Terms and Conditions

 

Effective: January 18, 2012

Disclaimers and Terms of Use

This Website (“Web Site”) is owned and operated by Smarter Retirement Strategies(“SRS Company”, “we” or “us”). SRS Company has adopted these Terms of Use (“Terms of Use”) to make you aware of the terms and conditions governing your use of the Web Site. If you do not agree to these Terms of Use please do not use the Web Site. We may at any time, at our sole discretion, revise or otherwise update these Terms of Use by posting an amended Terms of Use on the Web Site; any changes that we make to these Terms of Use will be effective immediately upon posting. Please check this page periodically for changes to the Terms of Use; you can determine if these Terms of Use have been changed since your last visit by referring to the “Effective” date at the top of this page which constitutes your acceptance of the Terms of Use as amended or revised by us, and you should therefore review these Terms of Use regularly to ensure that you are aware of its terms. Your use of the Web Site after the Effective Date constitutes acceptance of the updated Terms of Use.

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Restrictions on Use of Materials

SRS Company makes available the information and materials on the Web Site (the Materials) for general informational and educational purposes only. The Materials are not intended to provide, and should not be relied upon for, accounting, legal, tax or investment advice. The Materials are general in nature, and may not apply to particular factual circumstances.

As with all financial matters, you should exercise great care in using the Materials. You should research the facts and opinions contained in the Materials. You should speak to your financial professional before making any financial decisions. The Materials do not constitute an offer to sell or buy any product that may be referenced or described on the Web Site.

You acknowledge that the Web Site may contain information, software, photos, video, text, graphics, music, sounds or other material provided by SRS Company or third parties that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed.

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Rules of Use

You may make and use printouts of the Materials for your personal, noncommercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Web Site and/or any Materials. In addition, your use of the Web Site is conditioned on your compliance with the following rules. You agree not to:

  • Use the Web Site for any fraudulent or unlawful purpose.
  • Impersonate any person or entity, including any SRS Company employee, agent, or representative; falsely state or otherwise misrepresent your identity or your affiliation with any person or entity; or express or imply that we endorse any statement you make.
  • Interfere with or disrupt the operation of the Web Site.
  • Transmit or otherwise make available in connection with the Web Site any virus, worm, Trojan Horse, or other harmful code.
  • Restrict or inhibit any other person from using the Web Site, including by means of hacking or defacing any portion of the Web Site.
  • Interfere with or violate any other Web Site visitor’s or user’s right to privacy or other rights, or harvest or collect personally identifiable information about Web Site visitors or users, or about SRS Company employees and representatives identified on the Web Site, without their express consent.
  • Sell, resell, transfer, license, or exploit for any commercial purpose any use of or access to the Web Site or the Materials.
  • Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Web Site or Materials.
  • Frame or mirror all or any part of the Web Site without our prior express written authorization.

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SRS Company Trademarks

Unless otherwise specifically noted, images, trademarks, service marks, logos and icons displayed on the Web Site are the property of SRS Company, and you may not use them without prior written consent. Your unauthorized use of the images may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes.

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Privacy Policy

We collect, store and use date collected from you on the Web Site in accordance with our Privacy Policy. Please click here for our Privacy Policy.

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Links

The Web Site may provide, or third parties may provide, links to other web sites on the Internet or resources. Because we have no control over such sites and resources, you acknowledge and agree that SRS Company is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such site or resource.

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Information You Submit to Us

If through the Web Site you submit to SRS Company information other than personal information subject to our Privacy Policy, the submitted information becomes our property. We shall be free to use the submitted information for any purpose, including improving our services. We shall not be subject to any duty of confidentiality regarding the submitted information other than as provided in our Privacy Policy or as specifically agreed or required by law.

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Disclaimer of Warranties

THE WEB SITE IS PROVIDED “AS IS” AND YOUR USE IS AT YOUR SOLE RISK. SRS COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITATION, SRS COMPANY MAKES NO WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF ANY INFORMATION FOUND ON THE WEB SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE USE OF THE WEB SITE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

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Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SRS COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SRS COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEB SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iii) ANY OTHER MATTER RELATING TO THE WEB SITE. IN NO EVENT SHALL SRS COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

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Indemnification

You agree to defend, indemnify and hold harmless SRS Company, its affiliates and its suppliers, and each of their respective partners, shareholders, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys fees) arising out of: (a) your activities in connection with the Web Site; (b) any violation of these Terms of Use by you; (c) any improper or unauthorized use of the Materials by you; or (d) any allegation that anything you transmit through or in connection with the Web Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.

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Jurisdictional Issues

The Web Site is controlled and operated by SRS Company from its principal office in Littleton, Colorado, USA, and is not intended to subject SRS Company to the laws or jurisdiction of any state, country, or territory other than that of the state of Colorado. SRS Company does not represent or warrant that the Web Site or the Materials, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Web Site or Materials do so on their own initiative and at their own risk, and are responsible for complying with local laws. We may limit the availability of the Web Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion.

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Governing Law and Forum

The validity and effect of these Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Colorado, USA, without regard to its conflicts of laws principles. The parties expressly disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE WEB SITE, ITS USE OR THESE TERMS OF USE, MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN ARAPAHOE COUNTY, COLORADO, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

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Miscellaneous Terms

If any provision of these Terms of Use is found for any reason to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provision. A party’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of this Agreement. This Agreement is not assignable, transferable or sublicensable by you except with our prior written consent.

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Copyright and Copyright Notices

SRS Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SRS Company the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Web Site;
  • your address, telephone number, and email address;
  • 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;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

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© 2015 Smarter Retirement Strategies
8390 E Via de Ventura, Ste. F-110, Scottsdale, AZ 85258
p: (480) 409-1717
charmaine@nuinvest.com