PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE FOR THIS WEBSITE (“TOS”) BEFORE USING THIS SITE. By continuing to access, link to, or use this Website or any service on this site, you signify YOUR ACCEPTANCE OF THE TOS.
Random Walk Ventures, LLC, through its FlexibleRetirementPlanner.com website, provides its Flexible Retirement Plan simulator to help you build a model of your retirement plan. Random Walk Ventures is committed to maintaining the trust and confidence of its clients and visitors to its web site, and is dedicated to treating its clients’ and web users’ information in a manner that is consistently fair, ethical, and responsible.
The Flexible Retirement Planner, as an educational tool, is general in nature and provided for informational purposes only. It should not be considered investment, legal, financial, planning or tax advice. The information contained on this Website is not an offer to sell or a solicitation to buy any security or product. No security or product is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction. You should consult with a qualified professional for specific and individualized investment, financial planning, legal or tax advice.
NOTE: Unauthorized attempts to upload or change information on the FlexibleRetirementPlanner.com Website (the “Website”) are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986 and the National Information Infrastructure Protection Act.
This Agreement constitutes the complete and exclusive agreement between YOU and Random Walk Ventures concerning your use of Random Walk Ventures’ Services, and supersedes and governs all prior proposals, agreements, or other communications.
In addition to transactions entered into by YOU on your behalf, YOU also agree to be bound by the terms of this Agreement for transactions entered into on your behalf by anyone acting as your agent, and transactions entered into by anyone who uses the account YOU have established with Random Walk Ventures, whether or not the transactions were in YOUR behalf.
The Terms set forth in this document apply to all customers and/or users of the Website. Additional Terms may be instituted for other services purchased through Random Walk Ventures, LLC.
1. ACCEPTANCE OF AGREEMENT; ENTIRE AGREEMENT
You agree that this Agreement constitutes the entire and only agreement between Random Walk Ventures and You, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings, if any, with respect to the Website, the content, products or Service provided by or through the Website, and the subject matter of this Agreement. This Agreement may be amended at any time without notice to you. The latest Agreement will be posted on the Website, and you should review this Agreement prior to using the Website.
2. USE OF THE WEBSITE AND SERVICE
You certify to Random Walk Ventures that: (i) you are eighteen (18) years of age or older; (ii) you assume complete responsibility for the use of the Service by any minors; (iii) you agree that all information you have submitted to Random Walk Ventures, online or otherwise, is complete and accurate, and that you have not intentionally submitted false information on or through the Website or Service; and (iv) your use of the Website and Service is subject to all applicable federal, state, and local laws and regulations.
All calculators and tools on the FlexibleRetirementPlanner.com site are designed to be informational and educational tools only and do not constitute investment advice. Random Walk Ventures strongly recommends that You seek the advice of a financial services professional before making any type of investment. We also encourage you to review your investment strategy periodically as your financial circumstances change. These tools & models are provided as an approximation of future financial performance. The results presented by these calculators are hypothetical and may not reflect the actual growth of your own investments. Random Walk Ventures (and its affiliates, if any) is not responsible for the consequences of any decisions or actions taken in reliance upon or as a result of the information provided by these tools. Random Walk Ventures is not responsible for any human or mechanical errors or omissions.
2.1 Forum Posting
The Forum section on the FlexibleRetirementPlanner.com Website is designed to be informational and educational only. Community postings do not constitute investment advice; nor do they reflect the opinions or policies of Random Walk Ventures. Community posts are solely the opinion and responsibility of the person posting the message. We will refer to each and every feature, function, service, activity, promotion and content on our Website, individually and/or collectively as “Content” and when we use the term “Website” it also included Content unless we specifically say otherwise.
The Website may provide Registered Users with an opportunity to submit, provide, furnish, transmit, make available, exchange, communicate, share and/or display Content to us and/or to other users (referred to as a “Post” or “Posting”). Sometimes we provide specific areas on our Website where you can Post information about yourself and others, communicate or upload Content such as photographs or audio-visual works. Posting includes not just Content in the form of files or material you upload to our Website, but also any messages or information you may send in the form of emails, text, SMS, and instant messages (IM), comments, advice, opinions and ideas, as well as information available as a result of your participation in chat rooms, forums and similar areas of our Website where you may be exchanging information and communicating with others. You should understand we intend the terms “Post” and “Posting” and any variations of these words to be construed as broadly as possible and when we use the term “Content” it includes all of these things and anything else you might Post.
