH Planning KC LLC d/b/a Authentically You, a Missouri limited liability company ("Company"). The following Terms of Use, together with any documents they expressly incorporate by reference (collectively, the “Terms”), govern your access to and use of the Company's website located at ayplans.com (the "Website"), including any content, functionality, features, and information offered on or through the Website.

Please read these Terms along with our Privacy Policy and Cookie Policy and any other policies posted on the Website (collectively with these Terms, the "Agreement") carefully and in full before using this Website. These documents contain very important information about your legal rights and obligations, including limitations of your rights and exclusions that may apply to you. These Terms, together with the Privacy Policy and Cookie Policy and Website Disclaimers, set forth the legally binding terms and conditions for your use of the Website and are incorporated herein by reference. 

This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with AH Planning KC LLC d/b/a Authentically You, and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. 

By using the Website or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and the aforementioned Policies and Disclaimers, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website.

INTERPRETATION AND DEFINITIONS

Interpretation

The words of which the initial letter is capitalized have meanings defined under the conditions specified in the 'Definitions' section. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.

Definitions

For the purposes of these Terms:

• Company (referred to as either “AH Planning KC LLC”, “Authentically You”, “the Company”, “We”, “Us”, or “Our” in these Terms) refers to AH Planning KC LLC d/b/a Authentically You, a limited liability company of the State of Missouri.)

• You or User(s) means the individual(s) accessing or using this Website, or the company or other legal entity on behalf of which such individual is accessing or using the Website, as applicable.

• Website or Site refers to the following website: https://ayplans.com/ and all of its affiliated pages, Policies, and Disclaimers.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of the revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

ACCESSING THE WEBSITE

We reserve the right to withdraw or amend this Website, these Terms, and any content or material we provide on the Website, in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to any user or users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Website and

• Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.

To access certain features of the Website, such as inquiry or contact forms, you may be asked to provide certain information, including your name, email address, phone number, event details, or other relevant information. It is a condition of your use of the Website that all information you provide on the Website is correct, current, and complete. You agree that all information you provide through the Website, including through any inquiry forms or contact forms, is governed by our Privacy Policy and Cookie Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

INTELLECTUAL PROPERTY RIGHTS

This Website 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 Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secrets, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

• If we provide downloadable resources, guides, or other digital materials on the Website, you may download a single copy solely for your own personal, non-commercial use and not for further reproduction, publication, or distribution. 

• If we provide social media sharing features or other interactive tools in connection with certain content, you may use such features solely as they are provided by us and solely with respect to the content they are displayed with.

You must not:

• Modify copies of any materials from this site.

• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. 

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: hello@ayplans.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website 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 Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

TRADEMARKS

“AH Planning KC LLC d/b/a Authentically You”, the Terms, any registered Company trademarks, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

• 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). 

• 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.

• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the conduct and content standards set out in these Terms.

• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

• To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).

• 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 Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website.

• 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.

• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Website.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• 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. 

• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise, attempt to interfere with the proper working of the Website.

INFORMATION YOU SUBMIT THROUGH THE WEBSITE

The Website may contain inquiry forms, contact forms, and other features that allow you to submit information to us (collectively, "Submitted Information"). Submitted Information may include your name, email address, phone number, event date, event details, and other information you choose to provide. Submitted Information is not publicly posted, displayed, or shared with other Website visitors.

All Submitted Information must be accurate, lawful, and comply with the conduct and content standards set out in these Terms.

Any Submitted Information you provide through the Website will be treated in accordance with our Privacy Policy and Cookie Policy. By submitting information through the Website, you grant us the right to use such information to respond to your inquiry, evaluate potential services, communicate with you, and for internal business purposes. You acknowledge that inquiry submissions, consultation requests, and similar communications do not create a client-planner relationship and are not confidential attorney-client or privileged communications.

You represent and warrant that:

• All Submitted Information you provide through the Website is accurate, current, and complete, and you have the right to provide such information.

• All of your User Contributions do and will comply with these Terms. 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

MONITORING AND ENFORCEMENT; TERMINATION

NOTICE TO NEW JERSEY USERS: Certain provisions of this section may not apply to you to the extent they are inconsistent with the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act or other applicable New Jersey law.

Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, for any reason or no reason, to terminate your ability to use the Site and to block and prevent future access to and use of the Site. You agree that we will not be liable for any termination of your use of or access to the Site.

Without limiting the foregoing, 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 COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.

We assume no liability for any action or inaction regarding the content of the Website or any information submitted by users through inquiry forms or other Website features. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.

CONTENT STANDARDS

These content and conduct standards apply to any information you submit through the Website, including through inquiry forms, contact forms, and any other means of communication with us through the Website. All information you submit must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, information you submit through the Website must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy and Cookie Policy.

• Be likely to deceive any person.

• Promote any illegal activity, or advocate, promote, or assist any unlawful act.

• Cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy any other person.

• Impersonate any person or misrepresent your identity or affiliation with any person or organization. 

• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

• Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Website - including descriptions of wedding planning, private event planning, destination and event-adjacent coordination, and corporate/nonprofit event services, as well as portfolio images, testimonials, pricing references, blog posts, planning resources, social media content, and marketing materials - is made available solely for general informational purposes and to introduce the services offered by Company. 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 Website, or by anyone who may be informed of any of its contents. No information on this Website, and no inquiry submission, consultation, proposal, social media interaction, or marketing communication, creates a client-planner relationship or constitutes a binding engagement for services. A client relationship with Company is established only upon (a) execution of a written client agreement (such as a Master Services Agreement or Corporate/Nonprofit Event Agreement) by both parties, and (b) receipt of the required retainer or payment as specified in such agreement. All services, scope, fees, retainers, cancellation and rescheduling terms, vendor responsibilities, staffing, travel and expenses, intellectual property and work product rights, media usage, limitations of liability, warranties, indemnification, dispute resolution, governing law, and venue are governed exclusively by the applicable signed client agreement, its schedules, and any addenda. In the event of any conflict between the content of this Website and a signed client agreement, the signed client agreement controls with respect to contracted services.

This Website may include content referencing or provided by third parties, including testimonials, vendor and venue references, portfolio images, and content from third-party tools or platforms. All statements and opinions expressed in such materials are solely those of the person or entity providing them and do not necessarily reflect the opinion of 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. Testimonials and portfolio images displayed on the Website reflect individual experiences and past events and are not guarantees of future results, availability, or specific aesthetic outcomes.

CHANGES TO THE WEBSITE

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

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

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

Additional terms and conditions may also apply to specific portions, features, or tools available through the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms. Company uses commercially reasonable efforts to make the Website accessible to individuals with disabilities in accordance with applicable law, but does not guarantee that every element of the Website will be fully accessible or compliant with all accessibility standards at all times. If you experience any accessibility difficulties with any part of the Website, please contact us at hello@ayplans.com so we can work to address the issue.

LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

You may link to our homepage, 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 consent.

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Website.

• Send e-mails or other communications with certain content, or links to certain content, on this Website.

• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.

• Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.

• Link to any part of the Website other than the homepage.

• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.

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, at our discretion.

LINKS TO THE WEBSITE

If the Website contains links to other websites, platforms, tools, or resources provided by third parties, these links are provided for your convenience only. This includes, without limitation, links to vendor or venue websites, travel-related services, social media platforms, and any advertisements or sponsored links (collectively, "Third-Party Links and Tools"). Third-Party Links and Tools are not under our control, and we are not responsible for any Third-Party Links and Tools or for any content, products, services, or transactions available through them. Each Third-Party Link or Tool operates independently and is subject to its own terms of use, privacy policies, and other agreements, which you should review before use. The inclusion of any Third-Party Link or Tool on the Website does not imply affiliation, endorsement, sponsorship, or adoption by Company. You acknowledge sole responsibility for and assume all risk arising from your use of any Third-Party Links and Tools.

LINKS TO THIRD-PARTY WEBSITES

Without limiting the foregoing, Company does not guarantee the performance, reliability, availability, or conduct of any vendor, venue, travel provider, or other third party referenced on, linked from, or recommended through the Website. Vendors and venues are independent third parties with whom you contract separately. Company's role is limited to professional planning, design, coordination, and production oversight as set forth in the applicable signed client agreement. Company does not provide, and the Website does not offer, alcohol service, medical services, security services, licensed trade services, safety inspections, or any service requiring a professional license not held by Company. (collectively, the "Third Party Sites & Ads"). Such Third-Party Sites & Ads are not under our control, and we are not responsible for any Third-Party Sites & Ads. We provide these Third-Party Sites & Ads only as a convenience and are not responsible for the content, products, or services on or available from those Third-Party Sites & Ads. You acknowledge sole responsibility for and assume all risk arising from your use of Third-Party Sites & Ads.

Company does not guarantee availability of services, specific aesthetic results, vendor or venue performance, travel availability, guest conduct, weather conditions, event timing, social media engagement, publicity outcomes, fundraising results, ticket sales, sponsor participation, or any other outcomes outside of Company's reasonable control. Any references on the Website to past events, results, or outcomes are illustrative only and are not guarantees of future performance. & Ads does not imply affiliation, endorsement, or adoption by Company of the Third-Party Sites & Ads or any information contained therein.

GEOGRAPHIC RESTRICTIONS

The owner of the Website is based in the State of Missouri in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal for certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY INFORMATION OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY INFORMATION OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY INFORMATION OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. NO SERVICES ARE RESERVED, AND NO EVENT DATE IS HELD, THROUGH USE OF THE WEBSITE ALONE. RETAINERS AND SERVICE FEES ARE GENERALLY NON-REFUNDABLE, NON-CANCELLABLE, AND NON-TRANSFERABLE EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW OR PROVIDED IN A SIGNED CLIENT AGREEMENT. 

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 A PARTICULAR PURPOSE.

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

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS 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 OR YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION YOU SUBMIT THROUGH THE WEBSITE, ANY USE OF THE WEBSITE'S CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS, OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE WEBSITE.

GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Terms, 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 Missouri, without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Missouri, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms 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.

