Menu

Retirement Investor Terms of Use

By using our website, tools, videos, commentary, and other content (collectively the “Services”) you agree to be bound by these Terms of Use. These Services are for personal use only, are provided to you by paid subscription only, and are subject to the following Terms of Use.

YOU UNDERSTAND THAT BY USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU SHOULD NOT SUBSCRIBE TO RETIREMENT INVESTOR LLC (”RETIREMENT INVESTOR,” “WE” OR “US”) OR USE THE SERVICES WE PROVIDE.

We may change these terms at any time, but we will make reasonable efforts to post a notice on this website of any material changes. Your continued use of Retirement Investor and its Services means that you accept any new or modified terms and conditions. Further, we reserve the right to modify, discontinue or terminate Services, or any portion thereof, without advance notice, at our sole discretion.

Eligibility

The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use. By accessing or using the Services, you represent and warrant that you are 18 or older. You agree not to use or permit anyone to use the information provided through the Service for any unlawful or unauthorized purpose.

Disclaimer

The Service contains information obtained from sources we fully believe to be reliable; however we make no warranties or guarantees as to the content or accuracy of any information presented on our website.

We are not investment advisors nor do we provide legal, tax or personalized investment advice or make personalized recommendations to buy, sell, short or otherwise place orders relating to any securities, including ETFs, mentioned or discussed. The information and material offered is for educational purposes only. We do not know all the relevant facts about you and your individual needs, and we cannot claim or represent that any particular Services are suitable for you. All opinions are the views of the individual only. Before acting on any information provided by the Service, consult your own investment advisor, legal advisor, or tax advisor.

You are solely responsible for all trades made and must fully research and make your own decisions before acting on any information gained from the Service. Although opinions expressed herein are based on sound judgment and/or research, no warranty is given or implied as to their true reliability. The responsibility for decisions made from information contained in the Service lies solely with the individual making those decisions.

You understand that the Services involve matters with respect to finance and investing, such as investment strategies, asset allocation, stock quotes and in particular the performance of certain ETFs (and their underlying holdings). The Services merely gather, process, and make general investment information available to you.

Your investment decisions should be based on your individual goals, investment time horizon, liquidity needs, and tolerance for risk. Retirement Investor is not responsible for any investment decision you make. Investing involves risk, including risk of loss. Diversification does not ensure a profit or guarantee against loss. Past performance is no guarantee of future results.

You further acknowledge that:

(1) Retirement Investor provides you with general model portfolios that are associated with various investor risk tolerances and the Services are provided for informational purposes only. Retirement Investor does not review the information posted on the Services based, on your individual investment management purposes, and Retirement Investor does not act in any type of financial advisory capacity for you;

(2) the Services may include information it obtains from sources such as stock exchanges, other financial data providers and news sources, and Retirement Investor does not endorse or analyze all such third-party information;

(3) Retirement Investor does not guarantee the accuracy, completeness, or timeliness of any information on the Service;

(4) none of the information provided through the Service constitutes a solicitation or offer to buy or sell any security, or to provide financial advisory services or other advice regarding the future profitability or the suitability of any security or investment; and

(5) the information provided by the Services is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation, and no information from the Service may be copied in any form, by any means, or redistributed, published, circulated or commercially exploited in any manner without Retirement Investor’s prior written consent.

Registration

Except as expressly provided in these Terms of Use, you may only maintain one active subscription per email address with Retirement Investor. This subscription is for a single user only and may not be shared with others. Any other use of multiple accounts or aliases on our Services, including attempts to mislead or defraud us is a breach of these Terms of Use. You agree that you shall be solely responsible for any activities or actions under your account, whether or not you have authorized such activities or actions.

If you subscribe to our Service, you will be asked to create a password, which you’ll need to access the Service. You will also need to provide us with your name, email address, and billing address, as well as your credit card information. You certify that all information you provide is accurate. You also agree to maintain and update your information as necessary so that it remains accurate and current. In the event that any information you provide is inaccurate or not up-to-date, we reserve the right to cancel your subscription. As a registered user, you can update your account settings, including your email address and password.

Billing

You agree to pay the applicable subscription fee as set forth on this site. We reserve the right to increase Service’s fees or institute new charges upon reasonable notice. Service fees are due in advance. You may cancel your subscription at any time. Your subscription will automatically renew upon the expiration date of your monthly or annual subscription period, until you notify us of your decision to cancel your subscription. Accordingly, you agree that your subscription fee will be billed automatically at the beginning of each renewal period, at the then-current rate, to the credit card you used in your most recent transaction with us.

