Terms of Service
Last Updated on January 11, 2017.
RETIRELY IS NOT A REGISTERED INVESTMENT ADVISOR AND DOES NOT OFFER INVESTMENT ADVICE. RETIRELY IS NOT A THIRD PARTY PAID SOLICITOR FOR REGISTERED INVESTMENT ADVISORS. RATHER, RETIRELY IS A TECHNOLOGY PLATFORM AND NEWS FORUM, WHERE MEMBERS OF THE PUBLIC MAY SEEK TO LOCATE A REGISTERED INVESTMENT ADVISOR. USERS CAN VIEW, LEARN ABOUT, AND CONNECT WITH REGISTERED INVESTMENT ADVISORS, AND THEIR INVESTMENT ADVISOR REPRESENTATIVES, WHO ARE LISTED IN THE SITE’S DIRECTORY (COLLECTIVELY “ADVISORS”) AS WELL AS INTERACT WITH THEIR OWN CONTACTS TO DISCUSS AND SHARE INFORMATION ABOUT ADVISORS.
1. About the Site
You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to you on the Site (including Information provided in direct response to your searches and other activities) may be provided by individuals in the investment advisory profession, the provision of such Information does not create a professional/client relationship and does not constitute an opinion or investment advice but is provided to assist you with locating an Advisor.
2. We Do Not Provide Investment Advice
Retirely is not a Registered Investment Advisor and does not offer investment advice. The Information that you obtain or receive from Retirely and its employees, contractors, partners, sponsors, advertisers, or licensors or otherwise on the Site is for informational purposes only. Nothing on this site constitutes an offer to sell or the solicitation of an offer to buy any securities. All investment related information appearing on an Advisor’s portion of our Site (i) comes from independent investment professionals and organizations, (ii) is for informational purposes only, and (iii) does not establish any professional/client relationship. You understand that no content published as part of the Services constitutes a recommendation that any particular investment, security, portfolio of securities, transaction or investment strategy is suitable for any specific person. To the extent any of the content published as part of the Services may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.
THE INFORMATION PROVIDED ON THE SITE AND IN ANY OTHER COMMUNICATIONS FROM OR PROVIDED THROUGH RETIRELY OR THE SITE IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL INVESTMENT ADVICE. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING INVESTMENT ADVICE FROM A QUALIFIED PROFESSIONAL BECAUSE OF SOMETHING YOU READ ON THE SITE. YOUR USE OF INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PROVISION OF INVESTMENT ADVICE.
We do not validate, recommend, or endorse any specific Advisor or other information that may appear on the Site. Rather, the Site is only a conduit or intermediary that provides the Information regarding Advisors, as provided to us by Advisors and other Users of the Site. If you rely on any of the Information provided on our Site, you do so solely at your own risk. The Information on the Site may include statements of opinion, which are not statements of fact or Retirely’s recommendations to utilize the services of any specific Advisor. You understand that the views expressed on an Advisor’s web page are the Advisor’s own opinions. Advisors web pages may contain opinions from time to time with regard to securities, and those opinions may be different from those contained or obtained from another Advisor. You should obtain any additional information necessary to make an informed decision before selecting and using any specific Advisor. You agree to assume all responsibility in connection with choosing any Advisor, whether or not you obtained information about such Advisor on or through the News Site or APP. Retirely is not responsible or liable for any advice or other services rendered by any Advisor or for any claims that may arise directly or indirectly from any such advice or services. Trading in securities (including, without limitation, stocks, options, mutual funds, ETFs and bonds) involves risk and volatility. Past results are not necessarily indicative of future performance.