DISPUTE RESOLUTION

A. Agreement to Arbitrate and Waiver of Class Actions and Class Arbitrations

1. The Parties agree that any dispute, claim, or controversy arising out of or relating to these Terms, including our Privacy Policy and Cookie Policy, or the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Website or content available on or through the Website (collectively, "Disputes") will be settled by confidential binding arbitration, except that each party retains the right to (i) bring an individual action in small claims court; and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademark, trade secrets, patents, or other intellectual property rights (the action described in the foregoing clause (ii) an "IP Protection Action"). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in Jackson County, Missouri, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Notwithstanding the foregoing, any dispute arising under a signed client agreement (e.g., Master Services Agreement, Corporate/Nonprofit Event Agreement, or addenda) shall be governed by the dispute-resolution provisions of that signed agreement, not this section.

You acknowledge and agree that both you and Company are waiving the right to a trial by jury or to participate as a plaintiff class representative or class member in any purported class action or representative proceeding. Further, unless we both otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive termination of these Terms.

The Parties mutually agree that (i) these Terms memorialize a transaction in interstate commerce; (ii) the Federal Arbitration Act (9 U.S.C. §§ 1, et seq.) governs the interpretation and enforcement of this section; and (iii) this section will survive termination of these Terms.

B. Arbitration Rules

The arbitration will be administered and governed by the Comprehensive or Expedited Arbitration Procedures of Judicial Arbitration and Mediation Services (JAMS), whichever is appropriate and in effect at the time the arbitration is initiated (the "JAMS Procedures"), which are available at http://www.jamsadr.com or by calling 1-800-352-5267.

The parties expressly agree that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration will be limited to the resolution of individual claims only.

C. Dispute Notice and Arbitration Process

Prior to initiating an arbitration proceeding, you must first send Company a written statement setting forth your name, address, and telephone number, the facts giving rise to the dispute, and the relief requested ("Dispute Statement"). The Dispute Statement to Company must be emailed to: hello@ayplans.com. If we are unable to resolve your claim within thirty (30) days of receipt of the Dispute Statement, then either party desiring to initiate an arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Procedures.

The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. Notwithstanding this broad delegation of authority to the JAMS arbitrator, a court may determine the limited question of whether a claim or cause of action is an IP Protection Action.

D. Arbitration Location and Procedure

Unless the Parties otherwise agree, the arbitration will be conducted in Jackson County, Missouri. If your claim does not exceed $10,000, then (i) the arbitration will be conducted solely based on documents the parties submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary; and (ii) if there is a hearing, you may choose whether to participate in person or by telephone. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Procedures. Subject to the JAMS Procedures, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

E. Arbitrator’s Decision

The arbitrator's decision will include the essential findings and conclusions of law upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having competent jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of the "Disclaimer of Warranties," and "Limitations of Liability" sections above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory and injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Company will not seek and hereby waives all rights it may have under applicable law to recover, attorneys' fees, and expenses if it prevails in arbitration.

F. Time Limit for Resolving Disputes

The Parties agree that any cause of action either may have with respect to the Website or these Terms must be commenced within one (1) year after the Dispute arises, notwithstanding any statutes of limitations to the contrary, except where prohibited by applicable law. In any jurisdiction where a shorter contractual limitations period is not permitted, the applicable statutory limitations period shall apply.

NOTICE TO NEW JERSEY USERS: If you live in New Jersey, your agreement to this provision shortens the time within which you may bring a Dispute.

The terms of this Dispute Resolution section survive any termination of these Terms.

G. Right to Opt-Out or Reject Future Changes to the Dispute Resolution Section

You may elect to opt out (exclude yourself) from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section by sending a written message to: hello@ayplans.com within thirty (30) days of your first visit to and use of the Site that specifies your (i) name; (ii) mailing address; and (iii) request to be excluded from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section. In the event you opt out consistent with the procedure set forth above, all other terms and conditions of these Terms will continue to apply. If you do not opt out, then the terms of this section will apply.

Notwithstanding the provisions of the “Changes to Terms of Use” section above, if Company changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted subsequent changes to the Terms), you may reject any such change by sending Company written notice to: hello@ayplans.com within thirty (30) days of the date such change became effective, as indicated in the "Last Updated" date above. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Company in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

WAIVER

No waiver by Company of any term or condition set forth in these Terms 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 Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

SEVERABILITY

If any provision of these Terms or their accompanying Privacy Policy and Cookie Policy or Disclaimers 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 will continue in full force and effect.

ENTIRE AGREEMENT

The Terms, our Privacy Policy and Cookie Policy, and Website Disclaimers constitute the sole and entire agreement between you and Company with respect to your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website. These Terms do not supersede, modify, or limit any signed client agreement between you and Company governing the provision of services; in the event of any conflict between these Terms and a signed client agreement, the signed client agreement shall control with respect to the services covered by that agreement.

CONTACT INFORMATION

We welcome your questions, comments, and concerns about these Terms and our accompanying Policies and Disclaimers. You can reach us at hello@ayplans.com.