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Terms & Conditions
By using our site, you are agreeing
to comply with and be bound by the following terms of use. Please
review the following terms carefully. If you do not agree to these
terms, you should not review information or obtain products or services
from this site.
The Retirement Calculator software uses historical market
data to make it's projections. Future market conditions could be
different. It should not be used as the sole
means of making retirement planning decisions. The Retirement Intelligence Information ServicesTM are maintained by our own research analysts
and should not be used as the sole means for gathering retirement
and financial related information.
This service is provided for general educational, informational,
and research purposes only and is not an endorsement, recommendation,
or guarantee of any service, product, or professional.
Retirement Calculator, Inc.
is not involved in any transactions between individuals visiting
the Site ("Users") and the advisors who receive referrals
as a result of information provided by Users on the Site ("Advisors").
Retirement Calculator, Inc. has no control over the quality or legality of
any services provided by the Advisors to the Users or the quality
or suitability of a given Advisor for a given User. You are encouraged
to personally interview, obtain references and reach an independent
decision about your choice of advisor. Retirement Calculator, Inc. receives
a cost per lead from its clients it engages in a contract with.
Selection of a participating professional to represent or advise
you in any matter is your sole responsibility. The Site does not
provide financial services or investment advice of any kind. Past
performance of any Advisor is not an indication of future performance.
By submitting personal information through the Site, you grant permission
for Retirement Calculator, Inc. to provide this information to the
selected clients or advisors. Retirement Calculator, Inc. will use
this information to allow the selected clients or advisors to make
contact with you. We may also contact you directly to discuss your
satisfaction with the service, but we will not provide your contact
information to anyone else except if required by law. The information
and materials found on this Site are not an offer to sell or a solicitation
of an offer to buy any security or investment product or service,
nor shall any such security, product, or service be offered or sold
to any person, in any jurisdiction in which such offer, solicitation,
purchase, or sale would be unlawful under the securities laws of
such jurisdiction.
1. Acceptance of Agreement. You agree to the terms
and conditions outlined in this Terms of Use Agreement ("Agreement")
with respect to our site (the "Site"). This Agreement
constitutes the entire and only agreement between us and you, and
supersedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, the content,
products or services provided by or through the Site, and the subject
matter of this Agreement. This Agreement may be amended at any time
by us from time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should review this
Agreement prior to using the Site.
2. Copyright. The content, organization, graphics,
design, compilation, magnetic translation, digital conversion and
other matters related to the Site are protected under applicable
copyrights, trademarks and other proprietary (including but not
limited to intellectual property) rights. The copying, redistribution,
use or publication by you of any such matters or any part of the
Site, except as allowed by Section 4, is strictly prohibited. You
do not acquire ownership rights to any content, document or other
materials viewed through the Site. The posting of information or
materials on the Site does not constitute a waiver of any right
in such information and materials.
3. Trademarks. Retirement Calculator is a pending
trademark of Retirement Calculator Inc. Other product and company
names mentioned on the Site may be trademarks of their respective
owners.
4. Limited Right to Use. The viewing, printing
or downloading of any content, graphic, form or document from the
Site grants you only a limited, nonexclusive license for use solely
by you for your own personal use and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative works or
other use. No part of any content, form or document may be reproduced
in any form or incorporated into any information retrieval system,
electronic or mechanical, other than for your personal use (but
not for resale or redistribution).
5. Editing, Deleting and Modification. We reserve
the right in our sole discretion to edit or delete any documents,
information or other content appearing on the Site.
6. Indemnification. You agree to indemnify, defend
and hold us and our partners, attorneys, staff and affiliates (collectively,
"Affiliated Parties") harmless from any liability, loss,
claim and expense, including reasonable attorneys fees, related
to your violation of this Agreement or use of the Site.
7. Nontransferable. Your right to use the Site
is not transferable. Any password or right given to you to obtain
information or documents is not transferable.
8. Disclaimer and Limits. THE INFORMATION FROM
OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE,"
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING
BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION, SOFTWARE
AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR
USE OF ANY INFORMATION, SOFTWARE OR SERVICE. IN PARTICULAR, BUT
NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION,
OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES
SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE
ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN
THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES
CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING
THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU
FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND
THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM
LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE
PRICE YOU PAY FOR ANY GOODS, SERVICES, SOFTWARE OR INFORMATION.