3. No Client Relationship
NO PROFESSIONAL/CLIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE SITE OR THROUGH ANY OTHER COMMUNICATIONS FROM RETIRELY INCLUDING, BUT NOT LIMITED TO, LINKS TO OTHER SITES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN ADVISOR. YOU FURTHER UNDERSTAND THAT RETIRELY WILL NOT ADVISE YOU PERSONALLY CONCERNING THE NATURE, POTENTIAL, VALUE OR SUITABILITY OF ANY PARTICULAR INVESTMENT, SECURITY, PORTFOLIO OF SECURITIES, TRANSACTION, INVESTMENT STRATEGY OR OTHER MATTER. WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, OR OTHER INFORMATION CONTAINED ON THE SITE. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED OR LISTED ON THE SITE. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.
We have no control over, and cannot guarantee the availability of, any Advisor. We will not be liable for cancelled or otherwise unfulfilled appointments, changes of status or condition of an Advisor, or for any other injury resulting from the use of the Site or Services whatsoever, including but not limited to your reliance on advice given by an Advisor.
You are strongly advised to perform your own due diligence on any Advisor you consider contacting and engaging. In that regard, you may wish to review prospective Advisors at the U.S. Securities and Exchange Commission’s (“SEC’s”) Public Disclosure Website location http://www.adviserinfo.sec.gov/IAPD/Content/Search/iapd_Search.aspx in addition to other due diligence that you find appropriate or desirable.
4. Authorization and Acknowledgement; Important Information About Advisor Relationships and Lists
In connection with using the Site and the Services to locate Advisors, you understand that:
- YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR OWN ADVISOR
- Retirely is designed to help prospective investors locate Advisors either near them geographically or based on other criteria selected by you. It is not a mechanism to solicit prospective clients for specific investment advisors
- Retirely lists Advisors on the APP pursuant to a contractual agreement with the Advisors. In return, Advisors pay an initial set up fee and a monthly fee to Retirely to appear on the Site, and those are the only fees that Retirely receives from Advisors; That fee is not based on the number of client referrals an Advisor receives, or the number of ultimate clients an Advisor may obtain through the Site Not all advisor’s who have published news on our Retirely’s new site are members of Retirely and on the APP
- Retirely will provide you with access to feedback and information about Advisors, WITHOUT RESPECT TO ANY DETERMINATION OF SUITABILITY OF SUCH ADVISOR TO YOUR PARTICULAR NEEDS. Retirely (i) does not recommend or endorse any Advisor, and (ii) does not make any representations or warranties with respect to the Advisors or the quality of the services they may provide
- Retirely uses an automated rating system that rates Advisors based information from User surveys. Other feedback created and solicited by Retirely from you and other Users may also be made available. A User’s feedback is solely their opinion and not that of Retirely. Retirely’s automated rating system may not be representative of any one User’s experience because the rating reflects an average of all, or a sample of all, of the experiences with the Advisor by Users, who comment about such experiences on Retirely. Such ratings are not indicative of the Advisor’s future performance; Retirely uses reasonable efforts to ensure that Advisors only participate in the Services if they hold an active license with their applicable Regulator (SEC or home state regulatory authority). At any time, Retirely may at its discretion exclude any Advisor, including any Advisor who, to Retirely’s actual knowledge, has engaged in inappropriate or unprofessional conduct
- Some Advisors may also be registered broker-dealers, or registered representatives of broker-dealers, who may offer or provide other products or services; however Retirely’s focus relates solely to registered investment advisors and the services they provide and
5. Editorial Control
We provide the Site as a technology platform and forum where Users can obtain Information. While we do review or monitor the Site’s content, it is important to note that the timeliness and accuracy of any or all of the Information is not guaranteed. Neither the authors, the editorial personnel, nor any other party who has been involved in the preparation or publication of this work can assure you that the Information contained herein is in every respect accurate or complete, and neither we nor they are responsible for any errors or omissions or for the results obtained from the use of such Information. Retirely disclaims any liability related to the content of any Information, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise. You are encouraged to independently confirm the Information contained herein with other sources and to seek the advice of qualified professionals.