When Posting, you must provide accurate and truthful information about yourself and avoid, being deceitful or Posting false or misleading information, expressly or by implication or omission. If information you previously Posted becomes outdated or changes, it’s up to you to promptly correct the Post or Post a correction, to avoid misleading or being deceptive to others on our Website.
Random Walk Ventures is not responsible, liable or accountable for Posts. We generally don’t control, monitor, screen or edit user Posts, although we reserve the right to do so and we may start, stop or decide to do so, for a particular reason or for no reason at all, at any time and from time to time in our sole discretion, without notice. We don’t endorse or support any particular opinion, recommendation, information, advice or anything contained in or that might be inferred from a Post. We certainly cannot and do not vouch for or guarantee the accuracy, validity, integrity or quality of any Posting and we cannot ensure that harmful, inaccurate, deceptive, offensive, defamatory, unlawful or otherwise objectionable Postings will not appear on our Website. By providing you and others with the ability to Post, our Website is a passive conduit and we neither undertake nor accept any obligation or liability relating to any Posting or the activities of users.
Random Walk Ventures reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to:
a. post or upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of Random Walk Ventures’ and/or a third party’s computer system and/or network;
b. violate any copyright, trade mark, other applicable United States or international laws, or the intellectual property rights of Random Walk Ventures or any other third party;
c. publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
d. submit contents containing marketing or promotional material which is intended to solicit business;
e. defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties; and
f. any other reason which Random Walk Ventures, in its sole discretion, deems prudent.
Even though the Website allows you to interact, even if we have the capability to monitor your dealings with others or even if we find out about a dispute you are having with another user or third party YOU are solely responsible for your interactions with others. We have no responsibility to monitor, resolve or get involved in any dispute or disagreement you have and although we reserve the right to do so, we don’t undertake or accept any liability, whether we do or not.
Content that is Posted on the Website can never replace or substitute for professional financial, medical, legal or other advice from those you know and trust. While we do not assume our users intentionally Post inaccurate, false or misleading Content, neither we nor you can ever check the qualifications of those who Post, nor is there any way to know if Postings are made for entertainment or other purposes. Certainly, no online user could ever possibly Post Content relevant to your own personal circumstances or situation and you should never rely on any Postings in making decisions or taking or failing to take specific actions, especially those that could have an effect on you or anyone else. If you have specific concerns or circumstances arise in which you need professional financial, medical or other guidance and advice, you should always consult with a trained and qualified specialist.
2.2 You Grant Random Walk Ventures License to the Information in Your Post(s)
If you post User Content to the Site, unless we indicate otherwise, you grant Random Walk Ventures (and its affiliates, if any) a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Random Walk Ventures (and its affiliates and sublicensees, if any) the right to use the name that you submit in connection with such User Content, if we (or they) choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Website and to grant the rights granted herein; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity. If you choose to make any submission or communication to Random Walk Ventures via the Website, you agree that Random Walk Ventures may copy, distribute, display, publish, modify or translate such submission for any purpose and in any medium worldwide without any obligation to compensate you or any other third party in any way for any such use. Random Walk Ventures may grant other parties these same rights as to the submission.
2.3 Restrictions on Your Use of Content
You may only use our Content and Content of other users for your own personal use and you have no right to transfer, assign or use the Content for any other purpose or allow or enable anyone else to do so. Personal use means nothing commercial or even charitable, whether or not money or other compensation or consideration is involved and whether or not it is for your benefit or for someone else. This also means you are not allowed to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast Content that is not yours without our express prior written consent. You may not alter, delete or conceal copyright or other notices, even if we let you download, display, print or share the Content with others. Unauthorized or prohibited use of Content may subject you to civil liability, criminal prosecution, or both under federal, state and local laws.
