A. This User Agreement (Agreement) is a legal document. It outlines your rights and obligations as a User of this Web Site (sometimes called Site) in connection with the purchase and use of the RealizeYourRetirement.com provided by Dieter T. Scherer, Jr. By accessing this Site, you acknowledge that you have read, understood, and agree to be bound by the provisions of this Agreement. This Agreement applies to all Users of this Site, irrespective of whether they purchase any services from the website(hereinafter sometimes called Services).
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING CERTAIN LIMITATIONS AND EXCLUSIONS AND A PROCEDURE FOR RESOLVING DISPUTES.
As used in this Agreement:
A. User means an individual or business that accesses or uses the Site.
B. Registration means the process of registering to access or use this Site. You are Registered when you create an account by providing a user name, password, and certain personal contact information as prompted on the Site.
C. Registration Information means the information, including user name and password, required of a User to use the Services.
D. Enrollment means the process of signing up for the Services. You are Enrolled, and Enrollment has occurred, when you create an account and provide the necessary Enrollment Information.
E. Enrollment Information means the information required of a User to complete the Enrollment process. Enrollment Information includes billing information such as credit card information for the purpose of paying fees.
F. Site Content means all text, graphics, video, audio, links, communications, and other information contained on the Site.
3. Account Requirements
If you enroll for the Services, you agree to provide accurate, current, and complete Registration Information (and, as applicable, Enrollment Information) as prompted by the Registration and Enrollment processes. You agree to promptly update the Registration Information, Enrollment Information, and any other information you provide to RealizeYourRetirement.com and to keep it accurate, current, and complete. If you provide any information, or we reasonably suspect you have provided any information, that is untrue, inaccurate, not current, or incomplete, we may terminate your account and refuse all access to or use of the Site. You agree that your right to use the Site is personal to you, and you may not resell, assign, or make any commercial use of the Site or the Services.
4. Password and Security
Upon Enrollment, you will select a username and password. You are solely responsible for use of the Site. You must keep your password confidential so that no one else may access the Site through your account. You must notify RealizeYourRetirement.com immediately upon discovering any unauthorized use of the Site or if you believe your password has been compromised.
5. Service Access and Speed
A. Service speed may vary depending on your online or Internet service provider, location, line quality, inside wiring, Internet traffic, and other factors beyond our control. You acknowledge and agree that you must provide for your own access to the Internet and pay any service fees associated with such access, and that you must provide all equipment necessary for you to make such connection to the Internet, including a computer and modem.
B. You may not have full access to the Site if the Internet connection for your Internet service provider is down or inaccessible, or if you provide incorrect information. If your Internet service provider terminates your service, your access to the Site may be limited or denied. RealizeYourRetirement.com is not responsible for any such limitation or denial, or for any long-distance, toll, or other charges or fees you incur while you use the Site.
6. Third Party Sites
The Site may contain links to websites provided or operated by other parties. When you visit any such websites, you do so at your own risk. We undertake no obligation to monitor such websites and are not responsible for any damage, loss of privacy, or offensive material you may encounter as you navigate away from the Site. You should consult the user agreements and privacy and security policies of any such websites you visit.
7. Disclaimer of Warranties
Our Website and the Services provided through it are provided on an “AS IS” and “AS AVAILABLE” basis. Your use of this Site shall be at your sole risk. RealizeYourRetirement.com disclaims to the fullest extent permissible by law, and you waive, all warranties of any kind, whether expressed, implied, or statutory, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement, in connection of the Website and your use thereof. RealizeYourRetirement.com makes no warranties or representations about the accuracy or completeness of this Website’s content and assumes no liability or responsibility for any (i) errors, mistakes or inaccuracies of content, (ii) any unauthorized access to or use of our Site, (iii) any interruption or cessation of transmission to or from our Website. (iv) any bugs, viruses, Trojan horses, or similar which may be transmitted to or through our website by any third party, (v) any errors or omissions in any content and/or (vi) any loss or damage of any kind incurred as a result of the use of any content transmitted or otherwise made available through the Website. You assume the entire risk of loss and damage due to your use of the Website, including but not limited to the cost of repairs or corrections to your hardware or software.