Information found on the Site is intended for general reference purposes only. Information on an Advisor’s page is self-reported. Other Information about Advisors is provided by other Users. Any Information on the Site may become out of date or be inaccurate. Neither the Site nor Retirely provides any advice or qualification certification about any particular Advisor other than the Advisor’s written representation to Retirely, and Retirely’s belief to its actual knowledge, that the Advisor is registered with the SEC or a state regulatory authority at the time that the Advisor was added to the Site. This certification only includes the Advisor’s home state regulatory authority and does not certify that any particular Advisor is licensed to offer investment advice in the User’s state of residence. You are encouraged to independently verify all Information.
The products and services discussed or advertised within the Site are not applicable to all individuals or situations. We make no claim about the effectiveness of any product or service. Any product or service represented on the Site by advertisers, sponsors, and other Site participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome, or success.
Any Information placed on the Site by Users or other third parties, including advice and opinions, are solely the views and responsibility of those posting such information or material, and do not necessarily represent the views of Retirely. Users’ comments may not be representative of each client’s experience and are not indicative of an Advisor’s future performance. We reserve all of our rights to discontinue in our sole discretion the Site, any parts thereof, or any Services provided on the Site in general or to any User or Advisor at any time.
When you register with us, you will do so either by setting up an account with us or by authenticating through a social media site, such as Facebook or Linkedin. Certain Services will only be available to you if you authenticate through a social media site. As part of the registration process, you will provide an e-mail address and password (your “Credentials”). Your Credentials are used to access the Services that are only available to members. You are responsible for maintaining the confidentiality of your Credentials. Accordingly, you are responsible for all activities that occur under your Credentials and for notifying us if your password has been hacked or stolen. You may notify us by sending an email to email@example.com.
7. Your Personal Information
8. Your Responsibilities
Even though the Services are provided to you free of charge, the charges for any services rendered by Advisors to you will apply and will be entirely your responsibility. If an Advisor’s fees are disclosed on our Site, such fees may not be current or may not represent the fees for the services that you engage an Advisor to perform. It is your responsibility to determine, understand, and agree to the fees that you are responsible for when and if you engage an Advisor.
You are responsible for all use of the Site and for all use of your Credentials, including use by others to whom you have given your Credentials. You may use the Site and the Services for lawful, non-commercial purposes only. Accessing (or attempting to access) our Site or any Services by any means other than through the means we provide is strictly prohibited. You specifically agree not to access (or attempt to access) our Site or any of our Services through any automated, unethical or unconventional means. Engaging in any activity that disrupts or interferes with our Site or Services, including the servers and networks on which and to which our Site is located or connected, is strictly prohibited. Attempting to copy, duplicate, reproduce, sell, trade, resell, or store our Services or any Information on our Site is strictly prohibited. You may not use any metatags, meta elements, hidden text, or other equivalents using the names “Retirely,” “www.Retirely.com,” or any other colorable equivalent without the prior written authorization of Retirely. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you or through the use of your Credentials. Retirely may in its absolute discretion terminate all or any part of the Services and your access to any non-public part of the Site. Such termination may be for any or no reason, including but not limited your misuse of the Services, such as if you schedule multiple appointments with an Advisor that you do not keep.
In addition to our rights in these Terms of Service, we may take any legal or self-help action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Service.
9. Changes and Interruptions to the Services
We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included on the Site, and the use of new services will be governed by these Terms of Service. Retirely will not be liable to you or any third party for any suspension or discontinuation of any of the Services. The Services and the Site will not always be available to you. We do not and cannot guarantee that the Site and Services will be available to you at all times. We may, for example, perform
maintenance on the Site that requires it to be made unavailable. Services and the Site may also be interrupted for other reasons beyond our control, such as interruptions caused by electronic or mechanical equipment or communication lines, telephone or other connectivity problems, network volume, third-party software blocking of email delivery, computer viruses, unauthorized access, theft, or operator errors, Retirely shall not be liable for any interruptions or termination of Services.