3. PROHIBITED CONDUCT
As a party to this Agreement, you agree not to: (i) submit, transmit, promote or distribute information or content that is illegal; (ii) submit, transmit or facilitate the distribution of information or content that is abusive, harmful, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a rational person’s view, objectionable; (iii) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iv) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) transmit or submit invalid data, viruses, worms, or other software agents through the Service; (vi) use any spider, robot, scraper or other automated access the Service for any purpose without our express written permission; (vii) impersonate a different person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; (viii) submit, post, upload, email, transmit or otherwise make available any content or information that you do not have a right to make available under any law or under contractual or fiduciary relationships; (ix) obstruct the proper working of the Service; or (x) circumvent the measures we may use to prevent or restrict access to the Service; (xi) submit, post, upload, email, transmit or otherwise make available any email content from private parties; (xii) submit, post, upload, email, transmit or otherwise make available content or posts that solicit purchases or use of merchandise, auctions, services or commercial Web sites, including offers to trade, “wanted” posts, or charitable solicitations; (xiii) submit, post, upload, email, transmit or otherwise make available any content including another individual’s contact information and/or email address.
Random Walk Ventures will prohibit any post or request that promotes any illegal activity or presents or otherwise has attached content that may be damaging to Random Walk Ventures servers or any other server on the Internet. Links to such materials are also prohibited. Random Walk Ventures will be the sole arbiter as to what constitutes a violation of Website content restrictions.
5. COPYRIGHT AND TRADEMARK NOTICE INFORMATION
All contents of the Site are: Copyright © 2012 – 2013 Random Walk Ventures, LLC, Newfields, New Hampshire 03856 and/or its Providers and third party vendors. All rights reserved. FlexibleRetirementPlanner.com trademarks and service marks and other Random Walk Ventures logos and product service names are trademarks of Random Walk Ventures (“Marks”). Without Random Walk Ventures’ prior permission, you agree not to display or use in any manner, the Marks. All other logos or brand names shown on the Site or through the Service are trademarks of their respective owners and/or licensors, and you may not use such without such parties’ express permission.
6. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (the “Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You also agree that all materials and/or content, including, but not limited to, articles, graphics, screen shots, logos, text, drawings and other files on the Site or as part of the Service are copyrights, trademarks, service marks, patents or other proprietary rights of Random Walk Ventures or their respective intellectual property owners. Unless expressly authorized by Random Walk Ventures, you agree not to modify, copy, reproduce, sell, distribute or create derivative works based on or contained within the Service or the Software, in whole or in part.
You are hereby granted a personal, nonexclusive, non-transferable, revocable, limited license to view, reproduce, print, cache and store content retrieved from the Website via a generally available consumer web browser, provided that you do not copy, modify, create a derivative work of, reverse engineering, reverse assembling or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the ncalculators.com website or remove or obscure the copyright notice or other notices displayed on the website or the content available through the website. You may not reproduce print, cache, save/store, distribute or otherwise use any content retrieved from the Website for any commercial use without the prior written permission of Random Walk Ventures.
You agree not to modify the FlexibleRetirementPlanner.com Services in any manner or form, including without limitation for the purpose of obtaining unauthorized access to the FlexibleRetirementPlanner.com Services or portions of the Services. You agree not to access the FlexibleRetirementPlanner.com Services by any means other than through the interface that is provided by Random Walk Ventures for use in accessing the Website FlexibleRetirementPlanner.com.
Except as expressly provided in the Random Walk Ventures’ Software License Agreement and within these Terms of Service, nothing contained herein or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of FlexibleRetirementPlanner.com content or the content of any third party. Any rights not expressly granted herein are reserved to Random Walk Ventures. You agree that your use of any information on the Website is at your own risk, including any reliance on the accuracy, completeness, or usefulness of the information.
Random Walk Ventures may provide links to third party websites; however, since Random Walk Ventures does not control these websites, you acknowledge and agree that Random Walk Ventures is not responsible for the availability of such external websites, and does not endorse and is not responsible or liable for any information, content, advertising, products, whether financial or otherwise, or other materials on or available from such websites. You also acknowledge and agree that Random Walk Ventures shall not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, products, goods or services available on or through any such website.
8. FEES AND PAYMENTS
8.1 Access and/or Use Charges
Unless you are a Licensee of a Personal, Professional, or Customized Software License or order any other specific service through our Services, Random Walk Ventures currently does not charge a fee to use our Services. Service Providers, such as those companies or other entities that provide links to or from the Website may pay us fees for services and to be matched with users of our Services. Random Walk Ventures is not involved with and is not responsible for any fee arrangement that you may enter into with any Service Provider. You acknowledge and agree to this compensation arrangement. You hereby release Random Walk Ventures of any and all losses, costs, damages or claims in connection with, arising from or related to your use of a Service Provider’s products or services, including any fees charged by a Service Provider.
