Welcome to Paterson! Thanks for using our products and services (“Services”). The Services are provided by Paterson Center LLC (“Paterson”), located in Colorado. Our mailing address is PO Box 270517, Fort Collins, CO, 80527.
By “Services”, we are referring to work that is done using Paterson’s Intellectual Property, namely StratOp® and the Paterson LifePlan® (collectively, “Paterson Process”). Services are performed by a Paterson Guide (“Guide”), who has been trained and licensed by Paterson to guide you through the Paterson Process
By using our Services, you are agreeing to these terms below. Please read them carefully.
Paterson’s Intellectual Property
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Your Paterson Account
You may need a Paterson Account in order to use some of our Services. To protect your Account, keep your password confidential. You are responsible for the activity that happens on or through your Paterson Account. Try not to reuse your Paterson Account password on third-party applications. If you learn of any unauthorized use of your password or Paterson Account, please contact us immediately.
Privacy and Confidentiality
Paterson acknowledges that any and all information concerning your business affairs, personal affairs, customers, vendors, finances, properties, methods of operation, computer programs, and documentation, and other such information, whether written, oral, or otherwise, is confidential in nature.
Except as directed by you, Paterson will not, at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever. We further agree to bind our employees and subcontractors to the terms and conditions of this Agreement.
For the purpose of creating your Online Playbook, your Paterson Guide will submit to Paterson pictures of each of your charts, along with basic information which includes, but is not limited to, your name, the date(s) of your work with the Paterson Guide, the fee charged, and the photographs or other documents that are used to create the subsequent online playbook. Paterson and your Guide commit to keeping all such information confidential.
Paterson reserves the right to use your data to improve our services, while honoring and protecting your privacy at all times. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services.
If you wish to remove your content from our database, at any time, you are free to do so by submitting a request via email to [email protected]. We will respect the choices you make regarding your content.
We respect and honor General Data Protection Regulation (GDPR). In line with GDPR, we want you to be absolutely clear about our purposes for collecting your data on this Online Playbook platform. Your information is collected here as a way to gather it into one concise Playbook, that you can then share however – and with whomever – you choose. The Online Playbook is intended to help you to activate and refresh you plan (whether that is StratOp or LifePlan). We’ll never sell your data or share it outside of Paterson. Internally, we use aggregate data to help us to develop our Guides, to serve clients better. We don’t destroy data, unless you ask us to.
Your data belongs to you. By signing this agreement, you’re giving us consent to capture your data and use it only according to the terms of this agreement. We won’t use it for any other reasons. In the unlikely case of a personal data breach – unauthorized disclosure of any data by a third party – you will be immediately notified.
In line with GDPR, you have the “Right to Rectification” or the “Right to be Forgotten”. Practically this means that at any point in time, you have the right to contact us and ask us to delete or change your information. You have the power not only to withdraw consent to use your data but also to move it elsewhere. The “Right to Data Portability” enables you to request a data transfer to a different controller.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER PATERSON NOR ANY PATERSON GUIDES, NOR ANY SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, PATERSON, PATERSON GUIDES, AND ANY SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PATERSON, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, PATERSON, PATERSON GUIDES, AND ANY SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Paterson and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms at patersoncenter.com/myplan. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between Paterson and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of Colorado, U.S.A., will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Denver, CO, and you and Paterson consent to personal jurisdiction in those courts.