10. Links to Other Sites
The Site may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. As a convenience to our Users, Advisor pages on our Site may contain links to information created and maintained by the Advisor or other organizations. Retirely does not control, and is not responsible for, the accuracy, timeliness, or the continued availability or existence of such information. Opinions expressed on Advisor pages and elsewhere on the Site are not those of Retirely, and Retirely does not endorse, warrant, or guarantee products or services described or offered on Advisor pages or elsewhere on our Site. Retirely is not responsible or liable for the content of any website linked on any Advisor page or elsewhere on our Site.
11. Additional Terms
Certain of the Services on the Site may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these Terms of Service. If you choose to register for or access any such Services, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.
12. No Spamming
You will not use contact information provided by our Users or collaborating Advisors, or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You will not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Site immediately and take other legal action if you or anyone using your Credentials violates these provisions.
13. Content You Post or Submit
We may provide various open communication tools on our Site, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. We generally do not pre-screen or monitor the content posted by Users of these various communication tools. If you choose to use these tools to submit any type of content to our Site (collectively “Posted Information”), then it is your personal responsibility to use these tools in a responsible and ethical manner. If you provide feedback about an Advisor, please give clear, honest information about the Advisor and your experiences, but do not use inappropriate language or make gratuitous personal criticisms or comments. When participating in other interactive or community aspects of the Service, please include all relevant information in a concise manner. We reserve the right to remove your Posted Information for any or no reason, but we are not obligated to do so. Nor shall we be responsible for any failure or delay in removing Posted Information. Keep in mind that the Posted Information of others is simply opinion and should not be relied on. You are solely responsible for any Posted Information that you submit to the Site or transmit to other members or other Users of the Site or that is otherwise submitted under your Credentials. RETIRELY SHALL NOT BE RESPONSIBLE FOR NOR LIABLE AS A RESULT OF ANY POSTED INFORMATION ON THE SITE. By posting information or otherwise using any open communication tool on our Site, you agree that you will not upload, post, share, or otherwise distribute any content that:
- Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, or racist, or promotes any of the foregoing types of activities, or contains any type of suggestive, inappropriate, or explicit language;
- Is untrue or misleading;
- Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any person;
- Contains any type of unauthorized or unsolicited advertising; or
- Impersonates any person or entity, including any Retirely employee or representative, or falsely expresses or implies that such Information is sponsored or endorsed by Retirely.
Retirely reserves the right to investigate and take appropriate legal or self-help action in its sole discretion against anyone who, in Retirely’s determination, violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking your use of the Services or the Site.
By posting Posted Information on the Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Retirely, its contractors, and the Users of the Site an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information. This license is non-exclusive, except you agree that Retirely shall have the exclusive right to practice this license to the extent of combining your Posted Information with the Posted Information of other Users, sources and the public domain for purposes of constructing or populating a searchable database of such information and information related to the investment industry.
14. Intellectual Property
All of the Information available on or through the Services and the Site, including without limitation, text, photographs, graphics, and video and audio content, is owned by us, our licensors, or the Advisors or their affiliates. All such Information is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. Except as expressly and unambiguously provided in these Terms of Service, Retirely does not grant you any express or implied rights in the Information, and all rights in the Site and the Services not expressly granted by Retirely to you are retained by Retirely or by the respective owners of the Information.
