Terms & Conditions

Effective: January 01, 2023

This website is owned and operated by Danky Panky, LLC. Danky Panky, LLC and its subsidiaries (collectively “Danky Panky”, “DP”, “Company”, “we”, “us”, “our”) are committed to maintaining your confidence and trust as it relates to the privacy and usage of your information. Please read below and learn how we collect, protect, share, and use your information as part of our technology platforms, and all of our products and services.

These terms-and-conditions apply to www.betterplan.app and all websites and mobile apps owned and operated by Danky Panky on which these terms-and-conditions are displayed (such websites and apps referred to hereafter as the “Website(s)” or “Site(s)”, whether individually or collectively, or collectively as “Services” or “Solutions”) as well as Danky Panky affiliates.

BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE SITE. PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER.

For the purpose of this Agreement, the terms "you" or "your" refer to individuals using the Websites and/or the Services, including those acting as agents for others in relation to the Websites and/or the Services.

The term "Provider(s)" encompasses various entities such as banks, lenders, financial institutions, insurers, service providers, real estate companies, dealers, agents, brokers, and other entities that offer products and services through the Websites or collaborate with us to facilitate the delivery of requested products and services.

The term "Qualification Form" pertains to the request you submit to be connected with providers offering the products and services available through the Websites.

Danky Panky reserves the right, at its sole discretion, to amend or modify the Websites or this Agreement (or any part thereof) at any time. Such changes and modifications will take effect immediately upon being posted on the Websites. It is your responsibility to review this Agreement for any such changes whenever you use the Websites. By continuing to use the Websites or Services, you signify your acceptance of these changes and modifications. The Websites are intended for individuals who are at least 18 years old and accessing the internet from a physical location within the United States of America. By using or accessing the Websites, you confirm that you are 18 years of age or older and accessing the internet from a physical location within the United States of America.

Privacy Policy

The Danky Panky Privacy Policy, which is included as part of this Agreement by reference, provides detailed information on how we collect, protect, share, and use your information in relation to our technology platforms, products, and services.

Copyright, Trademark, and Service Mark Notices

Danky Panky owns or holds licenses for all text, graphics, photographs, videos, sound, trademarks, logos, artwork, interfaces, and computer code (collectively "Content") displayed on the Websites. The Content is protected by trademark, copyright, patent laws, intellectual property rights, and unfair competition laws. Except as expressly permitted, no part of the Websites or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, transmitted, or distributed without prior written permission from Danky Panky. The Websites do not grant any license or right to use the Content.

Disclaimers and Liability

The Websites, Content, and Services provided by Danky Panky are offered "as is" without any warranty. Danky Panky does not guarantee the accuracy, error-free nature, or uninterrupted availability of the Websites, Content, or Services. Danky Panky does not warrant that the Websites, Content, or Services will achieve specific results.

To the maximum extent permitted by law:

Danky Panky shall not be liable for any damages arising from your reliance on or use of the Websites, Content, Services, or other items found on the Websites.
Danky Panky disclaims all warranties, whether statutory, express, or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
The inclusion or offering of any products or services on the Websites does not constitute an endorsement or recommendation by Danky Panky. All such information, products, and services are provided "as is" without any warranty.

Indemnity

You agree to indemnify, defend, and hold harmless Danky Panky and its officers, directors, shareholders, predecessors, successors-in-interest, licensors, employees, agents, subsidiaries, and affiliates (referred to as "Danky Panky Parties") from any and all claims, losses, liabilities, expenses (including attorneys' fees and costs), and damages arising from or related to your use of the Websites or Services, your violation of any third-party rights or laws, or your violation or alleged violation of this Agreement. You are not permitted to settle any such claim or matter without prior written consent from Danky Panky. The Danky Panky Parties have the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to fully cooperate in the defense of such claims.

Limitations on Damages

Danky Panky's liability, if any, is limited to direct and foreseeable damages, up to the amount specified below. Danky Panky shall not be liable for any indirect, incidental, consequential, special, statutory, punitive, or exemplary damages, such as loss of revenue, anticipated profits, or business, loss or damage to data, or emotional distress. In no event shall Danky Panky's total liability exceed US $100.00. These limitations and exclusions apply even if this remedy does not fully compensate you for any losses or fails its essential purpose, or if Danky Panky knew or should have known about the possibility of such damages. These limitations and exclusions apply to any claims related to this Agreement or the Services to the maximum extent permitted by law.