Access and use of the Website’s Services is free. At any time, we may choose to charge fees for various premium features and services or for access to portions of the Service or the Service as a whole, and we will notify you of those charges at the time that we offer features and services for a fee. We may, in our sole discretion, and by notifying you on our Services, change this policy and begin charging for access to our Services and other features and services, and we may, in our sole discretion, add, remove or change the features and services we offer or the fees (including the amount and type of fees) we charge at any time. If at any time Random Walk Ventures requires a fee for portions of the Service or the Service as a whole, we will require you to register and create an account. If we introduce a new service or charge a new fee, we will establish and notify you of the fees for that service at the launch of the service or start of charging a new fee. If we notify you of new fees or changes to fees for an existing service, then you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Service by Random Walk Ventures or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Service through your account, and the purchase of any other products or services. Certain portions of the Service or the Service as a whole may require a prepaid fee (“Prepaid Fee”), which may be modified from time to time in Random Walk Ventures’ sole discretion. The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive any portions of the Service or the Service as a whole if a Prepaid Fee is required unless Random Walk Ventures receives all fees and charges payable by you, including the Prepaid Fee (if any).
While at this time Random Walk Ventures only accepts PayPal for payment of its licensed products and/or services, it may be possible that at some time in the future, we may expand its payment methods to include other providers, such as Google Checkout. You must have a PayPal account to acquire a premium software license and/or for other for-fee Services, if any, obtainable through or on the Website. Purchasers must have sufficient funds available in their account to fully pay for the total cost of any transaction they want to make. You may not engage in a PayPal transaction if they do not have sufficient funds in their account. Random Walk Ventures, however, is NOT responsible for your use of the PayPal service. You must resolve any dispute directly with PayPal.
You acknowledge and agree that Charges will be paid by You using a payment method approved by Random Walk Ventures, currently PayPal Payment Services. Other payment arrangements may be available through written agreement with Random Walk Ventures. Random Walk Ventures may suspend or terminate enrollment and/or your account and/or license in the event that there are insufficient funds as indicated by PayPal, or other payment method used by You, as applicable, to pay Charges in full. You agree to pay the cost of any fees charged to Random Walk Ventures as a result of investigator-enrollee’s insufficient funds.
If for any reason Random Walk Ventures is unable to receive payment through Your payment provider (PayPal) for the full amount owed Random Walk Ventures for the Services provided, or if Random Walk Ventures is charged a penalty for any fee it previously charged to Your PayPal payment, You agree that Random Walk Ventures may pursue all available remedies in order to obtain payment.
You warrant and represent that if you are purchasing a product or service from Random Walk Ventures or an affiliated entity that (a) any credit information you supply is true and complete, (b) charges incurred by you will be honored by your credit card company, and (c) you will pay the charges incurred by you at the posted prices, including any applicable taxes, shipping and handling fees, and postage.
Payment by PayPal: It is your responsibility to keep your PayPal Account current, and to have available funds in it. You agree that PayPal and Random Walk Ventures will not be responsible for payments that fail to go through as a result of YOUR Funding Source no longer existing, or holding insufficient funds. If for any reason PayPal is unable to withdraw the full amount owed for the Services provided, YOU agree that PayPal and Random Walk Ventures may pursue all available remedies in order to obtain payment.
Payments by PayPal to/for your Random Walk Ventures account or for particular fee-based Services may be automated. To change your billing authorization, You must log in to the PayPal system, which is separate from and not connected or otherwise affiliated with the Random Walk Ventures website.
Payment: Full payment is required before any service [outside the Trial Enrollment period, if any] is rendered, which includes applicable renewals, if any.
Taxes and Other Payments: All prices and fees payable to Random Walk Ventures hereunder are exclusive of all federal, state, municipal, or other government, excise, sales, use, occupational, or like taxes now in force or enacted in the future, and therefore, prices are subject to an increase equal in amount to any tax Random Walk Ventures may be required to collect or pay upon the sale or delivery of such services. If a certificate of exemption or similar document or proceeding is to be made in order to exempt the sale from such tax liability, You will obtain and pursue such certificate, document or proceeding prior to Service enrollment and/or activation.
