Terms & Conditions

Last updated: August 15, 2023

AGREEMENT TO OUR LEGAL TERMS

Retirement Education Resource Center of North America, Inc., (RERCNA) ("we," "us," "our"), is a company registered in Massachusetts, United States, with a principal office at:

3 Allied Drive, Suite 303
Dedham Place
Dedham, MA 02026

RERCNA provides tools, concepts, and ideas to help educate individuals in accumulating assets and distributing those assets during retirement, and we operate the mobile application ThinkSmartz ("Application”), as well as any other related products and Content and Services that refer or link to these legal terms ("Legal Terms") (collectively, "Content and Services").

You can contact us by phone at 781-763-7372, email at support@rercna.com, or mail at 3 Allied Drive, Suite 303, Dedham Place, Dedham, MA 02026, United States.

BY USING OUR CONTENT AND SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING OUR CONTENT AND SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. We will provide you with prior notice of any scheduled changes to our Content and Services. The modified Legal Terms will become effective upon posting or notifying you by email, as stated in the email message. By continuing to use our Content and Services after the effective date of any changes, you agree to be bound by the modified terms.

We recommend that you print a copy of these Legal Terms for your records.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy at https://rercna.com/privacy-policy (“Privacy Policy”). By using our Content and Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

Please be advised our Content and Services are hosted in the United States. If you access our Content and Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of our Content and Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

Our Content and Services are primarily directed to individuals considering retirement or seeking to understand retirement planning. We do not knowingly accept, request, or solicit information from minor children. All users who are minors in the jurisdiction in which they reside (generally under the age of eighteen (18)) must have the permission of, and be directly supervised by, their parent or guardian to use our Content and Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using our Content and Services. If you are a parent or guardian and you learn that your minor child has provided us with personal information, without your permission, please contact us and we will delete that information from our Content and Services as quickly as is reasonably practical.

OUR CONTENT AND SERVICES

Specific to the United States

The information provided when using our Content and Services is specific to the United States and is not intended for distribution to or use by any person or entity outside of the United States. Accordingly, those persons who choose to access our Content and Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Our Content and Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use our Content and Services. You may not use our Content and Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

No Legal, Financial, or Investment Advice

RERCNA provides our Content and Services for your general information and use only. We are not a law firm, an accounting firm, or an investment firm, and our Content and Services are not to be construed as legal, financial, or investment advice. You agree that registration with or use of our Content and Services does create any attorney-client relationship between us. We do not solicit attorney-client or other privileged information, and you are responsible for protecting any such privileged information from disclosure to us.

It is your responsibility to consult with a licensed attorney, a financial professional, or an investment professional for legal, financial, or investment advice.

INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

RERCNA is the owner or the licensee of all intellectual property rights in our Content and Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, "Creations"), as well as the trademarks, service marks, and logos contained therein ("Marks").

Our Creations and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Creations and Marks are provided in or through our Content and Services "AS IS" for your personal, non-commercial use only.

Your use of our Content and Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

access our Content and Services, and
download or print a copy of any portion of the Creations and Marks to which you have properly gained access;

Such license is solely for your personal and non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of our Content and Services and no Creations or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of our Content and Services, Creations, or Marks other than as set out in this section or elsewhere in our Legal Terms, please forward your request to: legal@rercna.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Content and Services or Creations, you must identify us as the owners or licensors of our Content and Services, Creations, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Creations or Marks.

We reserve all rights not expressly granted to you in and to our Content and Services, Creations, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Content and Services will terminate immediately.

Your submissions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Content and Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through our Content and Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about our Content and Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you, including accessing, storing, processing, and using the Submission.

You are responsible for what you post or upload: By sending us Submissions through any part of our Content and Services you:

confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through our Content and Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

USER REPRESENTATIONS

By using our Content and Services, you represent and warrant that:

all registration information you submit will be true, accurate, current, and complete;
you will maintain the accuracy of such information and promptly update such registration information as necessary;
you have the legal capacity and you agree to comply with these Legal Terms;
you are not under the age of 13;
you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use our Content and Services;
you will not access our Content and Services through automated or non-human means, whether through a bot, script or otherwise;
you will not use our Content and Services for any illegal or unauthorized purpose; and
your use of our Content and Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Content and Services (or any portion thereof).

USER REGISTRATION

You may be required to register to use our Content and Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

CANCELLATION

All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term.

If you are unsatisfied with our Content and Services, please email us at support@rercna.com or call us at 781-763-7372.

SOFTWARE

We may include software for use in connection with our Content and Services. If such software is accompanied by an End User License Agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our Content and Services and in accordance with these Legal Terms. Any software and any related documentation is provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.

