Terms of Use for ABetterWayToRetire.com
Introduction
Welcome to abetterwaytoretire.com. This website is owned and operated by
ABetterWayToRetire.com, LLC. By visiting our website and accessing the
information, resources, services, products, and tools we provide, you
understand and agree to accept and adhere to the following terms and conditions
as stated in this policy (hereafter referred to as 'User Agreement'), along
with the terms and conditions as stated in our Privacy Policy (please refer to the
Privacy Policy section below for more information).
This agreement is in effect as of April 1, 2013.
We reserve the right to change this User Agreement from time to time without
notice. You acknowledge and agree that it is your responsibility to review this
User Agreement periodically to familiarize yourself with any modifications.
Your continued use of this site after such modifications will constitute
acknowledgment and agreement of the modified terms and conditions.
Responsible
Use and Conduct
By visiting our website and accessing the information, resources, services,
products, and tools we provide for you, either directly or indirectly
(hereafter referred to as 'Resources'), you agree to use these Resources only
for the purposes intended as permitted by (a) the terms of this User Agreement,
and (b) applicable laws, regulations and generally accepted online practices or
guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain
information about yourself (such as identification, contact details, etc.) as
part of the registration process, or as part of your ability to use the
Resources. You agree that any information you provide will always be accurate,
correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login
information associated with any account you use to access our Resources.
Accordingly, you are responsible for all activities that occur under your
account/s.
c. Accessing (or attempting to access) any of our Resources by any means other
than through the means we provide, is strictly prohibited. You specifically
agree not to access (or attempt to access) any of our Resources through any
automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources,
including the servers and/or networks to which our Resources are located or
connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources
is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may
directly or indirectly incur or suffer due to any unauthorized activities
conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog
comments, blog posts, public chat, forums, message boards, newsgroups, product
ratings and reviews, various social media services, etc. You understand that
generally we do not pre-screen or monitor the content posted by users of these
various communication tools, which means that if you choose to use these tools
to submit any type of content to our website, then it is your personal
responsibility to use these tools in a responsible and ethical manner. By
posting information or otherwise using any open communication tools as
mentioned, you agree that you will not upload, post, share, or otherwise
distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading,
intimidating, fraudulent, deceptive, invasive, racist, or contains any type of
suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other
proprietary right of any party;
iii. Contains any type of unauthorized or unsolicited advertising;
iv. Impersonates any person or entity, including any abetterwaytoretire.com
employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in
our judgment does not comply with this User Agreement, along with any content
that we feel is otherwise offensive, harmful, objectionable, inaccurate, or
violates any 3rd party copyrights or trademarks. We are not responsible for any
delay or failure in removing such content. If you post content that we choose
to remove, you hereby consent to such removal, and consent to waive any claim
against us.
h. We do not assume any liability for any content posted by you or any other
3rd party users of our website. However, any content posted by you using any
open communication tools on our website, provided that it doesn't violate or
infringe on any 3rd party copyrights or trademarks, becomes the property of
ABetterWayToRetire.com, LLC, and as such, gives us a perpetual,
irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify,
adapt, translate, publish, publicly display and/or distribute as we see fit.
This only refers and applies to content posted via open communication tools as described,
and does not refer to information that is provided as part of the registration
process, necessary in order to use our Resources. All information provided as
part of our registration process is covered by our privacy policy.
i. You agree to indemnify and hold harmless ABetterWayToRetire.com, LLC
and its parent company and affiliates, and their directors, officers, managers,
employees, donors, agents, and licensors, from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees, resulting
from any violation of this User Agreement or the failure to fulfill any
obligations relating to your account incurred by you or any other person using
your account. We reserve the right to take over the exclusive defense of any
claim for which we are entitled to indemnification under this User Agreement.
In such event, you shall provide us with such cooperation as is reasonably
requested by us.
Privacy
Your privacy is very important to us, which is why we've created a separate
Privacy Policy in order to explain in detail how we collect, manage, process,
secure, and store your private information. Our privacy policy is included
under the scope of this User Agreement. To read our privacy policy in its
entirety, click here.
Limitation
of Warranties
By using our website, you understand and agree that all Resources we provide
are "as is" and "as available". This means that we do not
represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from
errors.
iii) the information obtained by using our Resources will be accurate or
reliable, and
iv) any defects in the operation or functionality of any Resources we provide
will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our
Resources is done at your own discretion and risk, and that you are solely
responsible for any damage to your computer or other devices for any loss of
data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written,
obtained by you from ABetterWayToRetire.com, LLC or through any Resources
we provide shall create any warranty, guarantee, or conditions of any kind,
except for those expressly outlined in this User Agreement.
Limitation
of Liability
In conjunction with the Limitation of Warranties as explained above, you
expressly understand and agree that any claim against us shall be limited to
the amount you paid, if any, for use of products and/or services. ABetterWayToRetire.com, LLC will not be liable for any direct, indirect,
incidental, consequential or exemplary loss or damages which may be incurred by
you as a result of using our Resources, or as a result of any changes, data
loss or corruption, cancellation, loss of access, or downtime to the full
extent that applicable limitation of liability laws apply.
Copyrights/Trademarks
All content and materials available on abetterwaytoretire.com, including but
not limited to text, graphics, website name, code, images and logos are the
intellectual property of Business Workplace Solutions, LLC, and are protected
by applicable copyright and trademark law. Any inappropriate use, including but
not limited to the reproduction, distribution, display or transmission of any
content on this site is strictly prohibited, unless specifically authorized by ABetterWayToRetire.com, LLC.
Termination
of Use
You agree that we may, at our sole discretion, suspend or terminate your access
to all or part of our website and Resources with or without notice and for any
reason, including, without limitation, breach of this User Agreement. Any
suspected illegal, fraudulent or abusive activity may be grounds for
terminating your relationship and may be referred to appropriate law
enforcement authorities. Upon suspension or termination, your right to use the
Resources we provide will immediately cease, and we reserve the right to remove
or delete any information that you may have on file with us, including any
account or login information.
Governing
Law
This website is controlled by ABetterWayToRetire.com, LLC from our
offices located in the state of Texas, USA. It can be accessed by most
countries around the world. As each country has laws that may differ from those
of Texas, by accessing our website, you agree that the statutes and laws of
Texas, without regard to the conflict of laws and the United Nations Convention
on the International Sales of Goods, will apply to all matters relating to the
use of this website and the purchase of any products or services through this
site.
Furthermore, any action to enforce this User Agreement shall be brought in the
federal or state courts located in USA, Texas You hereby agree to personal
jurisdiction by such courts, and waive any jurisdictional, venue, or
inconvenient forum objections to such courts.
Guarantee
UNLESS OTHERWISE EXPRESSED, ABetterWayToRetire.com, LLC EXPRESSLY
DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Contact
Information
If you have any questions or comments about these our Terms of Service as
outlined above, you can contact us at:
ABetterWayToRetire.com, LLC
1601 Elm Street, Suite 4310
Dallas, Texas 75201