8.3 Schedule of Charges
Evaluation (Limited Use) – Free, with acknowledgement and acceptance of Software License Agreement
Personal Edition License – $10.00-$20.00 (USD) suggested donation
Sole-Practitioner Professional License – $147.00 (USD) per year
Sole-Practitioner Custom-Branded License – $347.00 (USD) per year
9. ACCOUNT SECURITY
You agree you are entirely responsible for maintaining the confidentiality of your customer, user and/or account logins and passwords. You agree you are entirely responsible for any and all activities that occur under your account. You agree to notify Random Walk Ventures immediately of any unauthorized use of your account or any other breach of security. You agree Random Walk Ventures will not be liable for any loss that you may incur as a result of someone else using your Account Access Information, either with or without your knowledge. You further agree you could be held liable for losses incurred by Random Walk Ventures or another party due to someone else using your Account Access Information. For security purposes, you should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to YOUR Account Access Information. You agree that you will be responsible for all activity in your account, whether initiated by you, or by others on your behalf, or by any other means. Random Walk Ventures specifically disclaims liability for any activity in your account, whether authorized by you or not.
10. YOUR RESPONSIBILITY FOR EQUIPMENT AND RELATED COSTS
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use the Website and/or Services, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of the Website and/or Services.
11. INTELLECTUAL PROPERTY
Random Walk Ventures invites you to participate in blogs, message boards, online forums and/or other functionality and provides you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Random Walk Ventures’ users and/or to or via the FlexibleRetirementPlanner.com Website forum, which may include, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information (collectively, “User Content”). Random Walk Ventures does not claim ownership rights in user content, whether your requests, responses, or ratings you leave for, and/or left for you by, other investigators. For the sole purpose of enabling us to make User Content available through the Service, you grant to Random Walk Ventures a non-exclusive, royalty-free license to utilize your name(s), title(s), logos, posted requests, posted responses, any posted communication between investigators, and any ratings either left by you or for you, all as the same may be amended from time to time, to reproduce, distribute, re-format, store, prepare derivative works based on, publicly display and perform that content, and to advertise, market, promote, and publicize in any manner our rights hereunder; provided, however, that Random Walk Ventures shall not be required to so advertise, market, promote, or publicize your particular content.
You therefore grant to Random Walk Ventures the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same. You further agree that Random Walk Ventures is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Random Walk Ventures website or Random Walk Ventures, for any purposes whatsoever, including, without limitation, developing, producing, marketing and otherwise exploiting products and/or services using such User Content; and without remuneration of any kind. You further perpetually and irrevocably grant Random Walk Ventures the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligations to you. You also grant to Random Walk Ventures the right to sub-license and authorize others to exercise any of the rights granted to Random Walk Ventures under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to Random Walk Ventures under these Terms. Without limiting the generality of the forgoing, you authorize Random Walk Ventures to publish your User Content in a searchable format that may be accessed by users of the Random Walk Ventures website and the Internet. Except as prohibited by law, you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
Property Rights, Trademarks, similar: Random Walk Ventures owns all right, title and interest in and to the Services and Random Walk Ventures’ trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to the design, function, marketing, promotion, sale and provision of the Services and the related hardware, software and systems (“Marks”). Nothing in this Agreement constitutes a license to YOU to use or resell the Marks.
12. USE OF RANDOM WALK VENTURES’ AND/OR FLEXIBLERETIREMENTPLANNER.COM SOFTWARE
YOU agree to not alter or modify the Software or the auction, posting, listing, response or rating processes used within the Random Walk Ventures website. YOU agree YOU are not authorized to combine the Software with any other software program, nor are YOU authorized to integrate any plug-in or enhancement which uses or relies upon the Software. YOU further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.
Random Walk Ventures reserves all rights to the Software. The Software used within or otherwise for the Random Walk Ventures website is the intellectual property of Random Walk Ventures or others from whom Random Walk Ventures has obtained and retained proper licensing. The source code and its organization are the exclusive property of Random Walk Ventures and the Software is protected by copyright, including United States Copyright Law. Except as expressly provided for in this section, this Agreement does not grant YOU any rights in the Software and all rights are reserved by Random Walk Ventures.