PROHIBITED ACTIVITIES

You may not access or use our Content and Services for any purpose other than that for which we make our Content and Services available. Our Content and Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of our Content and Services, you agree not to:

Systematically retrieve data or other content from our Content and Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of our Content and Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of our Content and Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or our Content and Services.
Use any information obtained from our Content and Services in order to harass, abuse, or harm another person.
Make improper use of our support Content and Services or submit false reports of abuse or misconduct.
Use our Content and Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to our Content and Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of our Content and Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of our Content and Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Creations.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or pcms").
Interfere with, disrupt, or create an undue burden on our Content and Services or the networks or Content and Services connected to our Content and Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of our Content and Services to you.
Attempt to bypass any measures of our Content and Services designed to prevent or restrict access to our Content and Services, or any portion of our Content and Services.
Copy or adapt our Content and Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of our Content and Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses our Content and Services, or use or launch any unauthorized script or other software.
Make any unauthorized use of our Content and Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use our Content and Services as part of any effort to compete with us or otherwise use our Content and Services and/or the Creations for any revenue-generating endeavor or commercial enterprise.
Use our Content and Services to advertise or offer to sell goods and Content and Services.
Sell or otherwise transfer your profile.

MOBILE APPLICATION LICENSE

Use License

If you access our Content and Services via the Application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the Application on wireless electronic devices owned or controlled by you, and to access and use the Application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not:

except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application;
make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Application;
violate any applicable laws, rules, or regulations in connection with your access or use of the Application;
remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the Application;
use the Application for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
make the Application available over a network or other environment permitting access or use by multiple devices or users at the same time;
use the Application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Application;
use the Application to send automated queries to any website or to send any unsolicited commercial email; or
use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Application.

Apple and Android Devices

The following terms apply when you use the Application obtained from either the Apple Store or Google Play (each an "Application Distributor") to access our Content and Services:

the license granted to you for our Application is limited to a non-transferable license to use the Application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable Application Distributor’s terms of service;
we are responsible for providing any maintenance and support Content and Services with respect to the Application as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each Application Distributor has no obligation whatsoever to furnish any maintenance and support Content and Services with respect to the Application;
in the event of any failure of the Application to conform to any applicable warranty, you may notify the applicable Application Distributor, and the Application Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Application, and to the maximum extent permitted by applicable law, the Application Distributor will have no other warranty obligation whatsoever with respect to the Application;
you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties;
you must comply with applicable third-party terms of agreement when using the Application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Application; and
you acknowledge and agree that the Application Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each Application Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.

CONTENT AND SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

monitor our Content and Services for violations of these Legal Terms;
take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities;
in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
in our sole discretion and without limitation, notice, or liability, to remove from our Content and Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
otherwise manage our Content and Services in a manner designed to protect our rights and property and to facilitate the proper functioning of our Content and Services.

TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use our Content and Services.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF OUR CONTENT AND SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN OUR CONTENT AND SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

RERCNA reserves the right to change, modify, or remove the contents of our Content and Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Content and Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of our Content and Services.

We cannot guarantee our Content and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to our Content and Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify our Content and Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use our Content and Services during any downtime or discontinuance of our Content and Services.

Nothing in these Legal Terms will be construed to obligate us to maintain and support our Content and Services or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Legal Terms and your use of our Content and Services are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts applicable to agreements made and to be entirely performed within the Commonwealth of Massachusetts, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Norfolk County, Massachusetts. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Norfolk County, Massachusetts, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and an inconvenient forum with respect to venue and jurisdiction in such state and federal courts.

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Legal Terms.

In no event shall any Dispute brought by either Party related in any way to our Content and Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on our Content and Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on our Content and Services at any time, without prior notice.

DISCLAIMER

OUR CONTENT AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. YOU AGREE THAT YOUR USE OF OUR CONTENT AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RERCNA, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO OUR CONTENT AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.

WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND THAT OUR CONTENT AND SERVICES WILL PROVIDE ACCURATE OR COMPLETE CONTENT, WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR CONTENT AND SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR CONTENT AND SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR CONTENT AND SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR CONTENT AND SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR CONTENT AND SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR CONTENT AND SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES (INCLUDING OUR DIRECTORS, EMPLOYEES, OR AGENTS), OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE OUR CONTENT AND SERVICES OR THE CONTENT AND SERVICES OF ANY THIRD PARTY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOST REVENUE, COST OF SUBSTITUTE GOODS OR CONTENT AND SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR OTHER DAMAGES ARISING FROM YOUR USE OF OUR CONTENT AND SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU LAST PAID, IF ANYTHING, FOR A ONE-MONTH SUBSCRIPTION TO OUR CONTENT AND SERVICES.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of our Content and Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of our Content and Services with whom you connected via our Content and Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to our Content and Services for the purpose of managing the performance of our Content and Services, as well as data relating to your use of our Content and Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using our Content and Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting our Content and Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on our Content and Services, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA OUR CONTENT AND SERVICES.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Content and Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on our Content and Services or in respect to our Content and Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of our Content and Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

CONTACTING US

In order to resolve a complaint regarding our Content and Services or to receive further information regarding use of our Content and Services, please contact us at:

Retirement Education Resource Center of North America, Inc.
3 Allied Drive, Suite 303
Dedham Place
Dedham, MA 02026
United States
Phone: 781-763-7372
support@rercna.com