15. Disclaimer of Warranties
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which Users gain access to the Site or the Services; what content you access via the Site or the Services; what effects the content on the Site or the Services may have on you; how you may interpret or use the content on the Site or the Services; or what actions you may take as a result of having been exposed to the content on the Site or the Services. You release us from all liability for you having acquired or not acquired content through the Site or the Services. The Site or the Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site or the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Site or the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site or the Services. WE PROVIDE THE SITE AND THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING OR THAT ANY OF THE CONTENT WILL ASSIST YOU IN IDENTIFYING A SUITABLE ADVISOR OR FOR ANY OTHER PURPOSE. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. RETIRELY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY REGARDING ANY AGREEMENT YOU MAY MAKE WITH OR PRODUCTS OR SERVICES YOU MAY OBTAIN FROM ADVISORS OR OTHER THIRD PARTIES OF WHOM YOU LEARN THROUGH OR ON ACCOUNT OF THE SITE OR SERVICES, AND YOU AGREE TO LOOK SOLELY TO SUCH PERSONS REGARDING ANY CLAIMS ARISING OUT OF SUCH AGREEMENTS, PRODUCTS, OR SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, RETIRELY MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SITE, OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. RETIRELY DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE, OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS, OR OTHER HARMFUL ITEMS.
16. General Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES. THE LIMITATIONS IN THIS SECTION APPLY EVEN IF THERE IS NEGLIGENCE (AS OPPOSED TO GROSS NEGLIGENCE OR WILLFUL MISCONDUCT) BY RETIRELY OR BY AN AUTHORIZED REPRESENTATIVE OF RETIRELY. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR THE MALPRACTICE OR NEGLIGENCE OF ADVISORS UTILIZED THROUGH OR DUE TO YOUR USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT (OTHER THAN OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT) SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO REGISTER FOR THE SITE AND THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES OR CAUSES OF ACTION, WHERE THE LAWS OF SUCH STATES OR JURISDICTIONS APPLY, OUR LIABILITY SHALL BE LIMITED TO THE GREATER OF $10 OR THE MAXIMUM EXTENT OTHERWISE PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
RETIRELY IS NOT A REGISTERED INVESTMENT ADVISOR AND DOES NOT OFFER INVESTMENT ADVICE. RETIRELY IS NOT A THIRD PARTY PAID SOLICITOR FOR INVESTMENT ADVISORS. RATHER, RETIRELY IS PROVIDING A CLEARING-HOUSE SERVICE AND FORUM TO MEMBERS OF THE PUBLIC, WHO MAY BE SEEKING TO LOCATE A REGISTERED INVESTMENT ADVISOR. NOTHING ON THIS SITE CONSTITUTES AN OFFER TO SELL OR THE SOLICITATION OF AN OFFER TO BUY ANY SECURITIES.
We may terminate or suspend your registration immediately, without notice, if Retirely determines, in our sole discretion, that there has been a violation of these Terms of Service or other policies and terms posted on the Site by you or by someone using your Credentials. We may also terminate or suspend your registration for any other reason, including inactivity for an extended period, but may attempt to notify you in advance of such cancellation or suspension. Retirely shall not be liable to you or any third party for any termination of your access to the Site or the Services. Further, you agree not to attempt to use the Site or the Services after any such deletion, deactivation or termination (provided, in the case of deactivation due exclusively to your inactivity, you may re-register). Sections 2, 3, 4, 5, 8, 13, 15, 16, 17, 18, 21, 22, 23 and 24 shall survive any termination or expiration of these Terms of Service.
If there is a forced termination due to a violation of the Terms or Services OR you make the decision yourself to terminate your relationship with Retirely, you will not receive a refund of any fees that you have paid to use our services. If you chose the monthly fee contract, you will still be responsible for the full 12 months as your contract states. If you paid a one time fee for the year at a discount, you will not receive a refund if you terminate your relationship before the 12 months expires.
Your contract will not automatically terminate at the end of the 12 month contract. If you do wish to terminate your relationship with Retirely at the end of your contract, you must notify us before your contact expires. For example, if you signed up for Retirely on Jan 1, 2017, you would need to send an e-mail to firstname.lastname@example.org by Dec 31, 2017 in order to avoid the auto-renewal.
You will defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, suppliers, successors, and assigns from all liabilities, claims, demands, and expenses, including attorney’s fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of these Terms of Service or of any intellectual property or other right of any person or entity, by you or any third party using your Credentials. The foregoing indemnification obligation does not apply to liabilities, claims, and expenses to the extent that they arise from our own gross negligence or intentional misconduct.