9. Use of Information. We reserve the right, and
you authorize us, to the use and assignment of all information regarding
Site uses by you and all information provided by you in any manner
consistent with our Privacy Policy.
10. Third-Party Services. We allow access to or
advertise third-party merchant sites ("Merchants") from
which you may purchase certain goods or services. You understand
that we do not operate or control the products or services offered
by Merchants. Merchants are responsible for all aspects of order
processing, fulfillment, billing and customer service. We are not
a party to the transactions entered into between you and Merchants.
You agree that use of such Merchants is AT YOUR SOLE RISK AND IS
WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE
INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY
OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY
DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS
OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER
SITE LINKED TO OUR SITE.
11. Third-Party Merchant Policies. All rules,
policies (including privacy policies) and operating procedures of
Merchants will apply to you while on such sites. We are not responsible
for information provided by you to Merchants. We and the Merchants
are independent contractors and neither party has authority to make
any representations or commitments on behalf of the other.
12. Privacy Policy. Our Privacy
Policy, as it may change from time to time, is a part of this
Agreement.
13. Payments. You represent and warrant that if
you are purchasing something from us or from Merchants that (i)
any credit information you supply is true and complete, (ii) charges
incurred by you will be honored by your credit card company, and
(iii) you will pay the charges incurred by you at the posted prices,
including any applicable taxes.
14. Securities Laws. This Site may include statements
concerning our operations, prospects, strategies, financial condition,
future economic performance and demand for our products or services,
as well as our intentions, plans and objectives, that are forward-looking
statements. These statements are based upon a number of assumptions
and estimates which are subject to significant uncertainties, many
of which are beyond our control. When used on our Site, words like
"anticipates," "expects," "believes,"
"estimates," "seeks," "plans," "intends"
and similar expressions are intended to identify forward-looking
statements designed to fall within securities law safe harbors for
forward-looking statements. The Site and the information contained
herein does not constitute an offer or a solicitation of an offer
for sale of any securities. None of the information contained herein
is intended to be, and shall not be deemed to be, incorporated into
any of our securities-related filings or documents.
15. Links to other Web Sites. The Site contains
links to other Web sites. We are not responsible for the content,
accuracy or opinions express in such Web sites, and such Web sites
are not investigated, monitored or checked for accuracy or completeness
by us. Inclusion of any linked Web site on our Site does not imply
approval or endorsement of the linked Web site by us. If you decide
to leave our Site and access these third-party sites, you do so
at your own risk.
16. Delivery of Products and Services. The Retirement Calculator can be downloaded from the Retirement Calculator Inc. network of websites or delivered via e-mail as an attachment. The Retirement Intelligence Information ServicesTM is delivered solely and only via email. The customer or recipient needs to have a valid e-mail address to receive products and services via e-mail.
17. 100 % Satisfaction Guaranteed Policy. If you
are not 100% satisfied with your software purchase, we will
refund you the full purchase amount, only if
the Retirement Calculator software 3.0 does not perform as described
on the Retirement Calculator, Inc. website. You will have 72 hrs for
a full refund.
18. Miscellaneous. This Agreement shall be treated
as though it were executed and performed in Canton, Michigan, and
shall be governed by and construed in accordance with the laws of
the State of Michigan (without regard to conflict of law principles).
Any cause of action by you with respect to the Site (and/or any
information, software, products or services related thereto) must
be instituted within one (1) year after the cause of action arose
or be forever waived and barred. All actions shall be subject to
the limitations set forth in Section 8 and Section 10. The language
in this Agreement shall be interpreted as to its fair meaning and
not strictly for or against either party. All legal proceedings
arising out of or in connection with this Agreement shall be brought
solely in Canton, Michigan. You expressly submit to the exclusive
jurisdiction of said courts and consents to extra-territorial service
of process. Should any part of this Agreement be held invalid or
unenforceable, that portion shall be construed consistent with applicable
law and the remaining portions shall remain in full force and effect.
To the extent that anything in or associated with the Site is in
conflict or inconsistent with this Agreement, this Agreement shall
take precedence. Our failure to enforce any provision of this Agreement
shall not be deemed a waiver of such provision nor of the right
to enforce such provision.
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