Random Walk Ventures provides this Software “as is” without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.
13. UNITED STATES EXPORT CONTROL & FOREIGN ASSETS CONTROL REGULATIONS
Random Walk Ventures does not represent that materials in the Service are appropriate or available for use in any particular location. Those who choose to access the Service do so on their own initiative and are responsible for compliance with all applicable laws. Software from the Service is subject to U.S. export controls and may not be downloaded, exported or re-exported: (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria, or any other country with respect to which the United States maintains trade sanctions prohibiting the shipment of goods; or (ii) to anyone on or acting on behalf of an entity on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Denied Persons List or Entities List or included in General Order 3 (15 C.F.R. Part 736, Supplement 1), which prohibits exports to Mayrow General Trading, affiliated entities and persons, and specified persons involved in the manufacture or sale of Improvised Explosive Devices (together referred to as “U.S. Prohibited Party Lists”). By downloading or using such Software, you represent and warrant that you are not (a) located in or a national or resident of any country noted above that is subject to U.S. trade sanctions, or (b) on any U.S. Prohibited Party List or acting on behalf of any person or entity on any such list.
14. BACKUP AND DATA LOSS
Random Walk Ventures will not be held responsible for any loss of data held on Random Walk Ventures servers to your account or any data you enter on the Website. Random Walk Ventures, in its sole discretion, may try to restore your lost data, though limitations, such as though not limited to data corruption, may impact the degree of success. In such an instance, Random Walk Ventures will not be held responsible. While Random Walk Ventures maintains backups of its servers and databases, It is your responsibility to maintain a copy of your post and/or other information in the event that data was not backed up during the Random Walk Ventures’ routine backup processes.
15. REFUSAL; CANCELLATION; TERMINATION OF SERVICE
Random Walk Ventures reserves the right to refuse or cancel service in Random Walk Ventures’ sole discretion with no refunds. YOUR failure to follow or comply with any of the Terms of Service may result in immediate account deactivation, for which Random Walk Ventures need not provide advance notice.
Any abuse of Random Walk Ventures staff in any medium or format will result in the suspension or termination of your Services.
Random Walk Ventures has the right to suspend or terminate any service without prior notice or warning for any reason at any time. If the terms and conditions or the general usage policies are violated in any way Random Walk Ventures reserves the right to immediately terminate the service without prior warning or notice and no refunds are issued for such terminated services.
Random Walk Ventures and/or FlexibleRetirementPlanner.com accounts closed for violating Random Walk Ventures policies do not qualify for a refund.
16. LINKS TO OTHER SITES AND DEALING WITH THIRD PARTIES
Your correspondence or business dealings with any third parties as a result of your visit to the Website and/or participation in the Service, including, but not limited to, business dealings with mortgage lenders or brokers, insurance agents or carriers, or any other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party. Since Random Walk Ventures does not control these websites, you acknowledge and agree that we are not responsible for the availability of such external websites, and that we do not endorse and are not responsible or liable for any information, content, advertising, products, whether financial or otherwise, or other materials on or available from such websites. You also acknowledge and agree that Random Walk Ventures shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party links on the Website.
17. YOUR REPRESENTATIONS AND WARRANTY
You, or the individuals who electronically execute this Agreement on behalf of you hereby represent and warrant that you/they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that you/they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that you are 18 years of age or older, or that you have an agent authorized by law to represent you who is 18 years of age or older who is entering into this Agreement on your behalf. You warrant that each action you make is being done so in good faith and that you have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party’s trademark or trade name.
Random Walk Ventures expressly reserves the right to deny, cancel or transfer any enrollment that it deems necessary, in its discretion, to protect the integrity and stability of the Website, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Random Walk Ventures, as well as its affiliates, subsidiaries, officers, directors and employees.
18. DISCLOSURE OF YOUR INFORMATION
You acknowledge, consent and agree that Random Walk Ventures may preserve, access, and disclose the information we collect about you if required to do so by law or in good faith belief that such access preservation or disclosure is reasonably necessary to: (i) abide by legal process; (ii) enforce the Agreement; (iii) respond to claims that any information or content violated the rights of any third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of Random Walk Ventures, its users and the public.