In addition, you will promptly notify Retirely in writing of any notice, suit, or action against you based upon a claim that any content that you uploaded, posted, shared, or otherwise distributed on or through the Site infringes a patent, copyright, trademark, or trade secret of a third party, and we may notify you of any such notice, suit, or action against Retirely based on your content, the expenses of which notice, suit, or action, and any expenses, damages, and settlement costs arising thereof, shall be includable in any indemnity claim by Retirely against you pursuant to these Terms of Service. In the event of such notice, suit or action, you will also, at your expense, procure for Retirely the right to continue using the content.
19. Electronic Contracting and Notices
20. Copyright Dispute Policy
Retirely has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Retirely’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is provided at the bottom of this section.
It is Retirely’s policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, Advisors, affiliates, content providers, members, or Users; and (b) remove and discontinue Service to repeat offenders. Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Site or the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below (“Proper Bona Fide Infringement Notification”):
- An electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Retirely is capable of finding and verifying its existence;
- Contact information about the notifier, if available, including address, telephone number, and email address;
- A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner. Upon Receipt of a Bona Fide Infringement Notification.
Once a Proper Bona Fide Infringement Notification is received by the Designated Agent and we make a good faith determination that the material is copyrighted material that has been illegally copied and placed on our Site, it is Retirely’s policy:
- to remove or disable access to the potentially infringing material;
- to notify the content provider, member, or User that it has removed or disabled access to the material; and
- that for repeat offenders, Retirely may also terminate such content provider’s, member’s, or User’s access to the Service.
- Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider, member, or User believes that (a) the material that was removed or to which access was disabled is not infringing or (b) it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member, or User must send a counter-notice containing the following information to the Designated Agent listed below:
An electronic signature of the content provider, member, or User; Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; A statement that the content provider, member, or User has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
The content provider’s, member’s, or User’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s, or User’s address is located, or if the content provider’s, member’s, or User’s address is located outside the United States, for any judicial district in which Retirely is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement. Removal.
If a counter-notice is received by the Designated Agent, Retirely may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or User, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Retirely’s discretion.
Address for Designated Agent. Please contact Retirely’s Designated Agent to Receive Notification of Claimed Infringement at the following e-mail address:email@example.com.
21. Additional Terms
22. Choice of Law and Dispute Resolution
These Terms of Service shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of New York as applied to contracts made and to be performed entirely within New York, without giving effect to the state’s conflicts of law statute. Any controversy, dispute or claim arising out of or related to these Terms of Service or your use of the Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State, City, and County of New York, pursuant to the rules of the American Arbitration Association. The arbitration tribunal shall consist of one arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, including attorney’s fees, as the arbitrator deems appropriate.
We may assign this contract at any time to any parent, subsidiary, or any affiliated company or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer, or sublicense these Terms of Service to anyone else, and any attempt to do so in violation of this section shall be null and void.
You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Site and the Services. If you do not meet this age requirement, you may not use this Site, and you must have your parent or legal guardian use this Site on your behalf. If you are the parent or legal guardian of a child under the age of 18, you may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms of Service to “you” shall refer to (a) such child or such other individual for whom you have authorization to enter into these Terms of Service on their behalf, and (b) you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If you do not qualify under these terms, do not use the Site or Services. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. The Site is administered in the U.S. and intended for U.S. Users. Any use outside of the U.S. is at the User’s own risk, and Users are responsible for compliance with any local laws applicable to their use of the Services or the Site.
Retirely welcomes your feedback and suggestions about how to improve this Site and the Services. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to Retirely, you represent and warrant that such feedback does not infringe the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to Retirely. In addition, any feedback received through this Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Retirely to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback, without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
Feedback can be sent electronically to firstname.lastname@example.org.