Referral Program

The Retirement Investor Referral Program (the “Program”) makes it easy for you to share your knowledge about 401k Investor with your friends and colleagues and get rewarded at the same time. For every friend or colleague that you refer and who becomes a paying subscriber to Retirement Investor, your account is eligible for a one (1) month credit. The following terms and conditions apply to the Program:

  1. You must have an active paying subscription for Retirement Investor.
  2. You must use the “Refer A Friend Banner” to refer friends and colleagues to Retirement Investor in order to be eligible for the credit. You acknowledge and agree that we may disclose your name to your referees as the referrer.
  3. As the referrer, you will receive a credit equal to one (1) month for each new subscriber you have referred that has registered and paid for one month of Retirement Investor. A “new subscriber” must be a person or entity that is unrelated to the referrer and the credit that the referee receives hereunder cannot directly or indirectly financially benefit the referrer in any way.
  4. You represent and warrant that you have an existing relationship (business, personal or family) with the referee.
  5. Referral program credits do not apply for any accounts that you may have referred prior to the launch of the program.
  6. Only one referrer credit will be granted per each new referral account. If multiple referrers claim the same referral, Retirement Investor will have sole discretion to identify the referrer for such referral.
  7. Referral accounts that are cancelled by Retirement Investor for any reason (non-compliance with Retirement Investor’ Terms of Use) will not be included in the Program.
  8. Retirement Investor credits are not transferable or redeemable for cash.
  9. Retirement Investor reserves the right to terminate the subscription of any referring subscriber and / or referred subscriber or decide not to provide a credit for any reason, including if Retirement Investor suspects that there is some abuse of the program by either or both parties.

Intellectual Property

You acknowledge and agree that we exclusively own all rights, title and interest in and to the information and content provided through the Service and all proprietary rights in the information. By “Content” we mean any information, mode of expression, or other materials and services found on the site. This includes blogs, commentary, ratings, software, our writings, graphics, videos, and any and all other features. Reproduction, distribution and transmission of any information obtained from the Service is strictly prohibited, except with prior written permission from use. You also may not republish, post, transmit or distribute the Content to online bulletin and message boards, blogs, chat rooms, intranets or anywhere else without our consent. You further agree not to create abstracts from or scrape our Content for use on another website or service.

License Grant

“User Information” as used in these Terms of Use means, collectively, the information and other content that you post, upload, submit, provide, approve of, or otherwise make available in connection with the Service. User Information specifically includes personal information such as name, address, portfolio information including value and investment strategy, and email address, as well as any other information available to the Service.

We do not claim ownership rights in your User Information. However, by uploading, submitting, emailing, posting, publishing, providing, approving, sharing or otherwise making available any User Information to us or within the Service, you hereby grant us a nonexclusive, worldwide, royalty-free, sublicensable, perpetual, and irrevocable right and license to use, store, reproduce, modify, adapt, and prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, and otherwise exploit such User Information in any form, medium, or technology now known or later developed, including without limitation on the site (including areas of the site different from the area of the site to which you provided the User Information), and on third-party websites through which you may access the Services or parts thereof. In addition, you warrant that all moral rights in any User Information have been waived, and you do hereby waive any such moral rights. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the foregoing licenses to us. We shall own all right, title and interest in and to all derivative works and compilations of User Information that are created by us, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by us to give to us the full benefit of the rights granted to us by you.

Limitation of Liability

RETIREMENT INVESTOR DOES NOT MAKE ANY WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN FROM THE USE OF OUR SERVICES WILL MEET YOUR EXPECTATIONS OR THAT AND ANY ERRORS WILL BE IMMEDIATELY CORRECTED.

WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES.

YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SERVICES AND THE ACCURACY OR COMPLETENESS OF THEIR CONTENT.

NEITHER RETIREMENT INVESTORS NOR ANY OF ITS PROVIDERS OF INFORMATION SHALL HAVE ANY LIABILITY FOR (I) THE ACCURACY OR INACCURACY OF THE INFORMATION OR ERRORS OR OMISSIONS THEREIN INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OR ANALYSIS POSTED BY ANY USER, PRICES OF SECURITIES AND FINANCIAL DATA; (B) DELAYS, ERRORS, OR INTERRUPTIONS IN THE TRANSMISSION OR DELIVERY OF THE SERVICE OR CONTENT THEREON; OR (C) LOSS OR DAMAGE ARISING FROM YOUR USE OF THE SERVICE OR CONTENT THEREON OR BY ANY REASON OF NONPERFORMANCE.

NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR FOR OTHER DAMAGES BEYOND THE SUBSCRIPTION FEE FOR ONE CALENDAR MONTH. YOU HEREBY WAIVE ANY AND ALL CLAIMS YOU HAVE OR MAY HAVE AGAINST RETIREMENT INVESTOR OR ITS AGENTS, OFFICERS, MEMBERS, DIRECTORS AND/OR EMPLOYEES AND/OR CONTRACTORS AS A RESULT OF ANY INFORMATION YOU RECEIVE FROM THE SERVICES.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

User Representations

You represent and warrant that all statements made by you in using the Service are true, accurate, and correct and that you have the authority to make such statements. You agree to defend and indemnify Retirement Investor and its officers, members, directors, employees, and agents and to hold them harmless from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Services, Content or User Information; (ii) your violation of any of these Terms of Use; (iii) your violation of any third-party right, including without limitation any intellectual property right, property, or privacy right; (iv) any claim that your User Information caused damage to a third-party; or (v) any claim related to your distribution of any Content or User Information.

Third-Party Links

The Services or content thereon may provide links to third- party websites or resources. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of such websites or resources or the content, products, or services on or available from such websites or resources. You further acknowledge that we do not endorse such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Reservation of Rights and Termination

If we believe, in our sole discretion, that a violation of these Terms of Use has occurred, we may take any corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any user information. We may seek to gather information from a user who is suspected of violating these Terms of Use (or from any other user) and you agree to provide us with such information. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available any information, emails, or other materials that are believed to violate these Terms of Use.

We reserve the right to terminate this Agreement or modify these Terms of Use for any reason whatsoever, without prior notification. We further reserve the right to refuse and to terminate Service to you at any time without reason. If Service is terminated by us, the remaining term of the subscription will be prorated and refunded to you within thirty (30) calendar days. Refunds will be paid in the manner received. Subscriptions of less than one (1) month are not refundable.

Our Services are directed at a U.S. audience. We cannot warrant that the Services are appropriate for users outside the United States or that use of the Services is permitted under the laws of other jurisdictions. All personal data is maintained in the United States under the terms of our Privacy Policy, which is also incorporated by reference.

Governing Law; Venue

All matters relating to your access to and use of the Service, including these Terms of Use, shall be governed by and decided in accordance with the Laws of the State of Connecticut, without regard to any conflicts of laws and principles thereof. You hereby submit and consent to the exclusive jurisdiction of any state or federal court located within Hartford County, Connecticut, and agree that all actions or proceedings relating to the Site, the Service and these Term shall be litigated in such courts, and you hereby waive any objection which it may have based on improper venue or forum non conveniens to the conduct of any such action or proceeding in such court.

Severability

In the event any provision of these Terms of Use is held to be invalid or unenforceable; the remaining provisions of these Terms of Use shall remain in full force and effect.

Time to Bring Claims

You agree that any claim or cause of action arising out of, or related to the use of, the Service or these Terms of Use must be filed within six (6) months after such claim or cause of action arose or be forever barred.

Entire Agreement

These Terms of Use, together with the Privacy Policy, and any amendments hereto or thereto constitutes the complete and entire agreement between us and you and supersedes any prior or contemporaneous agreements or understandings between us with respect to its subject matter.

Survival

All terms and provisions of these Terms of Use which should by their nature survive the termination shall so survive, including without limitation, those Sections relating to Limitations of Liability, Indemnification, Disclaimer of Warranties, User Warranties, Intellectual Property and Payment of Fees.

Assignment

These Terms are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms of Use shall be null and void. We may freely assign these Terms of Use without consent or notice.

General

The failure of a party to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. The relationship of the parties under these Terms of Use is that of independent contractors, and these Terms of Use will not be construed to imply that either party is the agent, employee, or joint venturer of the other. Any notice or other communication to be given hereunder will be in writing and given by (a) Retirement Investor via email (in each case to the address that you provide), (b) a posting on the site, or (c) you via email to info@retirementinvestor.com or to such other addresses as we may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted.

 

Last updated: 07/14/2014