Random Walk Ventures reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect Random Walk Ventures or its account holders or for any other reason Random Walk Ventures in good faith deems necessary. Random Walk Ventures will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not Random Walk Ventures’ intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the “CDA”) or any other applicable law.
You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the “DMCA”) and acknowledge that Random Walk Ventures is a “service provider” under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, Random Walk Ventures will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, Random Walk Ventures has a policy of terminating accountholders who are copyright infringers. For more information, please visit the Copyright Policy governing Infringement.
19. OUR LIMITATION OF LIABILITY
IN NO EVENT SHALL RANDOM WALK VENTURES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF RANDOM WALK VENTURES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE AS PROVIDED WITHIN THE SOFTWARE LICENSE AGREEMENT, IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST RANDOM WALK VENTURES WITH RESPECT THIS AGREEMENT, THE SITE OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SUCH.
Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, Random Walk Ventures’ liability is limited to the full extent permitted by law.
20. OUR DISCLAIMER OF WARRANTIES
Random Walk Ventures provides a general purpose Internet service and other related products and services. ALL SERVICES, SYSTEMS AND PRODUCTS PROVIDED BY RANDOM WALK VENTURES UNDER THIS AGREEMENT ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY IN FACT OR IN LAW, WHATSOEVER. Random Walk Ventures expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Random Walk Ventures makes no warranty that its services will meet YOUR requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. Random Walk Ventures does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise. YOU ACKNOWLEDGE AND AGREE THAT RANDOM WALK VENTURES EXERCISES NO CONTROL OVER, AND ACCEPTS NO RESPONSIBILITY FOR, THE CONTENT OF THE INFORMATION PASSING THROUGH RANDOM WALK VENTURES’ COMPUTERS, NETWORK HUBS AND POINTS OF PRESENCE, OR THE INTERNET. RANDOM WALK VENTURES DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR COMPLETELY SECURE, AND DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK INFRINGEMENT. It is the sole responsibility of YOU, as customer or investigator-enrollee, to determine if Random Walk Ventures’ services are fit for YOUR intended use. In the event that the products or services are unfit for any particular purpose, Random Walk Ventures is under no obligation to alter the service to meet the intended use nor is Random Walk Ventures under any obligation to provide alternate services to meet the intended use. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, RANDOM WALK VENTURES DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONDITIONS OF QUALITY, AND ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RANDOM WALK VENTURES MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. RANDOM WALK VENTURES DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
20.1 Your Results May Vary
Random Walk Ventures further makes no warranty that the results you obtain from the use of this Website, or any of the materials offered thereon, will be accurate or reliable, or that the quality of any documents, information or third-party products will meet either your requirements or expectations.
20.2 You Accept the Risk
Use of or similarly obtaining any materials through the Website is done at your own discretion and at your own risk. Random Walk Ventures shall have no responsibility for any damage to: (a) any damage to your computer system; (b) loss of data that results from the download of any content, materials, or information from this Website; and that (c) in no event shall Random Walk Ventures or any of its personnel, third-party affiliates or agents be liable for any direct, indirect, punitive, special, incidental or consequential damage, including but not limited to loss of revenue, profits, use, data or any other economic advantage.
21. NO FIDUCIARY RELATIONSHIP
Assignments: YOU may not transfer or assign YOUR rights, duties, or obligations under this Agreement without Random Walk Ventures’ prior written consent. Random Walk Ventures may assign its rights and obligations under this Agreement and may utilize affiliate and/or agents in performing its duties and exercising its rights under this Agreement, without YOUR consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assignees.
YOU agree that you shall defend, indemnify, save and hold Random Walk Ventures, its subsidiaries, affiliates, agents, shareholders/members, officers, contractors, vendors and employees harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Random Walk Ventures, its agents, customers, subsidiaries, affiliates, agents, shareholders/members, officers and employees, made by any third party due to or arising out of your use of the Website, the Service or any Software, the violation of the Agreement by you, or the infringement by you, or any other user of the Website, the Service or Software using your computer, of any intellectual property or other right of any person or entity. Random Walk Ventures reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE RANDOM WALK VENTURES AND ITS AFFILIATES, PARTNERS, SERVICE PROVIDERS, VENDORS, AND CONTRACTORS AND EACH OF THEIR RESPECTIVE AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, DEMANDS, COMPLAINTS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SITE OR THE SERVICE.