Links to Third Party Websites

The Websites may contain links to third-party websites for your convenience and reference. Please note that Danky Panky does not operate or control any information, software, products, or services on these third-party websites. The inclusion of a link to a website does not imply endorsement of the services, website contents, or sponsoring organization by Danky Panky. Your use of any third-party websites may be subject to additional terms and conditions set by the respective website operators. When you leave the Websites, you acknowledge that Danky Panky is not responsible for the accuracy or content of information provided on external websites, nor is it liable for any technical or system issues arising from your access to or use of third-party technologies or programs available through those websites.

Errors and Delays

You acknowledge and agree that Danky Panky is not responsible for any errors or delays in responding to your request or referral form that may be caused by factors such as an incorrect email address or other information provided by you, or technical issues beyond our reasonable control.

Dispute Resolution, Governing Law, Waivers and Limitations

You agree that any dispute between you and Danky Panky, including disputes related to the Websites, Content, or Services, shall be resolved through binding individual arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. The arbitration hearings will take place in Charlotte, North Carolina, and the arbitrator(s) will be bound by the law and strive to expedite the proceedings and limit discovery. By agreeing to arbitration, you waive your right to litigate the dispute in court and waive your right to a jury trial. The laws of the state of North Carolina will govern any dispute, and if any matter proceeds to court, you consent to the exclusive jurisdiction and venue of the state and federal courts in Mecklenburg County, North Carolina.


You also agree that any arbitration under this agreement will be conducted on an individual basis, and you may not join or consolidate claims with those of any other party. Furthermore, you are not permitted to litigate or arbitrate claims as a representative or member of a class or in a private attorney general capacity.

Any dispute or disagreement regarding the enforceability, applicability, or interpretation of any provision of this Agreement, including the provisions related to dispute resolution and arbitration, will be subject to arbitration.

Additionally, you acknowledge that any dispute or cause of action arising from or related to the Websites, Services, or Content must be initiated within one year from the date the dispute or cause of action accrues, or within a reasonable timeframe of when you should have known about it through diligent effort. Otherwise, the cause of action is permanently barred.

Miscellaneous Terms

This Agreement, including all referenced or incorporated policies, agreements, and provisions, constitutes the entire agreement between you and Danky Panky, superseding all prior or contemporaneous oral or written agreements or communications between the parties regarding the subject matter discussed herein. In the event of a conflict between the language of this Terms of Use Agreement and any incorporated terms, the latter incorporated terms shall prevail.

You acknowledge and agree that, by entering into this Agreement, you are not relying on any representation, warranty, statement, or promise, whether expressed or implied, that is not explicitly set forth in this Agreement. You hereby waive any claim of reliance on such representations. If any provision of this Agreement is found to be invalid or unenforceable, you agree that such provision shall be modified to the extent feasible to make it enforceable with respect to the specific dispute at hand and to reflect the original intent of the provision as considered in the context of this Agreement as a whole. This modified provision shall be enforced with respect to the underlying claims in the dispute, and any finding of invalidity or unenforceability shall not affect the validity or enforceability of this Agreement as a whole or any other provision herein.

Terms Applicable to Insurance Request Services

Danky Panky is not a licensed insurance agency or broker and does not provide insurance quotes as regulated by RCW 48.17 or similar state statutes. The information provided by Danky Panky is not intended to replace professional advice from a licensed insurance agent, nor does it evaluate insurance providers or their policies. It is recommended that consumers consult with a licensed insurance agent before purchasing any insurance policy.

Danky Panky does not sell insurance or bind coverage on its Websites. Instead, Danky Panky facilitates the offering and sale of insurance and other authorized products by Providers to users, including Prospects who have applied for insurance quotes on Danky Panky's Websites. Danky Panky may collect Prospect information through a Qualification Form and sell that information to Providers with the Prospect's authorization. The quality, safety, legality, truth, accuracy, and ability to offer or sell products are the sole responsibility of each user, including the Prospect and Provider. Danky Panky acts as an independent contractor and is not responsible for the conduct of any Prospect or Provider. Danky Panky does not endorse or recommend any Providers, companies, or insurance policies. It does not provide insurance, tax, legal, or financial advice. Danky Panky does not guarantee that any Providers will contact a Prospect or provide the desired coverage. Prospects seeking personal advice or specific policy recommendations are advised to consult with an insurance agent, broker, or qualified professional.