8. Information Disclaimer
The Site may provide certain financial market data, quotes, price forecasts, other forecasts, news, research, predictions, recommendations, and opinions or other financial information (collectively “Information”) that has been independently obtained by certain financial market information services, financial publishers, various securities markets including stock exchanges and their affiliates, investment bankers, and other providers (collectively the “Information Providers”) or has been obtained by RealizeYourRetirement.com from Users and/or from other sources including computer algorithms that may include guessing or other sources of random information. All data and Information is provided “as is” and the Information is intended solely as general information for educational and entertainment purposes only and is neither professional stock broker advice for any investment nor a substitute for other professional advice and services from qualified financial services providers familiar with your financial situation. Decisions based on Information contained within the Site are your sole responsibility. Always seek the advice of your financial advisor or other qualified financial services provider regarding any investment. The Information is provided with the understanding that neither RealizeYourRetirement.com nor its Users are engaged in rendering professional services or advice. Your use of the Site is subject to this disclaimer: RealizeYourRetirement.com assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based on the Information or other material on this Site. RealizeYourRetirement.com does not guarantee or certify the accuracy, completeness, timeliness, or correct sequencing of the Information made available through RealizeYourRetirement.com, the Information Providers, or any other third party transmitting the Information (the “Information Transmitters”). You agree that RealizeYourRetirement.com, the Information Providers, and the Information Transmitters shall not be liable in any way for the accuracy, completeness, timeliness, or correct sequencing of the Information, or for any decision made or action taken by you relying upon the Information. You further agree that RealizeYourRetirement.com, the Information Providers, and the Information Transmitters will not be liable in any way for the interruption or cessation in the providing of any data, Information, or other aspect of the Site. RealizeYourRetirement.com is not responsible for, and makes no warranties regarding, the access, speed, or availability of the Internet in general or the Site in particular. RealizeYourRetirement.com reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Site with or without notice. Performance information presented on this web site is historical, and is not indicative of future results. Investment returns and principal may vary, and at the time of sale, your investment may be worth more or less than its original cost. It is possible to lose money by investing in these funds. These investments are not deposits or obligations of or guaranteed or endorsed by, any bank, and are not federally insured or guaranteed by the U.S. government, the FDIC, the Federal Reserve Board or any other agency. Exchange-Traded funds frequently trade at a discount to their net asset value.
9. Limitation of Liability
Your use of our Website is entirely at your sole risk. RealizeYourRetirement.com shall not be liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages or losses, including without limitation loss of use, data, profits, goodwill, or other intangible losses, whether based in contract, tort, strict liability, or otherwise, which you may incur in connection with the use of our Site.
You agree to indemnify and hold harmless RealizeYourRetirement.com from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees), arising out of your acts or omissions, including claims resulting from your use of the Website.
11. Choice of Law
The terms of this User Agreement and use of this Site is governed by the laws of the State of Maryland.
12. Copyrights and Trademarks
A. All content included on this Site, such as text, graphics, logos, button icons, images, audio clips and software, is the exclusive property of RealizeYourRetirement.com and protected by U.S. and international copyright laws. Any software used on this Site is the property of RealizeYourRetirement.com or its software suppliers and protected by U.S. and international copyright laws.
B. Realize Your Retirement is a service mark of RealizeYourRetirement.com and may not be used in connection with any product or service that does not belong to RealizeYourRetirement.com in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits RealizeYourRetirement.com .
13. Mandatory Arbitration
Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.
14. Entire Agreement
This Agreement shall constitute the entire Agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.
15. Assignment of Rights
The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.
A. RealizeYourRetirement.com does not collect personally identifiable information about individuals who visit our Site except when the information is specifically provided on a voluntary basis. Personally identifiable information on Users will not be sold or otherwise transferred without the approval of the User. RealizeYourRetirement.com reserves the right to contact a User regarding account status, changes to the Agreement and other matters relevant to the use of the Site. RealizeYourRetirement.com reserves the right to change this policy at any time. Any such change will be posted on the Site.
This Agreement is effective until terminated by RealizeYourRetirement.com at any time without notice. In the event of termination, the disclaimers and limitations of liabilities set forth in this Agreement shall survive.
18. Contacting Us
If you have any questions about this privacy statement, the practices of this Site, or your dealings with this Site, you can contact us using the contact form in the menu at the top of the page. Date of Last Revision: 6/10/14
Copyright Dispute Instructions
Dieter T. Scherer, Jr. respects the intellectual property interests of other parties. If you believe that your work appears on this Website in a way that constitutes copyright infringement, you may notify Dieter T. Scherer, Jr. and provide the following information:
I. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
II. A copy of the copyrighted work that you claim has been infringed, or a description of the copyrighted work, including the URL (i.e., web page address) of the location where the copyrighted work exists;
III. Identification of the URL or other specific location on the site of Dieter T. Scherer, Jr. where the material that you claim is infringing is located;
IV. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
V. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
VI. Your address, telephone number, and e-mail address.