24. GOVERNING LAW; VENUE and SUBMISSION TO JURISDICTION; WAIVER OF TRIAL BY JURY; ARBITRATION
You acknowledge that Random Walk Ventures may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, Random Walk Ventures shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
The laws of the United States and the State of New Hampshire will govern this Agreement and any disputes arising under or related thereto, whether for breach of contract, tortious conduct, or otherwise, without regard to the conflicts of laws principles thereof, as such laws apply to contracts between New Hampshire residents entered into and performed entirely within New Hampshire. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement and is hereby expressly excluded. The parties have agreed that this Agreement will be written and construed in the English language.
Any action relating to this Agreement must be brought in the U.S. District Court, Concord, New Hampshire, or the New Hampshire State Court located in Rockingham County, New Hampshire, which courts shall have exclusive jurisdiction to hear and decide any and all legal actions, suits or proceedings arising out of this Agreement, and BOTH PARTIES TO THIS AGREEMENT IRREVOCABLY CONSENT, ACCEPT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS.
YOU agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.
ARBITRATION: By using any Random Walk Ventures services, YOU agree to submit to binding arbitration. If any disputes or claims arise against Random Walk Ventures or its subsidiaries, if any, such disputes will be handled by an arbitrator of Random Walk Ventures’ choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Florida. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. YOU are also responsible for any and all costs related to such arbitration. YOU and Random Walk Ventures each acknowledge that the waiver is a material inducement for each party to enter into a business relationship, that each party has already relied on the waiver in entering into this Agreement, and that each will continue to rely on the waiver in their related future dealings.
25. ADDITIONAL TERMS
26. STATUTE OF LIMITATIONS
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE SERVICE OR THE AGREEMENT MUST BE FILED WITHIN THREE (3) MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
27. FORCE MAJEURE
YOU shall not receive any credits or refunds in connection with any failure or deficiency of the Random Walk Ventures website availability caused by or associated with circumstances beyond Random Walk Ventures’ control or for problems elsewhere on the Internet.
Problems elsewhere on the Internet may prohibit YOU from viewing YOUR account. Random Walk Ventures is not responsible for browser, DNS, or other caching that might make it appear YOUR site is unavailable even though others can still access YOUR information. Please refer to The Internet Traffic Report, which monitors the flow of data around the world, for more information on any problems elsewhere on the Internet which may exist:
28. U.S. INTERNAL REVENUE SERVICE (IRS) CIRCULAR 230 DISCLOSURE
To ensure compliance with requirements imposed by the IRS in Circular 230, Random Walk Ventures hereby informs you that any U.S. federal tax advice contained within this site (including any of the Website’s linked sites) is not intended or written to be used, and cannot be used, for the purpose of (a) avoiding penalties under the Internal Revenue Code or (b) promoting, marketing or recommending to another party any transaction or matter addressed therein.
YOU agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
30. MISCELLANEOUS PROVISIONS
b. Headings. Headings are inserted for the convenience of the parties only and shall not be interpreted to modify the contractual language within each section.
c. Waiver. A failure or omission by either party to enforce any remedy for any breach of any term or condition in this Agreement shall not be construed as a waiver of such term or condition. Any waiver hereunder shall be valid only to the extent that such waiver is expressed in writing and executed by the party granting such waiver.
d. Notice. You agree that Random Walk Ventures may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, or postings on the Website. All notices from you to Random Walk Ventures shall be made in writing either by the mechanism as defined on the Random Walk Ventures Website (currently, info@flexibleRetirementPlanner.com ) or first class mail to Random Walk Ventures’ address of record.
e. Interpretation. The parties hereto acknowledge and agree that this Agreement represents the product of negotiations conducted in good faith and at arms-length and that this Agreement should not be interpreted in favor of or against any party because of such party’s ability or inability to control the drafting of this Agreement.
f. Survival. The obligations under this contract of both you and Random Walk Ventures shall survive termination of this agreement. The provisions of this Agreement which are intended to survive termination or are necessary to interpret the rights and obligations of the parties in connection with such termination, as well as all unpaid payment obligations, shall survive the execution of this Agreement and remain binding on the parties in accordance with the terms of this Agreement.
Effective Date: 30 December 2013
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.