Terms of Service
Last Updated: November 22, 2024
1. Acceptance of Terms
By accessing and using Retire Simple ("Service", "we", "us", or "our"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to these Terms of Service, please do not use our Service.
2. Description of Service
Retire Simple is a lead generation and advisor matching platform operating across the United States. We connect individuals seeking retirement planning services with certified financial advisors. We do not provide financial advice directly, nor do we act as a registered investment advisor, broker-dealer, or insurance agent.
Our Service includes:
- Online questionnaires to assess retirement planning needs
- Matching users with third-party financial advisors
- Facilitating initial consultations between users and advisors
- Educational content related to retirement planning
3. No Financial Advice
Retire Simple does not provide financial, investment, tax, or legal advice. All information provided on our platform is for general informational and educational purposes only. Any financial advisors you are matched with through our Service are independent third parties, and we do not control their advice, recommendations, or services.
You acknowledge that:
- We are not responsible for verifying the qualifications of third-party advisors beyond initial credential checks
- Any advice or services you receive from matched advisors is between you and the advisor
- You should independently verify advisor credentials and qualifications
- Past performance does not guarantee future results
4. Eligibility and User Obligations
You must be at least 18 years old and a resident of the United States to use our Service. By using the Service, you represent and warrant that:
- You meet the eligibility requirements
- All information you provide is accurate, current, and complete
- You will maintain the accuracy of such information
- You will not use the Service for any illegal or unauthorized purpose
- You will comply with all applicable federal, state, and local laws
5. Lead Generation and Referrals
By submitting your information through our Service, you understand and agree that:
- We may share your information with third-party financial advisors who may contact you
- We may receive compensation from advisors for successful matches and referrals
- You may receive communications from matched advisors via phone, email, or text message
- You are under no obligation to work with any advisor we match you with
- You may opt out of communications at any time
6. Third-Party Advisors
Financial advisors in our network are independent third parties. We do not employ these advisors and are not responsible for their actions, advice, or services. Each advisor is responsible for:
- Maintaining their own licenses, certifications, and insurance
- Complying with all applicable securities, investment advisory, and insurance regulations
- Their own fiduciary duties to clients
- The accuracy and suitability of their advice
7. Disclaimers and Limitation of Liability
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
- The Service will be uninterrupted, secure, or error-free
- The results obtained from using the Service will be accurate or reliable
- The quality of any advisors, information, or services obtained through the Service will meet your expectations
IN NO EVENT SHALL RETIRE SIMPLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your access to or use of or inability to access or use the Service
- Any conduct or content of any third party on the Service, including advisors
- Any content obtained from the Service
- Unauthorized access, use, or alteration of your transmissions or content
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED $100 USD.
8. Indemnification
You agree to defend, indemnify, and hold harmless Retire Simple and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with:
- Your access to or use of the Service
- Your violation of these Terms
- Your violation of any third-party right, including any intellectual property, privacy, or proprietary right
- Your interactions with third-party advisors
9. Intellectual Property
The Service and its original content, features, and functionality are owned by Retire Simple and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not modify, reproduce, distribute, create derivative works of, publicly display, or exploit any of our content without our prior written permission.
10. Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except that either party may seek injunctive relief in court to prevent irreparable harm.
12. Changes to Terms
We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after revisions become effective, you agree to be bound by the revised terms.
13. Regulatory Compliance
We comply with applicable federal and state regulations governing lead generation and consumer protection, including but not limited to:
- Telephone Consumer Protection Act (TCPA)
- CAN-SPAM Act
- Fair Credit Reporting Act (FCRA) where applicable
- State-specific consumer protection laws
14. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will continue in full force and effect.
15. Contact Information
If you have any questions about these Terms, please contact us at:
Email: legal@retiresimple.com
Address: [Your Business Address]