For Medicare-related plans, if you apply for insurance quotes on this site, a representative may contact you to verify eligibility and connect you with a licensed insurance agent from Danky Panky, its subsidiaries, or its Provider partners. Danky Panky and it's Insurance Solutions' licensed agents may offer rates and policies for Medicare-related plans through their partners and under their respective licenses. Eligibility for products and services may vary, and the issuing insurance company will determine eligibility based on underwriting guidelines and applicable law. Availability of policies may vary by state.

Additional Terms

Danky Panky provides educational content and operates online marketplaces for consumers to compare financial products and services offered by its network of Providers.

By submitting a Qualification Form with your electronic signature on any of the Websites, you indicate your desire to be contacted by Providers and provide written consent for Danky Panky, a third party on Danky Panky's behalf, and the matched Providers to deliver calls or text messages to the phone number you provided, including for marketing purposes, using an automatic telephone dialing system or prerecorded voice. This consent applies even if your number is listed on any Do-Not-Call lists. Your consent is not required to use Danky Panky's services.

You also consent to receive emails from Danky Panky and its Providers at the email address you provided, and you agree that these emails will not be considered spam or unauthorized. You may opt out of receiving calls from Danky Panky by emailing [email protected], notifying a customer service representative, or responding to SMS or text messages in accordance with the instructions provided. You are responsible for notifying specific Providers directly if you no longer wish to receive communications from them. Danky Panky is not responsible for a Provider's failure to comply with your request to stop contacting you.

When you save your information or submit a Qualification Form, you represent that the provided information is true, accurate, current, and complete. You acknowledge that you are solely responsible for using your account and agree to keep your login information confidential, employ safeguards against unauthorized access, and not share your credentials with third parties. You are responsible for all activities conducted under your member account and must notify Danky Panky immediately if you believe your account is no longer secure.

By submitting information, creating an account, or registering for services through Danky Panky and its Websites, you establish a business relationship with Danky Panky. Accordingly, Danky Panky may send your information to affiliates and third parties as outlined in the Privacy Policy. You consent to receiving information and offers of services from Danky Panky, its affiliates, and parties calling on Danky Panky's behalf. Danky Panky retains the provided information and may make live or recorded calls to discuss or provide information related to your submission.

When selecting a Provider through Danky Panky's website, Danky Panky may receive Personally Identifiable Information (PII) from the Provider regarding your request. You provide written consent for Danky Panky and selected Providers to share and maintain this PII for various purposes, including litigation, regulatory and law enforcement requests, internal analytics, marketing, and other legally permissible purposes.

Certain state and federal laws require the secure maintenance and retention of the information you provide to Danky Panky. Providers may also share the information you submit to adhere to applicable laws. Danky Panky and Providers may maintain and share information provided by you and third parties for internal marketing and analytics purposes.

To comply with identity verification requirements, Danky Panky and its Providers may obtain, verify, and record information that identifies each person opening an account. This includes your name, Social Security Number, address, telephone number, date of birth, and other relevant information. Danky Panky and its participating Providers may ask for this information to properly identify you and fulfill legal obligations.

Services offered by Providers are available only to residents of states where the Providers are authorized to operate. Providers' participation on the Websites does not imply offering services outside their authorized jurisdictions. Any information provided by a Provider regarding services outside their authorized jurisdiction is for informational purposes only. Providers may discontinue, suspend, or terminate the offering of services in specific states through the Websites without prior notice.

Danky Panky does not guarantee acceptance into any program or specific terms and conditions with Providers. Approval standards are determined solely by individual Providers, and the rates offered by Providers may vary based on various factors, including your profile, collateral considerations, and income/assets. Danky Panky does not guarantee the lowest rates available or the final rate charged by Providers. If you agree to terms with a Provider through Danky Panky's website, you are responsible for paying any associated costs.

By clicking on buttons indicating acceptance or agreement to terms, or by continuing the submission process, you acknowledge and agree to the stated terms and conditions. You are submitting an inquiry for a Service through Danky Panky to the matched Providers.

Terms Applicable to Financial Education Content

Danky Panky offers content and tools on its Websites to help improve your financial education and understand the potential impact of financial decisions. However, it is important to note that Danky Panky's materials are provided for informational, educational, and entertainment purposes only. Danky Panky does not provide legal, financial, investment, tax planning, or medical advice.

You may come across offers from companies on Danky Panky's Websites that compensate Danky Panky. The compensation received may influence the placement and order of these offers. It's important to be aware that Danky Panky does not present the entire range of available products and services.

How We Are Compensated

Danky Panky receives a marketing lead generation fee from Providers for the goods, facilities, and services they provide. By using the Websites and/or Danky Panky's services, you agree to this compensation arrangement.

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